CHAPTER 9.04:
ABANDONED VEHICLES
Section
9.04.040 Responsibility of owner
9.04.050 Vehicles in possession of person other than owner
9.04.070 Removal of abandoned vehicles
9.04.080 Disposal of abandoned vehicles
9.04.100 Liability for loss or damage
9.04.010 PURPOSE.
The Common Council finds that abandoned vehicles are a public nuisance and a safety and health hazard.
9.04.020 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ABANDONED VEHICLE.
(1) A vehicle located on public property illegally;
(2) A vehicle left on public property without being moved for three days;
(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicle traffic on a public right-of-way;
(4) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property;
(5) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours;
(6) A vehicle that has been removed by a towing service or the city upon request of an officer enforcing a statute or ordinance other than this chapter, if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 20 days of the vehicle’s removal; and
(7) A vehicle that is at least three model years old, mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 20 days.
(I.C. 9-13-2-1)
AUTOMOBILE SCRAPYARD. A business organized for the purpose of scrap metal processing, automobile wrecking, or operating a junkyard.
(I.C. 9-13-2-8)
BUREAU. The State Bureau of Motor Vehicles.
(I.C. 9-13-2-16)
FISCAL BODY. The Common Council.
(I.C. 9-13-2-63)
OFFICER. A member of the City Police Department or his or her designee.
(I.C. 9-22-1-2)
OWNER. The last known record titleholder of a vehicle, according to the records of the State Bureau under I.C. 9-17.
(I.C. 9-13-2-121(c))
PARTS. All components of a vehicle that, as assembled, do not constitute a complete vehicle.
(I.C. 9-13-2-122)
PRIVATE PROPERTY. All property other than public property.
(I.C. 9-13-2-136)
PUBLIC PROPERTY. A public right-of-way, street, highway, alley, park, or other state, county, or municipal property.
(I.C. 9-13-2-144)
TOWING SERVICE. A business that engages in moving or removing disabled vehicles and, once removed, stores or impounds vehicles.
(I.C. 9-13-2-179)
VEHICLE. An automobile, motorcycle, truck, trailer, semi-trailer, tractor, bus, school bus, recreational vehicle, or motorized bicycle.
(I.C. 9-13-2-196(d))
9.04.030 EXCEPTIONS.
This chapter does not apply to:
(A) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways;
(B) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;
(C) A vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility;
(D) A vehicle located upon property licensed or zoned as an automobile scrapyard; or
(E) A vehicle registered and licensed under I.C. 9-18-12 as an antique vehicle.
(I.C. 9-22-1-1)
9.04.040 RESPONSIBILITY OF OWNER.
The person who owns an abandoned vehicle or parts is responsible for the abandonment and is liable for all of the costs incidental to the removal, storage, and disposal of the vehicle or the parts under this chapter.
(I.C. 9-22-1-4)
9.04.050 VEHICLES IN POSSESSION OF PERSON OTHER THAN OWNER.
(A) When an officer discovers a vehicle in the possession of a person other than the person who owns the vehicle, and the person cannot establish the right to the possession of the vehicle, the vehicle shall be taken to and stored in a suitable place. The State Bureau of Motor Vehicles shall be notified within 72 hours of the location and description of the vehicle. Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the person who owns the vehicle.
(B) If the person who owns the vehicle cannot be determined by a search under § 9.04.080, the Bureau shall declare the vehicle abandoned and provide for its disposal in accordance with this chapter. (I.C. 9-22-1-7)
(C) If the properly identified person who owns or holds a lien on a vehicle appears at the site of storage before disposal of the vehicle or parts and pays all costs incurred against the vehicle or parts at that time, the vehicle or parts shall be released. The release must state the name, signature, and address of the person who owns or holds a lien on the vehicle, a description of the vehicle or parts, costs, and date of release. A towing operator shall notify the Bureau of all releases under this section.
(D) If the person who owns or holds a lien under division (C) of this section does not appear and pay all costs, the Bureau shall declare the vehicle abandoned and provide for disposal in accordance with this chapter.
(I.C. 9-22-1-10)
9.04.060 RENTAL PROPERTY.
(A) A person who finds a vehicle believed to be abandoned on the person’s rental property shall attach in a prominent place a notice tag containing the following information:
(1) The date, time, name, and address of the person who owns the rental property, and a telephone number to contact for information;
(2) That the vehicle is considered abandoned;
(3) That the vehicle will be removed after 72 hours;
(4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle; and
(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.
