If an ordinance specifically regulating liquid manure pipes and pipelines is adopted, those pipes and pipelines would be permitted under the pipe and pipeline ordinance rather than as a privilege in a highway as set forth in 66.0425: Granting privileges on highway; resolution [ss. 66.0425 and 86.07, Wis. stats.]. If the town has adopted a Road Use and Motor Vehicle Control Ordinance using 66.0425: Road use and motor vehicle control ordinance [ss. 66.0425, 82.03, 86.07, 349.06, and 349.065, Wis. stats.], consider adding to the ordinance the optional Section VI, Subsection N, contained in that form. The following statutes affect this form: s. 86.30, Wis. stats. Note: Information about general transportation aids is available at the Department of Transportation website at the following address:
The following statutes affect this form: s. 86.31, Wis. stats. Note: Information about the local roads improvement program is available at the Department of Transportation website at the following address:
The following statutes affect this form: s. 175.25, Wis. stats. (ONLY for use by towns authorized to exercise VILLAGE POWERS under s. 60.22, Wis. stats.) STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, pursuant to s. 175.25, Wis. stats. and the town’s village powers, issues a Junked Vehicle Permit to ________ ________, the permittee, at ________________ [address], as owner of the real property subject to this permit. This permit, effective on ________ ___, 20__, and terminating on ________ ___, 20__, unless sooner revoked or suspended, authorizes the owner ONLY to accumulate and store up to the following number of junked vehicles, by the following described storage method, at the below-noted real property location: [state vehicle quantity, method for storage, and legal description of real estate subject to this permit]. This permit, as issued, is not transferable and is revocable or can be suspended upon proper complaint and timely service upon the permittee by the Town Board of the Town of ________, after a class 1 notice of a public hearing, under ch. 985, Wis. stats., if the town board determines in writing after the public hearing that the permittee has failed or refused to comply with the appropriate Town of ________ or ________ County ordinances, or applicable state statutes or administrative rules, or has failed or refused to comply with the following specific restrictions or conditions regulating the accumulation and storage of junked vehicles in the Town of ________: [state specific conditions or restrictions]. Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
The following statutes affect this form: s. 175.25, Wis. stats. (ONLY for use by towns authorized to exercise VILLAGE POWERS under s. 60.22, Wis. stats.) STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Junked Vehicle Ordinance. The purpose of this ordinance is for the Town of ________ to regulate by permit and penalty the storing of certain junked vehicles in the Town of ________.
SECTION II – AUTHORITY
The Town Board of the Town of ________ has the specific authority under s. 175.25, Wis. stats., and general authority under its village powers under s. 60.22, Wis. stats., to adopt this ordinance. SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by permit of storage of certain junked vehicles in the town.
SECTION IV – DEFINITIONS
A. “Junked vehicle” means any inoperable, ruined, dismantled, or wrecked vehicle, in whole or in part, including any vehicle in the possession of a motor vehicle salvage dealer for wrecking, processing, scrapping, recycling, or dismantling purposes. For purposes of this ordinance, a motor vehicle is rebuttably presumed to be inoperable if it is not moved for a period of ____ consecutive days. Demonstrating to the town board or its representative that the motor vehicle can be moved from its location under its own power conclusively rebuts the presumption.
B. “Junked vehicle parts” means parts from a junked vehicle.
C. “Motor vehicle,” except when included in the terms “motor vehicle dealer” or “motor vehicle salvage dealer,” means a vehicle that was, at the time of its manufacture, self-propelled.
C. “Motor vehicle dealer” has the meaning given in s. 218.0101 (23), Wis. stats. D. “Motor vehicle salvage dealer” means a person who purchases and resells vehicles for wrecking, processing, scrapping, recycling, or dismantling purposes or who carries on or conducts the business of wrecking, processing, scrapping, or dismantling motor vehicles or selling parts of motor vehicles so processed, including a motor vehicle salvage dealer who sells no vehicles or vehicle parts and whose business is limited to a fixed location at which machinery and equipment are utilized for the processing and manufacturing of iron, steel, or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metal scrap for sale for remelting purposes.
E. “Person” means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
F. “Town” means the Town of ________, ________, County, Wisconsin.
G. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board.
H. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
I. “Vehicle” means every device in, upon, or by which any person or property is or may be transported. “Vehicle” includes, but is not limited to, all of the following:
1. “Aircraft” as defined in s. 29.001 (16), Wis. stats. 2. “All-terrain vehicles” as defined in s. 340.01 (2g), Wis. stats. 3. “Antique vehicles” as described in s. 341.265, Wis. stats. 4. “Automobiles” as defined in s. 340.01 (4), Wis. stats. 6. “Camping trailers” as defined in s. 340.01 (6m), Wis. stats. 7. “Farm equipment” as defined in s. 100.47 (1), Wis. stats. 8. “Farm tractors” as defined in s. 340.01 (16), Wis. stats. 9. “Hobbyist or homemade vehicles” as defined in s. 341.268, Wis. stats. 10. “Junk vehicles” as defined in s. 340.01 (25j), Wis. stats. 11. “Implements of husbandry” as defined in s. 340.01 (24), Wis. stats. 12. “Manufactured homes” as defined in s. 101.91 (2), Wis. stats. 13. “Mobile homes” as defined in s. 340.01 (29), Wis. stats. 15. “Motor bicycles” as defined in s. 340.01 (30), Wis. stats. 16. “Motor buses” as defined in s. 340.01 (31), Wis. stats. 17. “Motor homes” as defined in s. 340.01 (33m), Wis. stats. 18. “Motor trucks” as defined in s. 340.01 (34), Wis. stats. 19. “Motorcycles” as defined in s. 340.01 (32), Wis. stats. 20. “Railroad trains” as defined in s. 340.01 (48), Wis. stats. 21. “Recreational vehicles” as defined in s. 340.01 (48r), Wis. stats. 22. “Road machinery” as defined in s. 340.01 (52), Wis. stats. 23. “Road tractors” as defined in s. 340.01 (53), Wis. stats. 24. “Salvage vehicles” as defined in s. 340.01 (55g), Wis. stats. 25. “School buses” as defined in s. 340.01 (56), Wis. stats. 26. “Semi trailers” as defined in s. 340.01 (57), Wis. stats. 27. “Snowmobiles” as defined in s. 340.01 (58), Wis. stats. 28. “Special interest vehicles” as defined in s. 341.266, Wis. stats. 29. “Trailers” as defined in s. 340.01 (71), Wis. stats. 30. “Truck tractors” as defined in s. 340.01 (73), Wis. stats. 31. Unlicensed demolition motor vehicles and unlicensed racing motor vehicles.
32. Golf carts, garden tractors, riding lawn mowers, and other motorized tractors, motorized carts, and motorized utility vehicles that require no registration or licensure by the State of Wisconsin.
J. “Wis. stats.” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION V – SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI – COVERAGE
A. No person may accumulate, store, or otherwise keep, or allow to be accumulated, stored, or otherwise kept on real estate owned or leased by the person, [any or not more than ___ here designate the maximum number of junked cars to be kept on a property in the town with a permit] junked vehicles or junked vehicle parts outside of any building on any real estate located within the town without obtaining a junked vehicle permit from the town board.
A. No person may accumulate, store, or otherwise keep any junked vehicle or junked vehicle parts within 500 feet of the center line of any town highway in the town, or within 750 feet of the center line of any county trunk, state trunk, or federal highway without obtaining a junked vehicle permit from the town board.
B. The fee for issuance of a junked vehicle permit shall be established by resolution of the town board at not less than $_____ nor more than $_____ per permit. The fees shall be established annually by the town board prior to ________. The term of the permit shall be from the date of the year of issue to June 30 of the next year. The permit shall be issued by the town board prior to any person accumulating or storing any junked vehicle or junked vehicle parts in the town subject to this ordinance.
SECTION VII – APPLICATION/PERMIT
The application and permit shall designate the legal premises in the town subject to the permit. The permit may be amended without charge if the permittee changes premises in the town. However, the permit is not transferable from one person to another. The application and permit shall contain the following:
A. The name of the applicant, any agent of applicant, and the owner of the premises, if different from the applicant.
B. The address of the premises.
C. The premises’ telephone number, if any, and the residential telephone number of the applicant if different from the premises’ telephone number, the business and residential telephone number of any agent, and the business and residential telephone number of the owner of the premises, if different from the applicant.
D. The age of the applicant and of the owner of the premises, if different from the applicant.
E. The legal description of the premises.
F. The manner, if any, of storing and transporting junked vehicles and junked vehicle parts.
G. The projected number of junked vehicles or junked vehicle parts projected to be stored, accumulated, or otherwise kept on the premises and the projected number of years of accumulation, storage, and removal of the junked vehicles and junked vehicle parts.
