§ 95.052 REMOVAL PROCEDURES ON PUBLIC AND PRIVATE PROPERTY.
   (A)   Public property.
      (1)   Whenever the Chief of Police or the Chief’s designee shall find such vehicle placed or stored in the open upon a public highway, alley or thoroughfare, or other public property, within the city, the Chief shall issue an order to the owner of such vehicle, if known, to remove such vehicle immediately, if an emergency is determined, or within 24 hours.
      (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 immediately under an emergency situation or within 24 hours after such notice, the Chief of Police or the Chief’s designee 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 by the owner, operator, or authorized representative of same, of the fees charged for towing and storage, or upon order of the Chief or the Chief’s designee or upon the direction of the Board of Public Works and Safety or upon the order of the Whitley Circuit or Superior Court.
      (5)   The form of all notices shall be issued pursuant to the provisions of I.C. 9-22-1 et seq.
   (B)   Private property.
      (1)   Whenever the Chief of Police or the Chief’s designee shall find such vehicle placed or stored in the open upon private property, within the city, the Chief 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 et seq.
      (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 or the Chief’s designee, or upon direction of the Board of Public Works and Safety or upon order of the Whitley Circuit or Superior Court.
(Ord. 2014-26, passed 12-9-2014; Am. Ord. 2016-19, passed 11-22-2016)