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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 continuously without being moved for 24 hours.
(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 that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours.
(5) 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.
(6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an 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 after the vehicle's removal.
(7) A vehicle that is at least three model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 20 days. For purposes of this section, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
(8) A vehicle:
(a) That was repaired or stored at the request of the owner;
(b) That has not been claimed by the owner; and
(c) For which the reasonable value of the charges associated with the repair or storage remain unpaid more than 30 days after the date on which the repair work is completed or the vehicle is first stored.
AUTHORIZED TOWING SERVICE. A business that engages in moving or removing disabled vehicles, and, once removed, storing or impounding vehicles; and that has been requested by the Bedford Police Department to tow vehicles.
AUTOMOBILE SCRAPYARD. A business organized for the purpose of scrap metal processing, automobile wrecking, or operating a junkyard.
BUREAU. The Bureau of Motor Vehicles.
FISCAL BODY. The Common Council.
OFFICER. A member of the City Police Department, the Chief of Police, or the Chief of Police’s designee.
OWNER. The last known record titleholder of a vehicle, according to the records of the bureau under I.C. 9-17-2.
PARTS. All components of a vehicle that, as assembled, do not constitute a complete vehicle.
PRIVATE PROPERTY. All property other than public property.
PUBLIC PROPERTY. A public right-of-way, street, highway, alley, park, or other state, county, or municipal property.
VEHICLE. An automobile, motorcycle, truck, trailer, semi- trailer, tractor, bus, school bus, recreational vehicle, or motorized bicycle.
(Ord. 12-1984, passed 3-13-84; Am. Ord. 33-2006, passed 12-12-06; Am. Ord. 24-2022, passed 11-21-22)
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.
(E) A vehicle registered and licensed under I.C. 9-18-12 as an antique vehicle.
(I.C. 9-22-1-1) (Ord. 12-1984, passed 3-13-84)
(A) When an officer discovers a vehicle in the possession of a person other than the owner and the person cannot establish his right to the possession of that vehicle, the vehicle shall be taken to and stored in a suitable place determined by the officer. The Bureau 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 owner in accordance with I.C. 9-22-1-5.
(B) If the owner of the vehicle cannot be determined, the Bureau shall declare the vehicle abandoned and provide for its disposal in accordance with this chapter.
(C) If the properly identified owner or lienholder appears at the site of storage before disposal of the vehicle or parts and pays all proper costs incurred against it at that time, then the vehicle or parts shall be released. A copy of the release of the vehicle or parts shall be sent to the Bureau. The release must contain the owner or lienholder's signature, name, address, vehicle or parts description, costs, and date of release.
(D) If the vehicle is not released to the owner or lienholder, the Bureau shall declare the vehicle abandoned and provide for disposal in accordance with this chapter.
(I.C. 9-22-1-5) (Ord. 12-1984, passed 3-13-84)
(A) An officer who finds 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 owner will be held responsible for all costs incidental to the removal, storage, and disposal, and if not paid, the owner's registration privileges will be suspended on that car.
(5) That the owner may avoid costs by removal of the vehicle or parts within 72 hours.
(B) If the tagged vehicle or parts are not removed within that 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 that the market value is less than $100. Photographs shall be taken to describe the condition of the vehicle or parts.
(C) If, in the opinion of the officer, the market value of the abandoned vehicle or parts is less than $100, 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 Bureau. The Police Department shall retain the original records and photographs for at least two years.
(D) If, in the opinion of the officer, the market value of the abandoned vehicle or parts is $1,000 or more, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the owner or person 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. 9-22-1-11–9-22-1-14) (Ord. 12-1984, passed 3-13-84; Am. Ord. 7-2021, passed 4-19-21)
(A) Within three business days after removal of an abandoned vehicle to a storage area under this chapter, the Police Department shall conduct a search of national data bases, including a data base of vehicle identification numbers, to attempt to obtain the last state of record of the vehicle in order to attempt to ascertain the name and 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. 9-22-1-22.
(Ord. 12-1984, passed 3-13-84)
The maximum amount that an authorized towing service may charge for towing or removing a vehicle under this chapter shall not exceed $80, except where special equipment is required. The maximum amount that may be charged for storage shall not exceed $30 per day for outside storage and $40 per day for inside storage.
(Ord. 12-1984, passed 3-13-84; Am. Ord. 6-2021, passed 4-19-21)
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