The city intends that this chapter shall not conflict with any provision of Indiana law or regulation, and if Indiana statutes or regulations are amended, to conflict with any provision in this chapter, then this chapter shall be considered amended, to comply with the amendments to statutes or regulations.
(Ord. 2004-10, passed 7-20-04)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDONED." When used in conjunction with the term "VEHICLE":
(1) Any vehicle or parts located on public property illegally.
(2) Any vehicle which is parked or located on public property continuously without being moved for a period of three days, except next to the primary residence of the owner;
(3) Any vehicle or parts located on public property in a manner as to constitute a hazard or obstruction to the movement of vehicular or pedestrian traffic on a public right-of-way.
(4) A vehicle or parts which has remained on private property without the consent of the owner for more than 48 hours.
(5) 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.
(6) A vehicle that has been removed by an authorized towing service or public agency upon request of an officer enforcing a statute or 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.
(7) A vehicle that is at least three 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.
"BUREAU." The Bureau of Motor Vehicles of the state.
"DISPOSAL AGENT." Any firm or individual engaged in the business of converting vehicles and parts of vehicles into scrap metal or dismantling vehicles for the benefit of their reusable component parts.
"OFFICER." Any duly sworn law enforcement officer with jurisdiction within the corporate limits of the city, which shall include, but is not limited to members of the Police Department.
"OWNER." The last known record titleholder to a vehicle, according to the records of the Bureau of Motor Vehicles of the state.
"PARTS." All components of a vehicle that, as assembled, do not constitute a complete vehicle.
"PERSON." All natural persons, firms, partnerships, corporations, associations and organizations.
"PRIVATE PROPERTY." All privately-owned property which is not classified within the definition of public property.
"PUBLIC PROPERTY." Any public right-of-way, street, highway, alley, park, or other state, county, or municipally-owned property.
"VEHICLE." Any motor vehicle, automobile, motorcycle, truck, trailer, semitrailer, truck tractor, bus, school bus, house car or motor bicycle.
(Ord. 2004-10, passed 7-20-04)
(A) No person shall abandon a vehicle or parts on any public property or on any private property in a location visible from public premises. The Police Department of the city is the authorized agency assigned the responsibility for removing vehicles defined as abandoned under the provisions of this chapter.
(B) An officer who finds a vehicle or parts believed to be abandoned shall attach, in a prominent place on the vehicle or parts, a notice tag containing the following information:
(1) The date, time, officer's name, public agency and address and telephone number to contact for information; and
(2) The vehicle or parts are considered abandoned.
(C) The vehicle or parts will be removed after 72 hours.
(D) The owner will be held responsible for all costs incidental to the removal, storage and disposal of the vehicle or parts.
(E) The owner may avoid costs of the removal of the vehicle or parts within 72 hours.
(Ord. 2004-10, passed 7-20-04)
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