(A) An employee of the Sheriff’s office or the Highway Department may remove a vehicle or have it removed from a roadway to the nearest garage or other place of safety, including another place on the roadway, or to a facility maintained by the county if one of the following apply:
(1) The vehicle is parked on a roadway for which a parking prohibition is in effect;
(2) The vehicle is stalled on a roadway for which a parking prohibition is in effect; the vehicle presents a hazard to traffic, snow or debris removal or emergency operations; and the available evidence does not reasonably suggest that the operator of the vehicle is attempting to remove it in compliance with § 74.06; and/or
(3) The vehicle is parked illegally and interferes with snow or debris removal or emergency operations.
(B) If a vehicle is removed under division (A) above, the Department causing the removal of the vehicle shall provide written notice to the vehicle’s owner if the Department is able to ascertain the name and the address of the vehicle’s owner through registration records or otherwise. The notice shall advise the owner of the fact of removal, the reason for removal and the place to which the vehicle was removed.
(C) If the removing Department is unable to ascertain the name and address of the vehicle’s owner to provide notice under division (B) above, the Department shall, within three days of the removal, mail a written report to the State Bureau of Motor Vehicles. The report shall also be filed with the garage to which the vehicle has been removed, if any. The report shall include a description of the vehicle, the time and place of removal, the reasons for the removal and the place to which the vehicle was removed.
(D) To recover a vehicle removed under this chapter, the owner of the vehicle must present evidence of the person’s identity and right to possession of the vehicle to the removing Department or the towing service that removed the vehicle. In addition, the person must sign a receipt for the return of the vehicle and pay the costs of removal and any storage fees. The costs and fees constitute a lien on the vehicle under I.C. 32-33-10.
(E) The removing Department shall maintain a record of each vehicle removed under this section. The record must include a description of the vehicle, its license number, the date and time of removal, the place of removal, the place to which it was removed, the reason for removal and, if known, the name and address of the owner and/or operator. If a towing service obtains this information on behalf of the removing Department, the towing service shall provide the record to the Sheriff’s office.
(F) To implement this section, the Sheriff’s office and the Highway Department may enter into contracts with towing services for the removal and storage of vehicles.
(G) The county, Sheriff’s office, Highway Department, owner or occupant of the property from which a vehicle is removed, authorized towing service, automobile scrap yard or other contractor are not liable for loss or damage to a motor vehicle removed, stored or disposed of under this section.
(Prior Code, § 75.08) (Ord. 2009-01, passed - -)