(A) When the Town Marshal 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 possession of the vehicle, the vehicle shall be taken to and stored in a suitable place. The 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. If the person who owns a vehicle cannot be determined by a search, the Bureau shall declare the vehicle abandoned and provide for disposal. If the properly identified person who owns or holds a lien on a vehicle appears at the site or 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. If the person who owns or holds a lien does not appear and pay all costs, the Bureau shall declare the vehicle abandoned and provide for disposal.
(B) (1) When the Town Marshal finds or is notified of a vehicle or parts believed to be abandoned, he or she shall attach in a prominent place a notice tag containing the following information:
(a) The date, time, officer’s name, public agency and address and telephone number to contact for information;
(b) That the vehicle or parts are considered abandoned;
(c) That the vehicle or parts will be removed after 72 hours;
(d) 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
(e) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.
(2) If a vehicle or a part tagged is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report or 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. If, in the opinion of the Town Marshal, the market value of an abandoned vehicle or parts are less than $100, the Town Marshal shall immediately dispose of the vehicle to an automobile scrapyard. A copy of the abandoned vehicle shall be forwarded to the Bureau. The Town Marshal disposing of the vehicle shall retain the original records and photographs for at least two years. If, in the opinion of the Town Marshal, the market value of the abandoned vehicle or parts is at least $100, the Town Marshal, 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 Town Marshal shall require the vehicle or parts to be towed to a storage area.
(C) (1) 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:
(a) The date, time, name and address of the person who owns the rental property and a telephone number to contact for information;
(b) That the vehicle is considered abandoned;
(c) That the vehicle will be removed after 72 hours;
(d) 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
(e) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours.
(2) 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:
(a) Contact the Bureau of Motor Vehicles to obtain the name and address of the person who owns the vehicle; and
(b) Deliver, by certified mail, a copy of the information contained in the notice required to the person who owns the vehicle. The notice required by this division (C)(2)(b) must be given not later than five business days after the vehicle is removed.
(3) In an emergency situation, a vehicle may be removed immediately. As used in this division (C)(3), 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.
(D) 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, the Town Marshal shall follow the procedures set forth in division (B) above.
(Prior Code, § 90.05) (Ord. 9, passed 10-21-1997)
Statutory reference:
Similar provisions under state law, see I.C. 9-22-1