Sec. 6-2-7 Snow and Ice Removal.
(a) Removal From Sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within twenty-four (24) hours from the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to a minimum of four (4) feet in width. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt to permit safe travel by pedestrians.
(b) Notice and Removal of Snow from Sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection (a), Village law enforcement officers and other designate Village officials and employees shall take the following action:
(1) Hazardous Conditions. If a Village law enforcement officer or other designated Village officials and employees determine that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed within two (2) hours from the delivery of the notice. In the event the property owner, occupant or person in charge of said parcel or lot is unavailable to receive a written notice, the police officer and other designate Village officials and employees shall immediately cause the removal of the snow and/or ice. The police officer and other designated Village officials and employees shall send a written notice to the last-known address of the property owner notifying him that a hazardous condition existed which required immediately abatement.
(2) Snow and Ice Not to Encroach. No person shall push, shove or in any way deposit any snow or ice onto any public streets, alley, sidewalk or public lands dedicated to public use except for parcels or lots located where existing buildings are constructed within five (5) feet of the street right-of-way and the sidewalks exist from the Village right-of-way to the curb line. In such instances, the owners, occupants and/or employees of parcels or lots shall be permitted to deposit snow and ice from their sidewalks onto the public streets.
(c) Enforcement. All sworn police officers and other designated Village officials and employees are hereby authorized and directed to enforce the provisions of this Section.
(d) Continued Violations. Each twenty-four (24) hour period where a violation occurs shall constitute a separate offense under this Section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this Section.
(e) Abatement After Notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection (b)(1) and (2) after receiving a written notice shall result in the Village causing the removal of said snow and/or ice.
(f) Expense. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept and such expense shall e charge to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last know address of the owner of the parcel or lot and shall be payable within ten (10) calendar days from the receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by Sec. 66.615(5), Wis. Stats.
(g) Penalty. In addition to the provisions set forth in this Section, any person, firm or provided in Section 1-1-6 of this Code of Ordinances.
State Law Reference: Sec. 66.60(16) and 66.615(3)(f) and (5), Wis. Stats.
Sec. 7-1-1 Dog and Cat License Required
(a) License Required. It shall be unlawful for any person in the Village of Fall River to own, harbor or keep any dog or cat for more than five (5) months of age after July 1 of the license year without complying with the provisions of this Chapter relating to the listing, licensing and tagging of the same.
(b) Definitions. In this Chapter, unless the context or subject matter otherwise require:
(1) Owner. Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of ten (10) days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this Section.
(2) At Large. Off the premises of the owner and not under the control of some person either by leash or otherwise, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat, shall be deemed to upon the owner’s premises.
(3) Dog. Any canine, regardless of age or sex.
(4) Cat. Any feline, regardless of age or sex.
(5) Neutered. As describing a dog or cat shall mean a dog or cat having nonfunctional reproductive organs.
(6) Animals. Mammals, reptiles and birds.
(7) Cruel. Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
(8) Law Enforcement Officer. Has that meaning as appears in Sec. 967.02(5), Wis. Stats., and includes a humane officer under Sec. 58.07, Wis. Stats., but does not include a conservation warden appointed under Sec. 23.10, Wis. Stats.
(9) Farm Animal. Any warm-blooded animal normally raised on farms in the United States and uses for food or fiber.
(10) Pet. An animal kept and treated as a pet.
(11) Residential Lot. A parcel zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted and under common ownership. For the purpose of this Chapter, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one (1) lot.
(12) Restrain. Includes notifying the dog or cat’s owner or an officer and requesting either the owner or officer to capture and restrain the dog or cat, or capturing and restraining the dog or cat, and killing the dog or cat if the circumstances require immediate action.
(13) Untagged. Not having a valid license tag attached to a collar kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.
State Law Reference: Sections 174.05 through 174.10, Wis. Stats.
Sec. 7-1-2 Rabies Vaccination Required for License.
(a) Rabies Vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian within thirty (30) days after the dog or cat reaches four (4) months of age and revaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the Village of Fall River after the dog or cat has reached four (4) months of age, the owner shall have the dog or cat vaccinated against rabies within thirty (30) days after the dog or cat is brought into the Village unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination r, if no date is specified, within two (2) years after the previous vaccination. The certificate of vaccination shall meet the requirements of Sec. 95.21 (2), Wis. Stats.
(b) Issuance of Certificate of Rabies Vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Village stating the owner’s name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of the vaccination, the type of rabies vaccination administered and the manufacturer’s serial number, the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services and the Village.
