City of Oak Creek

Common Council Report

Meeting Date:  10/4/05

Item No.:          3

Recommendation:  That the Common Council consider adopting Ordinance No. 2371 regarding junked motor vehicles. 

Background:  At the Common Council meeting of September 21, 2005, there was a lengthy discussion held regarding revisions to the junked motor vehicle ordinance.  Attached is a copy of the report prepared for that meeting.  The changes that were being proposed to the junked motor vehicle ordinance were rather minimal.  The proposed changes cleared up an inconsistency in the existing penalty section.  There was a cross reference to a section that provided penalties for bicycle violations which was a mistake.  There was a cross reference to Chapter 347 as to a good and safe operating condition of a vehicle and the parts that are required on a vehicle.  These provisions are already state law.  The only substantive change to the junked motor vehicle ordinance was listing unregistered vehicles as being junked motor vehicles.  This is a common practice for most municipalities.

At the meeting there was a discussion regarding a City of Milwaukee ordinance which allows the City to tow motor vehicles from private properties after notice and an opportunity for a hearing to the owner of the premises or the owner of the junked motor vehicle.  Ordinance 2371, Option 2 is patterned after the City of Milwaukee ordinance.  I am enclosing a copy of a brochure from the City of Milwaukee, Department of Neighborhood Services regarding dealing with nuisance vehicles and a copy of the Milwaukee Ordinance, as well as the version that has been prepared for the Common Council’s consideration identified as Option 2.  The only significant changes to the City of Milwaukee Ordinance are that we have retained the definitions of a junked motor vehicle that exist in the Oak Creek Code and have lengthened the time within which a property owner may appeal a determination that a vehicle is a junked motor vehicle. 

There was considerable discussion about how someone, who has a junked motor vehicle can keep it on his property in order to avoid a violation for having a junked motor vehicle.  Currently Section 10.65(c)1 provides that it is not a violation if the junked motor vehicle is “stored in a structure or building”.  Apparently an issue has arisen as to whether or not a vehicle that is stored behind a fence is in compliance with the code.  Staff’s view is that putting up a fence in front of a junked motor vehicle does not comply with the spirit of the ordinance if the junked motor vehicle remains visible from public view.  Therefore, option 1a of ordinance 2371 retains the existing code provisions regarding junked motor vehicles with the changes that were proposed at the September 21st meeting, but adds a clarification with regarding to the issue of storing junked motor vehicles behind a fence. 

Also enclosed for the Council’s review is a copy of the current section 10.65 so that the council can see the changes to the existing ordinance and what portions of the existing ordinance are left in tact.  Also, enclosed is a copy of Section 17.0405 which regulates the parking of cars, trucks and recreational vehicles in residential districts that was discussed.  As was discussed at the last Common Council meeting, this section was adopted after considerable debate and discussion.  Please note that at the September 21st meeting, Mark VerHalen suggested that there was a provision requiring registration of vehicles in that zoning code provision.  There is a provision in Section 17.0405(b)5 that recreational vehicles that require registration must be properly registered.  As discussed at the September 21st Common Council meeting a property owner under the existing ordinances can have as many cars on their property as they choose, as long as they are parked on a driveway and are not junked motor vehicles as defined in the Code.  If there are any questions or concerns in advance of the meeting, please advise.

The options available to the Common Council are to:

1. Leave the ordinance as it stands.

2. Adopt Ordinance No. 2371, option 1.

3. Adopt Ordinance No. 2371, option 1a.

4. Adopt Ordinance No. 2371, option 2.

5. Adopt some other revised version of section 10.65 of the Municipal Code.

Fiscal Impact:  The only potential fiscal impact is forfeitures that will be imposed as a result of junked motor vehicle violations.

Prepared by:

Lawrence J. Haskin

City Attorney

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk