For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) Includes any of the following:
(a) A vehicle located on public property illegally;
(b) A vehicle left on public property continuously without being moved for three 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 the person in control of the 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 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
(g) A vehicle that is at least three model years old, is mechanically inoperable, and is left on private property continuously for more than 20 days in a location visible from public property.
(2) A vehicle which does not bear a current valid license plate and is continuously left on private property in view of the public for more than 20 days shall be prima facie evidence that the vehicle is mechanically inoperable.
(3) A vehicle is not considered to be abandoned if it is housed in a garage or other building, is contained in a fenced area which blocks the vehicle from public view, or is under a secure car cover for less than 90 days in the aggregate (the tacking of subsequent 90 day or less periods so that the aggregate amount of time the car has been covered exceeds 90 days shall not be permitted).
(4) A vehicle otherwise fitting within the definition of abandoned vehicle shall not be considered an abandoned vehicle if it is:
(a) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways;
(b) A vehicle stored as property of a member of the armed forces of the United States who is on active duty assignment;
(c) A vehicle located on a vehicle sale lot;
(d) A vehicle located upon property licensed or zoned as an automobile scrap yard; or
(e) A vehicle registered and licensed under I.C. 9-18-12 (before its expiration) as an antique vehicle.
VEHICLE. An automobile, motorcycle, truck, trailer, semi-trailer, tractor, bus, school bus, recreational vehicle or motorized bicycle.
(Ord. 656, passed 3-25-2002; Ord. 677, passed 6-23-2003)
Editor’s note:
I.C. 9-18 expired 12-31-2016 by P.L.198-2016, Sec. 262.