§ 90.03 PROHIBITION AND REMOVAL.

   (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)

§ 90.04 DISPOSITION AND SALE.

   (A)   If a vehicle or a part tagged by an officer under § 90.03 is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts and other facts that might substantiate the estimated market value of the vehicle or parts. Photographs shall be taken to describe the condition of the vehicle or parts.

   (B)   If, in the opinion of the officer, the market value of an abandoned vehicle or parts determined under § 90.03 is less than $500, the officer shall immediately dispose of the vehicle to an automobile scrap yard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the bureau and shall be retained by the Department for two years.

   (C)   If, in the opinion of the officer, the market value of the abandoned vehicle or parts determined under § 90.03 is at least $500, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts, or who may be in control of the vehicle or parts, and notify the person with the information required in § 90.03. If the vehicle or parts tagged by the officer, as provided for in this chapter, has not been removed within the 72-hour period, the officer shall require the vehicle or parts to be towed to a storage lot, salvage yard, scrap yard or other business which deals in automobile storage or salvage operations.

   (D)   Within 72 hours after the removal of an abandoned vehicle to an automobile salvage or storage business under division (C) above, the officer or the storage/salvage operation business shall prepare and forward to the Bureau an abandoned vehicle report in accordance with IC 9-22-1-19. If the person who owns or holds a lien upon the vehicle does not appear and pay the costs for removal and storage within 15 days after notification by the Bureau, pursuant to IC 9-22-1-19, the vehicle or parts shall be disposed of as provided by IC 9-22-1-23, or under the provisions of any other applicable state law, including, but not limited to the state mechanic's lien statutes.

   (E)   If a vehicle or parts are in the condition that vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the vehicle, the vehicle may be disposed of by the city or the storage/salvage operator without notice.

(Ord. 2004-10, passed 7-20-04)

§ 90.05 CHARGES FOR REMOVAL, STORAGE AND DISPOSAL.

   (A)   The person who owns an abandoned vehicle or parts is responsible for the abandonment and liable for all of the costs incidental to the removal, storage and disposal of the vehicle or the parts under this chapter.

   (B)   The owner of the abandoned vehicle or parts shall be charged no more than $60 for the towing or removal of the vehicle or parts, nor shall he or she be charged more than $10 per day for the storage of the vehicle or parts. The storage charge shall be limited to the actual number of days of storage.

(Ord. 2004-10, passed 7-20-04)

§ 90.06 ABANDONED VEHICLE FUND.

   For provisions on the Abandoned Vehicle Fund, see § 35.45.

§ 90.07 EXEMPT VEHICLES.

   This chapter does not apply to the following:

   (A)   A vehicle in operable condition specifically adapted or constructed for operation on privately-owned raceways;

   (B)   A vehicle stored as the property of a member of the armed forces of the United States who is on an active duty assignment;

   (C)   A vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility; (Vehicles located at commercial servicing facilities must display a valid registration plate.)

   (D)   A vehicle located upon property licensed and zoned as an automobile scrap yard; and/or

   (E)   A vehicle registered and licensed under IC 9-18-12 as an antique vehicle.

(Ord. 2004-10, passed 7-20-04)