(c) Copies of Certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date the immunization expires or until the dog or cat is revaccinated, whichever occurs first.
(d) Rabies Vaccination Tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
(e) Tag to be Attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog or cat at all items, but this requirement does not apply to a dog or cat during competition or training, to a dog while hunting, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog which is not required to be vaccinated under Section (a)
(f) Duplicate Tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
(g) Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of the rabies vaccination tag.
Sec. 7-1-6 Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals
(a) Restrictions. It shall be unlawful for any person within the Village of Fall River to own, harbor or keep any dog or cat which:
(1) Habitually pursues any vehicle upon any public street, alley or highway in the Village.
(2) Assaults or attacks any person or destroys property.
(3) Is at large within the limits of the Village.
(4) Habitually barks or howls to the annoyance of any person or persons. (See Section 7-1-12.)
(5) Kills, wounds or worries any domestic animal.
(6) Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.
(7) In the case of a dog, is unlicensed.
(b) Vicious Dogs and Animals.
(1) No vicious dog shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner or a member of the owner’s immediate family over sixteen (16) years of age. For purposes of enforcing this Section, a dog shall be deemed as being of a vicious disposition if, within any twelve (12) month period it bites two (2) or more persons or inflicts serious injury to one (1) person in unprovoked circumstances off the owner’s premises.
(2) No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.
(c) Animals Running at Large.
(1) No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the Village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or Village Ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer or animal warden.
(2) A dog or cat shall not be considered to be running at large if it is on a leash not to exceed ten (10) feet in length and under control of a person physically able to control it when the animal is off of the owner’s premises.
(d) Animals Restricted on Public Grounds and Cemeteries. No dog or cat shall be permitted in any public playground, school grounds, public park, beach, or swimming area within the Village unless such dog or cat is on a leash and under control. Dogs and cats are prohibited from being in cemeteries. Every dog specially trained to lead blind persons shall be exempt from this Section.
(e) Owner’s Liability for Damage Caused by Dogs; Penalties. The provisions of Sec. 174.02, Wis. Stats., relating to the owner’s liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference.
Sec. 7-1-7 Impoundment of Animals.
(a) Animal Control Agency.
(1) The Village of Fall River may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impoundment animals and for assisting in the administration of rabies vaccination programs.
(2) The Village of Fall River does hereby delegate to any such animal control agency the authority to act pursuant to the provision of this Section.
(b) Impounding of Animals. In addition to any penalty hereinafter provided for a violation of this Chapter, A law enforcement or animal control officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Village, assaults or attacks any person, is at large within the Village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to impounded, the impounding officer must see or hear the violation of this Section or have in his possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.
(c) Claiming Animal; Disposal of Unclaimed Animals. After seizure of animals under this Section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three (3) public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his possession. If within seven
(7) days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the Animal Shelter for ten (10) days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board. No animal shall be released from the pound without being properly licensed if so required y state law or Village Ordinance.
(d) Sale of Impounded Animals. If the owner doesn’t reclaim the animal within seven (7) days, the animal control officer may sell the animal to any willing buyer.
(e) Village Not Liable for Impounding Animals. The Village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this Section.
Sec. 7-1-8 Duty of Owner in Case of Dog or Cat Bite.
Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Village Police Department and shall keep such dog or cat confined for not less than ten (10) days or for such period of time as directed. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or humane officer upon demand for examination.
Sec. 7-1-9 Pit Bulls and Other Dangerous Animals.
(a) Keeping of Animals Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the Village of Fall River:
(1) Any warm-blooded, carnivorous or omnivorous, wild or exotic animal including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats.
(2) Any animal having poisonous bites.
(3) Any pit bull dog provided that pit bull dogs registered with the Village on the day this Section becomes effective may be kept within the Village subject to the standards and requirements set forth in Subsection (b) of this Section. “Pit bull dog” as that term is used in this Section is defined to mean:
a. The Staffordshire bull terrier breed of dog;
b. The American pit bull terrier breed of dog;
c. The American Staffordshire terrier breed of dog;
d. Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Stafforshire terrier, or a combination of any of these breeds.
(b) Keeping of Registered Pit Bulls. The provisions of Subsection (a) are not applicable to owners, keepers or harbors of pit bull dogs registered with the Village of Fall River keeping, owning or harboring of such dogs is however subject to the following conditions:
(1) Leash and Muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leased with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, role or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal’s kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(2) Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel except when leashed and muzzled as provided in Subsection (b)(1). All pens or kennels shall comply with all zoning and building regulations of the Village and shall be kept in a clean and sanitary condition.
