Restrictions on Junk/Inoperable Vehicles

Sec. 8-5-1      Abandoned Vehicles; Definitions.

 (a)     Abandonment of Vehicles Prohibited. No person shall leave unattended any motor vehicle, trailer, semi trailer or mobile home on any public street or highway or private or public property in the City of Elroy 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 City of Elroy 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 forty-eight (48) 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:

     (1)     Vehicle shall mean a motor vehicle, trailer, semi trailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.

     (2)     Unattended shall mean unmoved from its location with no obvious sign of continuous human use.

     (3)     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 traffic.

(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 forty-eight (48) hours after issuance of a traffic ticket or citation and if such traffic ticket or citation remains placed upon the windshield during said forty-eight (48) hours. 

     (2)     Any vehicle left unattended for more than forty-eight (48) hours on any public street or public ground or left unattended for more than forty-eight (48) 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 and is enclosed within a building, or if designated as not abandoned by the Chief of Police or designee.

(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 and fully in compliance with City zoning regulations, or to a vehicle parked in a paid parking lot or space where the required fee has been paid.

Sec. 8- 1-52   Inoperable, Wrecked or Discarded Vehicles.

 (a)     Storage Prohibited. No person owning or having custody of any partially dismantled, non-operable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public Street or highway, parking lot or ramp longer than forty-eight (48) hours after notification thereof by the Police Department. Any such vehicle not removed within forty-eight. (48) hours are declared to be a public nuisance and may be removed as provided in Section 8-1-51.

(b)     Exemptions. This Section shall not apply to a motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the City of Elroy.

 Cross-Reference:    Section 8-5-1.