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(A) As used in this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(a) A vehicle located on public property illegally;
(b) A vehicle left on public property without being moved for 3 days;
(c) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way;
(d) 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;
(e) 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;
(f) 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;
(g) A vehicle that is at least 3 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; or
(h) Any other definition that may be adopted by the Indiana State Legislature by amending, repealing, recodifying and/or replacing I.C. 9-13-2-1 (defining “abandoned vehicle”).
DEPARTMENT. The City Police Department.
BUREAU. The Indiana Bureau of Motor Vehicles.
HEARING OFFICER. The Equal Opportunity Officer or other designated city employee.
MECHANICALLY INOPERABLE. A vehicle from which there has been removed the engine, transmission or differential, or that is otherwise partially dismantled or that is not mechanically fit or able to be driven upon the public streets under its own internal power system.
(B) Other terms appearing in this chapter that are contained in I.C. 9-13-2 are adopted by reference as if fully set out herein.
(1979 Code, § 95.25) (Ord. 3488, passed 10-17-1983; Am. Ord. 4788, passed 12-8-2003)
The Police Department of the city is designated and assigned as the public agency with local responsibility for the removal, storage and disposal of abandoned vehicles and vehicles’ parts within the corporate limits of the city, pursuant to I.C. 9-22-1 as amended. The Department is granted all powers reasonable and necessary for the performance of its responsibilities under this chapter.
(1979 Code, § 95.26) (Ord. 3488, passed 10-17-1983)
(A) There is created the Abandoned Vehicle Fund which shall be a revolving fund, and all monies paid to the city for the cost of removal, storage and disposal of abandoned vehicles shall be placed in the fund and in no other place. Monies in existing accounts designated for the removal, storage and disposal of abandoned or junk vehicles under previously enacted ordinances shall be transferred to the abandoned vehicle fund created herein. The Fund shall also have added to it such monies as may be appropriated by the Council.
(B) The costs of removal and storage of an abandoned vehicle or parts not claimed by the owner or lienholder shall be paid from the Abandoned Vehicle Fund. The proceeds of sale of an abandoned vehicle or parts by the Police Department in accordance with § 95.065(B) and (C) shall be credited against all costs and shall be incident to the removal, storage and disposal of the vehicle. All monies remaining in the fund at the end of each year shall remain in the Fund and shall not revert to the General Fund.
(C) The monies in the fund shall be expended and used only for the purposes enumerated in I.C. 9-22-1, providing for the disposal of abandoned vehicles.
(1979 Code, § 95.27) (Ord. 3488, passed 10-17-1983)
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