(A) The provisions of I.C. 9-13-2-1 and 9-22-1-1 et seq., including any amendments thereto, are declared to be in full force and effect for the town and those provisions of the law are incorporated herein by reference.
(B) All provisions of this chapter, which shall become a part of the town code of ordinances (hereinafter referred to from time to time for convenience sake as the code), shall be in conformance with and not in conflict with the aforementioned sections of the Indiana Code. Any provision(s) found to be in conflict with the Indiana Code shall be deemed amended to conform to the statute. This chapter is passed pursuant to I.C. 9-22-1-1 through 9-22-1-32 for the purpose of facilitating the removal and disposition of abandoned vehicles in the town.
(C) To the extent possible under law, any future amendment(s) and/or recodification(s) of any statute(s), regulation(s), and/or code(s) referenced and/or cited in this chapter shall be adopted by the passage of this chapter, or any amendment(s) thereto, and the chapter may be amended, without further action, to reflect a change(s) in the citation(s) to the statute(s), regulation(s), and/or code(s) when the updates are appropriate, provided that the amendment(s) does not alter the purpose of this chapter.
(Ord. 3-2000, passed 11-6-2000)
(A) The Police Department, in conjunction with the Town Clerk-Treasurer, are hereby authorized to develop and implement a system for calling wreckers to tow vehicles which are not removed by owner’s direction or pursuant to other contract or agreement. The Police Department, in conjunction with the Town Clerk-Treasurer, shall be authorized to establish charges allowed for the towing and storage of vehicles, and the allowed charges, and any subsequent changes thereto, shall be filed with the Bureau pursuant to I.C. 9-22-1-30. The allowed charges shall be reasonable in light of all circumstances. The Police Department shall not have any vehicle towed until the time that allowed charges are established and filed with the Bureau as outlined herein.
(B) Any wreckers agreeing to tow and store vehicles pursuant to this chapter and I.C. 9-22-1-1 etseq. shall agree and acknowledge that the town is not responsible for payment for towing or storage, and that the wreckers are to be paid by the owners or lien holders in the event that the vehicle is released to the owner or lien holder pursuant to I.C. 9-22-1-8 (pursuant to the allowed charges filed with the Bureau), or paid by the Bureau in the event that the vehicle is sold pursuant to I.C. 9-22-1-23. Any wreckers agreeing to tow and store vehicles shall agree that any charges in excess of the charges allowed and paid by the owner, lien holder, or Bureau shall not be the responsibility of the town.
(Ord. 3-2000, passed 11-6-2000)
(A) This section is to provide assistance to the officers of the Police Department, which shall include the Town Marshal/Police Chief (hereinafter from time to time referred to for convenience sake as officers) in carrying out the requirements of I.C. 9-22-1-1 et seq., including any amendments thereto.
(B) The Town Marshal/Police Chief of the town shall make available to officers a notice tag which complies with the requirements set forth in I.C. 9-22-1-11, and any future amendments thereto.
(C) After an abandoned vehicle or parts have been tagged pursuant to I.C. 9-22-1-11 and is not removed within the statutorily-provided period, the officer shall comply with all report and photographing requirements, and shall arrange for the removal of the vehicle pursuant to I.C. 9-22-1. The Town Marshal may, but is not required to, have the officer complete an affidavit of compliance to be placed with and maintained with the reports and other information required to be maintained by the Hagerstown Police Department by I.C. 9-22-1. The affidavit of compliance, if completed, shall contain the following information:
(1) That the officer believed the vehicle to be an abandoned vehicle;
(2) That the officer complied with the requirements of I.C. 9-22-1-1l;
(3) That, if applicable, the officer’s opinion is that the market value of the vehicle is less than the amount established in this chapter; and
(4) That the officer has prepared the written report and taken the necessary photographs required by I.C. 9-22-1.
(D) After the removal of an abandoned vehicle to a storage area pursuant to I.C. 9-22-1, and within the time frame required therein, the Police Department shall prepare and forward to the Bureau an abandoned vehicle report in compliance with the chapter.
(E) Officers of the Police Department shall complete any and all necessary reports required by I.C. 9-22-1, and shall take necessary photographs as required by the statutory sections, and the reports and photographs shall be maintained and preserved on file by the Police Department in compliance with the time frames set forth in the statutory sections, and copies of the reports and photographs shall be forwarded to the appropriate agency or agencies as required by the statutory sections, including, but not limited to, the Indiana Bureau of Motor Vehicles.
(F) The Police Department shall cooperate with and assist the Indiana Bureau of Motor Vehicles in carrying out the Bureau’s responsibilities and duties in regards to I.C. 9-22-1.
(G) The town establishes, pursuant to I.C. 9-22-1-30, that the means for disposition of vehicles shall be pursuant to I.C. 9-22-1-23, in that the Bureau shall be responsible for selling the vehicle or parts in the event that the owner or lien holder does not appear within the statutorily-allotted time frame after the Bureau mails the appropriate notice.
(Ord. 3-2000, passed 11-6-2000)
Loading...