(3) Confinement Indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition.
(4) Signs. All owners, keepers or harborers of registered pit bull dogs within the Village shall within ten (10) days of the effective date of this Section display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(5) Insurance. All owners, keepers or harborers of registered pit bull dogs must within thirty (30) days of the effective date of this Section provide proof to the Clerk-Treasurer of public liability insurance in a single incident amount of Fifty Thousand Dollars ($50,000) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the Clerk-Treasurer.
(6) Registration. All owners, keepers or harborers of pit bull dogs shall within thirty (30) days after the effective date of this Section register said dog with the Village by filing with the Clerk-Treasurer two (2) color photographs of the dog clearly showing the color and approximate size of the dog.
(7) Reporting Requirements. All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of the incident, report the following information in writing to the Clerk-Treasurer:
a. The removal from the Village or death of a registered pit bull;
b. The birth of offspring of a registered pit bull dog;
c. The new address of a registered pit bull dog should the dog be moved within the Village of Fall River.
d. If the registered pit bull dog is sold, the name and address of the new owner.
(8) Animals Born of Registered Dogs. All offspring born of pit bull dogs registered within the Village must be removed from the Village within six (6) weeks after the birth of said animal.
(9) Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the Village to fail to comply with the requirements and conditions set forth in this Section.
Sec. 7-1-10 Animal Feces.
(a) Removal of Fecal Matter. The owner or person in charge of any dog, cat, horse, or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This Section shall not apply to a person who is visually or physically handicapped.
(b) Accumulation of Fecal Matter Prohibited on Private Yards. The owner or person in charge of the dog or cat must also prevent accumulation of animal waste on his own property by regularly patrolling and properly disposing of the fecal matter.
(c) Possession of Fecal Matter Removing Implements Required. Any person in possession of any dog, cat, horse, or other animal shall not be permitted to take the animal on any public street, sidewalk, park or other public property or private property unless said person has in his or her immediate possession such implements as are required to immediately remove any deposited fecal matter which the animal may produce. Implements required to immediately remove said fecal matter shall include, at a minimum, a bag or other appropriate containment device of some sort in which to physically and sanitarily contain said fecal matter.
Sec. 7-1-13 Prohibited and Protected Animals, Fowl, Reptiles and Insects; Farm Animals.
(a) Protected Animals.
(1) Possession and Sale of Protected Animals. It shall be unlawful for any person, to buy, within the Village any of the following animals, alive or dead, or any part of product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wold (canis niger), vicuna (vicugna vicugna), gray or timber wolf (canis lubus), sea otter (enhydra lutis), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas), Mexican ridley turtle (lepidochelys kempi).
(2) Compliance with Federal Regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designate by the United State Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
(3) Regulating the Importation of Certain Birds. No person, firm or corporation shall import or cause to be imported into this Village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This paragraph shall not be construed to forbid or restrict the important or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purpose or in the preservation of their tribal customs and heritage.
(b) Exceptions. The provisions of Subsection (a) above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a Scientific Collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
(c) Wild Animals; Prohibition on Keeping. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, and vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangers propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any of the following animals, reptiles or insects:
(1) All poisonous animals and reptiles including rear-fang snakes.
(2) Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutan (Pongo); ans siamangs (Symphalangus).
(3) Baboons (Papoi, Mandrillus).
(4) Bears (Ursidae).
(5) Bison (Bison).
(6) Cheetahs (Acinonyx jubatus).
(7) Crocodilians (Crocodilia), thirty (30) inches in length or more.
(8) Constrictor Snakes.
(9) Coyotes (Canis Latrans).
(10) Deer (Cervidae); includes all members of the deer family; for example, whitetailed deer, elk, antelope and moose.
(11) Elephants (Elephas and Loxodonta).
(13) Game cocks and other fighting birds.
(14) Hippopotami (Hippopotamidae).
(15) Hyenas (Hyaenidae).
(16) Jaguars (Panthera onca).
(17) Leopards (Panthera Pardus).
(18) Lions (Panthera leo).
(19) Lynxes (Lynx).
(20) Monkeys, old world (Cercopithecidae).
(21) Ostriches (Struthio).
(22) Pumas (Felis concolor); also known as cougars, mountain lions and panthers.
(23) Rhinoceroses (Rhinocero tidae).
(24) Sharks (class Chondrichthyes).