(I.C. 9-22-1-15)
(B) If, after 72 hours, the person who owns a vehicle believed to be abandoned on rental property has not removed the vehicle from the rental property, the person who owns the rental property may have the vehicle towed from the rental property. The towing operator shall do the following:
(1) Contact the Bureau of Motor Vehicles to obtain the name and address of the person who owns the vehicle; and
(2) Deliver, by certified mail, a copy of the information contained in the notice required under division (B) of this section to the person who owns of the vehicle. The notice required by this division (C)(2) must be given not later than five business days after the vehicle is removed.
(I.C. 9-22-1-16(a))
(C) Notwithstanding division (B) of this section, in an emergency situation, a vehicle may be removed immediately. As used in this section, EMERGENCY SITUATION means that the presence of the abandoned vehicle interferes physically with the conduct of normal business operations of the owner of the rental property or poses a threat to the safety or security of persons or property, or both. (I.C. 9-22-16(b))
(D) A towing operator who tows a vehicle under division (C) of this section shall give notice to the city and Bureau of Motor Vehicles that the abandoned vehicle is in the possession of the towing operator.
(I.C. 9-22-1-17)
9.04.070 REMOVAL OF ABANDONED VEHICLES.
(A) An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
(1) The date, time, officer’s name, City Police Department, and address and telephone number to contact for information;
(2) That the vehicle or parts are considered abandoned;
(3) That the vehicle or parts will be removed after 72 hours;
(4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle; and
(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.
(I.C. 9-22-1-11)
(B) If a vehicle or a part tagged under division (A) of this section is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts. Photographs shall be taken to describe the condition of the vehicle or parts.
(I.C. 9-22-1-12)
(C) If, in the opinion of the officer, the market value of an abandoned vehicle or parts determined under division (B) of this section is less than $500, the officer shall immediately dispose of the vehicle to an automobile scrapyard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the State Bureau of Motor Vehicles. The Police Department shall retain the original records and photographs for at least two years.
(I.C. 9-22-1-13)
(D) If, in the opinion of the officer, the market value of the abandoned vehicle or parts determined under division (B) of this section is at least $500, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts. After 72 hours, the officer shall require the vehicle or parts to be towed to a storage area.
(I.C. 9-22-1-14)
(E) Upon complaint of a person who owns or controls private property that a vehicle has been left on the property for at least 48 hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in divisions (A) through (D) of this section.
(I.C. 9-22-1-18)
9.04.080 DISPOSAL OF ABANDONED VEHICLES.
(A) (1) Within 72 hours after removal of an abandoned vehicle to a storage area under §§ 9.04.060 or 9.04.070, the Police Department, or storage lot shall prepare and forward to the State Bureau of Motor Vehicles an abandoned vehicle report containing a description of the vehicle, including the following information:
(a) The make;
(b) The model;
(c) The identification number; and
(d) The number of the license plate.
(2) The city or storage lot shall request that the Bureau advise the city or storage lot of the name and most recent mailing address of the person who owns or holds a lien on the vehicle.
(I.C. 9-22-1-19)
(B) The Bureau shall dispose of the vehicle in accordance with I.C. 9-22-1-20.
(C) The Bureau or city shall further advise the person who owns or holds a lien on the vehicle that all costs incurred in removing and storing the vehicle or parts are the person’s legal responsibility.
(I.C. 9-22-1-20)
9.04.090 TOWING CONTRACTS.
To facilitate the removal of abandoned vehicles or parts, the city may employ personnel; acquire equipment, property, and facilities; and enter into towing contracts for the removal, storage, and disposition of abandoned vehicles and parts.
(I.C. 9-22-1-31)
9.04.100 LIABILITY FOR LOSS OR DAMAGE.
The following are not liable for loss or damage to a vehicle or parts occurring during the removal, storage, or disposition of a vehicle or parts under this chapter:
(A) A person who owns, leases, or occupies property from which an abandoned vehicle or parts are removed;
(B) The city;
(C) A towing service; and
(D) An automobile scrapyard.
(I.C. 9-22-1-32)