(A) Purpose. Because of the danger to the health from harboring vermin, the danger of personal injury to children attracted by such vehicles, danger of fire by the storage of gasoline and oil thereon, any abandoned, unlicensed, inoperable, disassembled, wrecked or junked motor vehicle on any street or public property for more than 24 hours or upon any private property for more than 48 hours, except as hereinafter provided, is declared to be a nuisance and unlawful.
(B) Authority. The Police Department is designated as the “public agency” within the meaning of I.C. 9-13-2-1 and I.C. 9-22-1-3 which has the responsibility for the removal, storage and disposal of abandoned vehicles.
(C) “Abandoned vehicle” defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(a) A vehicle located on public property illegally, or a vehicle left on public property continuously without being moved, for more than 24 hours;
(b) 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;
(c) 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;
(d) A vehicle from which there has been removed the engine, transmission or differential or that is otherwise partially dismantled or inoperable and left on public property;
(e) A vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance if the vehicle once impounded is not claimed or redeemed by the owner or his or her agent within 20 days of its removal; or
(f) A vehicle that is at least three model years old and mechanically inoperable and is left on private property continuously in a location visible from public property for more than 20 days. A vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth or textile covering is still considered visible.
(D) Other definitions. All other terms defined in I.C. 9-22-1-1 et seq., as amended, are incorporated herein by reference.
(E) Application. This section does not apply to:
(1) A vehicle in operable condition specifically adapted or constructed for operation on privately-owned raceways;
(2) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;
(3) A vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility;
(4) A vehicle located upon property licensed or zoned as an automobile scrap yard; or
(5) A vehicle registered and licensed under I.C. 9-18.1 et seq., as an antique vehicle.
(F) Time limits. It shall be unlawful for any person to store or allow to remain in the open upon any public street, public property or private property within the city, any disassembled or inoperable and unlicensed, or any junked, wrecked or abandoned motor vehicle for a period of 24 hours or more on such public street or other public property, or for a period of 48 hours or more on any private property, unless it is in connection with an automotive sales or repair enterprise, which is operated under a duly issued and exhibited store license and is located in a properly zoned area.
(G) Public property.
(1) Whenever the Chief of Police, his or her designee, the City Building Commissioner and/or the City Director of Planning and Zoning shall find such vehicle placed or stored in the open upon a public highway, alley or thoroughfare, or other public property, within the city, he or she shall issue an order to the owner of such vehicle, if known, to remove such vehicle within three days.
(2) Notice of such order shall be given to such owner, if known, in writing, but if such owner shall be unknown, such written notice shall be placed in plain view upon the vehicle.
(3) If such vehicle is not removed within three days after such notice, the Chief of Police, his or her designee, the City Building Commissioner and/or the City Director of Planning and Zoning shall cause said vehicle to be removed by a junk or salvage yard or wrecker service, the cost and expense of such removal by a junk or salvage yard or by a wrecker service to be paid by the owner of the vehicle.
(4) Impounded vehicles shall be released either upon payment of the fees charged for towing and storage by the owner, operator or authorized representative of same, or upon order of the Chief of Police, his or her designee, the City Building Commissioner, the City Director of Planning and Zoning, or upon the order of the judge of the County Court.
(5) The form of all notices shall be issued pursuant to the provisions of I.C. 9-22-1-11.
(H) Private property.
(1) Whenever the Chief of Police, his or her designee, the Building Commissioner and/or the City Director of Planning and Zoning shall find such vehicle placed or stored in the open upon private property, within the city, he or she shall issue an order to the owner of such vehicle, if known, or the person who owns or controls the private property upon which such vehicle is placed or stored according to the procedures set forth in I.C. 9-22-1-11 through 9-22-1-14.
(2) Impounded vehicles shall be released either upon payment by the owner, operator or authorized representative of same, of the fees charged for towing and storage, or upon order of the Chief of Police, his or her designee, the City Building Commissioner, the City Director of Planning and Zoning or upon the order of the judge of the County Court.
(I) Enforcement.
(1) If such vehicle is not removed within three days after such notice, the Chief of Police, his or her designee and/or the City Building Commissioner and/or the City Director of Planning and Zoning in accordance with this chapter shall issue a written order in violation of §§ 152.01(F) and 152.08 of this code, which is subject to civil penalties of this chapter, and enforcement shall be by the City Attorney or his or her designee and appropriate action by the city’
(2) The form of all notices shall be issued pursuant to the provisions of I.C. 9-22-1-11.
(3) Any person who is judged to have violated the provisions of this chapter is subject to a fine of up to $500 in addition to towing and storage charges.
(4) All provisions and respective civil penalties are designed for enforcement through the County Circuit Court.
(J) Disposal and sale of abandoned vehicles.
(1) The provisions of I.C. 9-22-1-27 et seq. shall govern the disposition and sale of abandoned vehicles.
(2) The market value of an abandoned vehicle or vehicle parts below which an officer of the Police Department may dispose of the vehicle or parts pursuant to I.C. 9-22-1-1 et seq. is $500.
(K) Towing and storage charges of abandoned vehicles. An owner or lienholder who claims a vehicle impounded and declared abandoned by the city’s Police Department, the City Building Commissioner and/or the City Director of Planning and Zoning shall be charged a towing fee and a per day storage fee. The storage fee shall be allowed to accumulate for a maximum period of 60 days.
(L) “Junk” and “junk cars” defined. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JUNK. Any articles in any form composed of or consisting of any of the following enumerated secondhand, discarded, abandoned or cast-off metals or materials, namely, iron, brass, bronze, copper, tin, zinc, lead or any other metals or compounds thereof, broken glass, rags, clothing, rubber, plastics and synthetic substances and fabrics, bottles, papers, feathers or any other waste material or any compound or by-product of the foregoing enumerated materials. JUNK shall also include and mean, wrecked, abandoned or dismantled automobile or parts thereof.
JUNK CAR. Any motor vehicle which does not bear a currently valid license plate and is not kept in a garage or building.
(M) Junk and junk cars declared nuisances. Because of the danger of health by the harborage of vermin, pests, rodents, bugs and insects and because of the danger of the safety of children attracted by junk or junk cars, abandoned and junked motor vehicles are declared to be nuisances except in lawfully operated junk yards.
(N) Storage prohibited. It shall be unlawful for any person to store or to allow to remain in the open upon public or private property within the city, any disassembled and/or non-operative and unlicensed, or junked, wrecked or abandoned motor vehicle for a period of 24 hours or more on public property, or a period of 48 hours or more on private property unless it is in connection with an automobile sale or repair business.
(Ord. 2020-OR-05, passed 4-6-2020) Penalty, see § 152.99