(25) Snow Leopard (Panthera uncia).
(26) Tigers (Panthera tigris).
(27) Wolves (Canis lupus).
(28) Poisonous insects.
(d) Exceptions; Pet Shops. The prohibitions of Subsection (c) above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; zoological gardens; if:
(1) Their location conforms to the provisions of the zoning ordinance of the Village.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odor.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(4) No person lives or resides within one hundred (100) feet of the quarters in which the animals are kept.
(e) Farm Animal; Miniature Pigs. No person shall bring into, keep or maintain in the Village any bees, wasps, hornets, poisonous snakes, horses, mules, ponies, donkeys, cattle, swine, goats, sheep, chickens, ducks, geese, rabbits [more than two (2)], or any animal being raised for fur bearing purposes or other wild animals unless otherwise permitted elsewhere in this Code of Ordinances. The prohibitions herein do not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs, shows or projects of the 4-H clubs, not including the raising of said animal; a display for judging purposes; an itinerant or transient carnival, circus or other like show; dog or cat shows or trials; public or private educational institutions. The prohibitions herein also do not apply to the keeping or maintaining of farm animals in areas zoned for agricultural purposes by the Village Board. For purposes of this Subsection, the term “swine” shall not include any miniature pigs of either sex weighing less than eighty (80) pounds which are intended for and kept as domestic pets.
Sec. 7-1-19 Limitation on Number of Dogs and Cats.
(a) Purpose. The keeping of a large number of dogs and cats within the Village of Fall River for a considerable period of time detracts from and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs and cats is, therefore, declared a public nuisance.
(b) Number Limited.
(1) No person or family shall own, harbor or keep in its possession more than a total of three (3) dogs and/or cats in any residential unit without the prior issuance of a kennel license by the Village Board except that a litter of pups or kittens or a portion of a litter may be kept for not more than ten (10) weeks from birth.
(2) The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to Section 7-1-3(b). Such application for waiver shall first be made to the Village Clerk-Treasurer.
Sec. 10-1-36 Winter Parking.
When signs have been erected at the corporate limits of the Village as provided in Sec. 349.13, Wis. Stats., no person shall park or leave standing on any Village street any vehicle between 2:00 a.m. and 6:00 a.m. on any day from November 1 to April 1, except physicians on emergency calls. In addition to the issuance of citations, Village police officers shall have the authority to tow to a designated place, or a place where parking is permitted, any vehicle parked in violation of this Section when such vehicle interferes with the removal of snow. Actual charges of such towing and removal shall be assessed against the driver or party responsible for the violation.
Sec. 10-5-8 Junked Vehicles and Appliances on Private Property.
(a) Storage of Automobiles Restricted. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, vehicle parts or tires, or appliances shall be stored upon private residential property or unenclosed within a building upon nonresidential property within the Village of Fall River for a period exceeding ten (10) days unless it is in connection with an authorized business enterprise located in a property zoned area maintained in such a manner as to not constitute a public nuisance.
(1) The term “disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors, trailers” as used in this Section is defined as follows: motor vehicles, recreational 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 due to missing inoperative parts, flat or removed tires, expired or missing license plates or other defects.
(2) The term “unlicensed-motor vehicles, truck bodies, tractor or trailers” as used in this Chapter is defined as follows: motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.
(3) The term “motor vehicle” is defined in Sec. 340.01 (35), Wis. Stats.
(4) The term “inoperable appliance” is defined as any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.
(c) Exceptions. This Section shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and in a non-nuisance manner in a properly zoned area when necessary to the operation of such business, enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers, provided such vehicles are stored in compliance with the ordinances of the Village. Also excepted are motor vehicles registered pursuant to Sections 341.265 and 341.266, Wis. Stats., In other situations the Village Board may issue temporary permits permitting an extension of not to exceed an additional thirty (30) days’ time to comply with this Section where exceptional facts and circumstances warrant such extension.
(1) Whenever the Police Department shall find any vehicles, vehicle parts or tires, or appliances, as described herein, placed or stored in the open upon private property within the Village, they shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this Section. If said vehicles, part thereof or appliance is not removed within five (5) days, the Police Department shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.
(2) If such vehicle or appliance is not removed within twenty (20) days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in Sections 10-5-3 through 10-5-6 by the Chief of Police or his duly authorized representative. 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 Section 1-1-6. Each motor vehicle or appliance involved shall constitute a separate offense.
State Law Reference: Sec. 342.40, Wis. Stats.