Ordinance NO. 346 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILMOT, SOUTH DAKOTA, THAT THE ORDINANES OF THE CITY OF WILMOT, BE AMENDED BY CREATING PROVISIONS FOR ABANDONED AND JUNKED MOTOR VEHICLES.
Ordinance NO. 346
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILMOT, SOUTH DAKOTA, THAT THE ORDINANES OF THE CITY OF WILMOT, BE AMENDED BY CREATING PROVISIONS FOR ABANDONED AND JUNKED MOTOR VEHICLES.
An Ordinance creating provision for Abandoned and Junked Motor Vehicles.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILMOT THAT THE ORDINANCES OF THE CITY OF WILMOT ARE AMENDED BY ADDING NEW CHAPTER 93 AS FOLLOWS:
§93.01 Definitions.
For the purposed of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE: Any motor vehicle which is left unattended on any public street or alley, in any public parking lot, or in any other public place for more than 24 consecutive hours.
JUNK/INOPERABLE MOTOR VEHICLES: Any motor vehicle which does not have lawfully affixed thereto unexpired license plates or which is wrecked, dismantled, partially dismantled to include removal of one or more tires and wheels, inoperable or discarded, or any motor vehicle with one or more broken window(s) or windshield(s), which constitutes an immediate health, safety, fire, or traffic hazard.
PRIVATE PROPERTY: Any real property within the city which is privately owned and which his not public property.
PUBLIC PROPERTY: Any street, alley, or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and also means any other publicly owned property or facility.
REMOVAL AGENCY: Any public body, private, or nonprofit organization authorized by the city to remove and salvage abandoned or inoperable vehicles.
VEHICLE: Any conveyance which is designed to travel along the ground or in the water and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, boats, campers and trailers.
§93.02 Nuisance declared.
A. The presence of an abandoned, discarded, wrecked, burned, dismantled, inoperable, junked, or partially dismantled vehicle or parts thereof on private or public property is hereby declared a public nuisance pursuant to SDCL §9-29-13, which may be abated as such in accordance with the provisions of this chapter.
B. It is unlawful to keep or place any of the vehicles or vehicle parts:
a. Upon public streets or property except on an emergency basis; or
b. Upon the private property of any person owning, in charge of, or in control of any real property within the City, whether as an owner, tenant, occupant, lessee, or otherwise, for longer than 14 days unless it is within a carport, fully enclosed building or structure. A tarpaulin, tent, or other similar temporary structure shall not be deemed to satisfy the requirements of this section.
C. In no event shall an inoperable vehicle that constitutes an imminent health, safety, or fire hazard be kept or located on any premises.
§93.03 Storing, parking or leaving on public property – Prohibited.
No person shall park, store, leave or permit the parking, storing, or leaving of any abandoned or junk motor vehicle of any kind, whether attended or not, upon any public property in the city.
§93.04 Storing, parking or leaving on public property – Removal.
Whenever a councilmember or city officer finds an abandoned motor vehicle or junk motor vehicle on public property, he or she shall place written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within 24 hours of the giving of notice. After the expiration of the 24-hour period, the vehicle may be removed by the removal agency to a garage or place of safety. Nothing in this section precludes the City from immediately removing a motor vehicle which causes obstruction or hazard to traffic.
§93.05 Presence on private property – Prohibited.
No person owning, in charge of, or in control of any real property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any abandoned or junk motor vehicle of any kind to remain on the property longer than 14 days.
§93.06 Presence on private property – Notice to remove.
Whenever it comes to the attention of the City Office that any person has an abandoned or junk motor vehicle on his or her property, a notice in writing shall be served by first class mail to the record owner of the property and such other of the persons referenced in §93.05 as can be ascertained, ordering the removal of such motor vehicle in the time specified in this chapter. The notice shall be deemed complete on the postmarked date for mailing to the last known address of the record owner. The notice shall contain the request for removal within 14 days after the postmarking of such notice, and the notice shall state that failure to comply with the notice to remove shall be a violation of this chapter.
§93.065 Appeals.
Any person aggrieved by an order issued pursuant to §3.05 through 93.08 may appeal such order to the City Council by submitting a written appeal within 10 calendar days of the date that the initial notice was mailed. Such written appeal must be submitted to the City Office. The appeal shall be heard at the next scheduled Regular Council Meeting.
Within 7 calendar days from the date the appeal is heard, the City Council, or his or her designee, will make a written determination regarding the appeal.
§93.07 Racing or antique vehicles.
No owner or occupant of private property shall have an uncovered motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways or an uncovered motor vehicle retained on private property for antique collection purposes, all as defined by §93.02
§93.08 Removal by City - Notice to owner.
A. Towing by removal agency. The City Office may abate the nuisance by causing the motor vehicle to be towed from the property by a removal agency. The City Office shall then notify, by first class mail, the registered owner, and if encumbered, the lienholder, of the removal, storage and present location of any motor vehicle removed under the provisions of this chapter and that the vehicle can be recovered by payment of costs incident to its removal and storage.
B. Disposal. Additionally, the City Office may abate the nuisance by removing the junk motor vehicle or parts thereof and disposing of them.
C. Cost. The City may defray the cost of abating the public nuisance, including administrative costs, by taxing the cost thereof by special assessment against the real property on which the nuisance occurred. Administrative costs shall be set by resolution and are applicable to any public nuisance that is abated by the City or its designee.
§93.09 Disposition of unclaimed vehicles.
The removal agency shall have the rights and obligations conferred upon it by SDCL ch 32-36 in regard to titling or disposition of the unclaimed abandoned or inoperable vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions of this chapter for the costs or reasonable charges in taking custody of and storing those vehicles.
§93.10 Modification of State Law.
For the purposes of this chapter, SDCL 32-30-12 is modified to read as follows:
Whenever any vehicle is left unattended on any public road, highway, or highway right-of-way of this state, for a longer period than 24 hours, without notifying the sheriff or highway patrol office of the county or a peace officer of the municipality where the vehicle is parked, it shall be deemed to be an abandoned vehicle and subject to the provisions of SDCL 32-30-13 through 32-30-18, inclusive, or in the alternative, the City may elect to proceed subject to the provisions of SDCL 32-36-2 through 32-36-10, inclusive, as if the abandoned vehicles as defined herein were included in SDCL 32-36-2, Definition of Terms.
§93.11 Violation – Penalty.
In addition to the abatement remedies provided in this chapter, any person violating any provision of this chapter shall be subject to the general penalty provision as set forth in §10.99 of the code.
Zachery Zempel, Mayor
ATTEST:
Diana Halseide, Finance Officer
Ayes: Nayes: Absent:
1st Reading: July 13, 2026
2nd Reading: August 10, 2026
Approved and Adopted: August 10, 2026
Published: August 19, 2026
