Chapter 8.30
ABANDONED AND JUNKED VEHICLES Revised 10/24

Sections:

8.30.010    Abandoned vehicles – Definitions.

8.30.020    Removal and impoundment of vehicles.

8.30.030    Removal, storage, notice, or reclaimer of abandoned vehicles. Revised 10/24

8.30.040    Disposal of abandoned vehicles.

8.30.050    Report of sale or disposal. Revised 10/24

8.30.060    Owner responsible for impoundment and disposal costs.

8.30.070    Conflict with other code provisions.

8.30.080    Junked vehicles and appliances on private property. Revised 10/24

8.30.010 Abandoned vehicles – Definitions.

(a) Abandonment of Vehicles Prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public street or highway or private or public property in the village of Arena, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any such vehicle has been left unattended on any street or highway in the village of Arena or upon private or public property without the permission of the property owner or other person charged with the lawful jurisdiction thereof for more than 72 hours, the vehicle shall be deemed abandoned and constitutes a public nuisance.

(b) Definitions. For purposes of this chapter, the following definitions shall be applicable:

“Street” shall mean any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular travel.

“Unattended” shall mean unmoved from its location with no obvious sign of continuous human use.

“Vehicle” shall mean a motor vehicle, trailer, semitrailer, or mobile home, whether or not such vehicle is registered under Wisconsin law.

(c) Presumptions. For purposes of this section, the following irrebuttable presumptions shall apply:

(1) A vehicle shall be presumed unattended if it is found in the same position 72 hours after issuance of a traffic ticket or citation and if such traffic ticket or citation remains placed upon the windshield during said 72 hours.

(2) Any vehicle left unattended for more than 72 hours on any public street or public ground or left unattended for more than 72 hours on private property without the consent of the property owner is deemed abandoned and constitutes a nuisance; provided, that the vehicle shall not be deemed abandoned under this subsection if left unattended on private property outside of public view or if designated as not abandoned by the police.

(d) Exceptions. This section shall not apply to a vehicle in an enclosed building, or a vehicle stored on a premises licensed for storage of junk or junked vehicles, or to a vehicle parked in a paid parking lot or space where the required fee has been paid. [Prior code § 8-4-1].

8.30.020 Removal and impoundment of vehicles.

Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of AMC 8.30.030. [Prior code § 8-4-2].

8.30.030 Removal, storage, notice, or reclaimer of abandoned vehicles. Revised 10/24

The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles.

(a) Removal.

(1) Any police officer who discovers any motor vehicles, trailer, semitrailer or mobile home on any public street or highway or private or public property in the village which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment.

(2) Upon removal of the vehicle the police shall notify the village board or its designee of the abandonment and of the location of the impounded vehicle.

(b) Storage and Reclaimer. Any abandoned vehicle which is determined by the village board or its designee to be abandoned shall be retained in storage for a period of 14 days after certified mail notice, as hereinafter provided, has been sent to the Wisconsin titled owner and/or secured party of record with the Wisconsin Motor Vehicle Division, except that if the village board or its designee determines an abandoned vehicle to have a value of less than $100.00, or that the cost of towing and storage charges for impoundment will exceed the value of the vehicle, it may be junked or sold by direct sale to a licensed salvage dealer after having been retained in storage for a period of seven days and after certified mail notice, as hereinafter provided, has been sent to the Wisconsin titled owner or secured party of record with the Wisconsin Motor Vehicle Division; provided, that it is first determined that the vehicle is not reported stolen or wanted for evidence or other reason. Any such vehicle which may be lawfully reclaimed may be released upon the payment of all accrued charges, including towing, storage and notice charges and upon presentation of the vehicle title or other satisfactory evidence to the village board or its designee to prove an ownership or secured party interest in said vehicle.

(c) Notice to Owner or Secured Party. Certified mail notice, as referred to herein, shall notify the Wisconsin titled owner of the abandoned vehicle, if any, and/or the secured party of record with the Wisconsin Motor Vehicle Division, if any, that the vehicle has been deemed abandoned and impounded by the village; the “determined value” of the abandoned vehicle or if the cost of towing and storage charges will exceed the determined value of the vehicle; that if the vehicle is not wanted for evidence or other reason, the vehicle may be reclaimed upon the payment of all accrued charges, including towing, storage and notice charges, within 14 days of the date of notice, unless the vehicle has been determined to have a value less than $100.00 or that the cost of towing and storage charges for impoundment will exceed the value of the vehicle, in which case the vehicle may be reclaimed within seven days upon the payment of the aforesaid charges; and that the owner or aforesaid secured party may, upon request, be granted a hearing relating to the determinations made with respect to said vehicle within the period that such vehicles may be reclaimed. [Ord. dated 10/1/24 #7 § 1. Prior code § 8-4-3].

8.30.040 Disposal of abandoned vehicles.

Any abandoned vehicle impounded by the village which has not been reclaimed or junked or sold by direct sale to a licensed salvage dealer pursuant to the provisions of this chapter may be sold by public auction sale, or public sale calling for the receipt of sealed bids. Class 1 notice, including the description of the vehicle, the name(s) and addresses of the Wisconsin titled owner and secured party of record, if known, and the time of sale, shall be published before the sale. [Prior code § 8-4-4].

8.30.050 Report of sale or disposal. Revised 10/24

Within five days after the direct sale or disposal of a vehicle as provided for herein, the police shall advise the State of Wisconsin Department of Transportation, Division of Motor Vehicles, of such sale or disposal on a form supplied by said Division. A copy of the form shall be given to the purchaser of the vehicle. [Ord. dated 10/1/24 #7 § 1. Prior code § 8-4-5].

8.30.060 Owner responsible for impoundment and disposal costs.

(a) The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not covered from the sale of the vehicle may be recovered in a civil action by the village against the owner.

(b) Payment of removal and impoundment costs is not required when the vehicle has been impounded for purposes of law enforcement investigation. [Prior code § 8-4-6].

8.30.070 Conflict with other code provisions.

In the event of any conflict between this chapter and any other provisions of the code of ordinances, this chapter shall control. [Prior code § 8-4-7].

8.30.080 Junked vehicles and appliances on private property. Revised 10/24

(a) Storage of Personal Property Restricted.

(1) No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, boats or appliances shall be stored or allowed to remain in the open upon private property within the village for a period exceeding 10 days unless in connection with a properly licensed personal property sales, repair or storage business enterprise located in a properly zoned district and such business is maintained in such a way as to not constitute a public nuisance.

(2) Any business engaged in automotive sales, storage, body repair or other repair may only retain such vehicles if such vehicles are stored out of public view behind a solid fence. The fence design and materials shall be approved by the village board, after an advisory recommendation from the plan commission. Such automotive and repair related businesses may only be located in a properly zoned area.

(3) In residential areas no such vehicle may be kept unenclosed and outside on the front or side yard of a parcel.

(b) Definitions.

“Disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors, trailers” as used in this section is defined as follows: motor vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates, or other defects.

“Inoperable appliance” is defined as any stove, washer or refrigerator which is no longer operable in the sense for which it was manufactured.

“Motor vehicle” is defined in Section 340.01(35), Wis. Stats.

“Unlicensed motor vehicles, truck bodies, tractors or trailers” as used in this chapter is defined as follows: motor vehicles, truck bodies, tractors or trailers which do not bear lawful current license plates and current registration.

(c) Exceptions. This section shall not apply to any motor vehicles or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise or in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters, motorized and nonmotorized campers and boats, provided such property is stored in rear yard areas and is operable as intended. Such business enterprises shall include auto junkyards, auto repair and body shops, but shall not include sales stores, except those service stations which operate a duly licensed wrecker service. Also excepted are motor vehicles registered pursuant to Sections 341.265 and 341.266, Wis. Stats. In situations not covered by the foregoing, the police or Arena building inspector may issue permits permitting an extension of a time limit deemed appropriate but not to exceed 60 days within which to comply with this section and where exceptional facts and circumstances warrant such extension. A $15.00 permit fee will apply. Special exceptions may be approved by the village board.

(d) Enforcement.

(1) Whenever the police or the Arena building inspector shall find any personal property, as described herein, placed or stored in the open upon private property with the village, they shall notify the owner or occupant of said premises on which said personal property is placed or stored in violation of this section. If such personal property is not removed within five days, the police or Arena building inspector shall cause a citation to be issued to the property owner or occupant upon which said personal property is placed or stored.

(2) If such vehicle or appliance is not removed within 30 days after issuance of a citation, the police shall cause the vehicle or appliance to be removed and impounded and it shall thereafter be disposed of as prescribed in AMC 8.30.030 through 8.30.060 by the police. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.

(e) Penalty. Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided in AMC 1.05.060. Each motor vehicle or appliance involved shall constitute a separate offense. [Ord. dated 10/1/24 #7 § 1; Ord. dated 10/4/16; Ord. dated 3/6/12 § 76; Ord. dated 12/2/09. Prior code § 8-4-8].

    State law reference: Section 342.40, Wis. Stats.