Chapter 9.60
ABANDONED AND JUNKED MOTOR VEHICLES
Sections:
9.60.020 Public agency designated.
9.60.010 Abandoned vehicles.
(A) For the purpose of this section, abandoned/junk vehicle shall be defined as a motor vehicle, or a part or parts of a motor vehicle, which meets any one of the following criteria:
(1) It does not carry current state registration (license plates) or is improperly licensed;
(2) It does not have current insurance;
(3) It cannot be safely operated under its own power;
(4) It is missing major components (i.e., doors, fenders, glass, tire(s); it is heavily damaged or unsightly (as per the discretion of the police officer/code enforcement officer);
(5) Vehicle must be operational, meaning the vehicle’s tires must be inflated; it must start without the owner having to raise the hood; it must be able to move forward and backward under its own power and the vehicle’s windows must be operable and intact, being capable of closing and not have fractures that block the driver’s view;
(6) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
(B) No person or persons shall maintain an abandoned vehicle, vehicles, or parts thereof, on property within the town, except a licensed junkyard, exposed to public view, for a period of more than five days.
(C) Personnel investigating an abandoned/junk vehicle may request of the registered owner/responsible party, that the vehicle be started or moved in their presence to ensure compliance and also provide proof of insurance upon request.
(D) Any vehicle meeting this criteria will have affixed to it, in a prominent place, a sticker indicating the vehicle is considered abandoned and the registered owner/responsible party has five days to meet compliance, or the vehicle will be impounded.
(E) The vehicle may be removed immediately should the vehicle be considered a hazard or leaking fluids.
(F) Procedure. When a police officer/code enforcement officer observes a vehicle they believe to be abandoned or a junk vehicle under this chapter, the police officer/code enforcement officer may place a five-day sticker on the vehicle to notify the vehicle’s owner that the vehicle may be towed.
The owner then has five days to contact the police department/code enforcement department at (219) 838-1080 to prove that the vehicle is operational.
If the vehicle is not proven to be operable within the five-day period, the officer will contact a local towing service to have it removed from the property (even if the sticker has been removed). This includes vehicles parked on private property when the vehicle is viewable to the public.
The vehicle owner, in order to retain the vehicle after the five-day period in a noncompliant state, must move the vehicle into an enclosed building or garage where it is not viewable from the public. Covering the vehicle with a tarp, car cover or cloth is not acceptable and will not protect the vehicle from being removed from the property by the police.
If a vehicle is tagged incorrectly and is actually operational (this may occur occasionally when a vehicle has not moved for an extended period of time), the responsible party shall not remove the tag; contact the police department/code enforcement department to advise the vehicle is actually in compliance. The police officer/code enforcement officer will remove the tag upon verifying compliance. [Ord. 1045, 1996; Ord. 1506 § 1, 2012. Code 1983 § 10-4; Code 2000 § 90.01].
Penalty, see HMC 1.05.170.
9.60.020 Public agency designated.
The police department is hereby designated as the “public agency” within the meaning of IC 9-22-1-3, as amended. [Ord. 1506 § 2, 2012. Code 1983 § 12-66; Code 2000 § 90.02].
Statutory reference: Removal and disposal of abandoned vehicles, see IC 9-22-1-1 et seq.
9.60.030 Penalty.
(A) Except as otherwise provided, any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violations bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.
(B) If such person, entity or organization shall violate any provisions of this chapter and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violation shall be construed as justifiable offenses, and upon conviction or a finding of liable, shall be subject to a fine of not less than $100.00, and no more than $2,500 per violation. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. [Ord. 1473 § 1, 2010; Ord. 1506 § 3, 2012. Code 2000 § 90.03].