CHAPTER 90
ABANDONED, JUNKED VEHICLES
Section
General Provisions
90.01 Abandoned, junked vehicle exposed to public unlawful
90.02 Vehicle without license plate may be included
90.03 Lawful businesses excepted
Removal and Disposition
90.21 Citation, removal, disposal of abandoned vehicles
90.22 Vehicle abandoned on rental property
90.24 Disposition of proceeds of sale
GENERAL PROVISIONS
90.01 ABANDONED, JUNKED VEHICLE EXPOSED TO PUBLIC UNLAWFUL.
(A) The keeping, parking or storing of any wrecked, junked or abandoned vehicle or parts thereof, on private or public property, exposed to public view, except as provided in this chapter, is hereby declared to be a nuisance.
(B) It shall be unlawful for any person to keep, park or store any wrecked, junked or abandoned automobile or other vehicle, or parts thereof, on public or private property within the city, not kept in a garage or other enclosure so as not to be exposed to public view, except as otherwise set forth in this chapter.
(1994 Code, § 90.01) (Ord. 1028, passed - -) Penalty, see § 90.99
90.02 VEHICLE WITHOUT LICENSE PLATE MAY BE INCLUDED.
Any vehicle shall be deemed to be included in this chapter if such vehicle does not have attached thereto a valid and current license plate but such license plate shall not be the sole factor in determining the status of such vehicle.
(1994 Code, § 90.02) (Ord. 1028, passed - -)
90.03 LAWFUL BUSINESSES EXCEPTED.
Nothing contained in this subchapter shall be construed to apply to any person, firm or corporation lawfully engaged in the junk business, the garage, body shop or other vehicle repair business, auto sales business or other lawful business in a properly zoned area in which automobiles or other vehicles are kept, stored or parked as an incident to the conducting of such business.
(1994 Code, § 90.03) (Ord. 1028, passed - -)
REMOVAL AND DISPOSITION
90.20 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A vehicle located on public property illegally;
(2) A vehicle left on public property continuously without being moved for 3 days;
(3) 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;
(4) A vehicle that has remained on private property without the consent of the property owner or persons in control of the property for more than 48 hours;
(5) A vehicle from which there has been removed the engine, transmission, or differential or that is otherwise partially dismantled or inoperative and left on public property;
(6) A vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance other than this chapter, if the vehicle once impounded is not claimed or redeemed by the owner or his agent within 15 days of its removal; or
(7) A vehicle that is 6 or more model years old and mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 30 days.
AUTOMOBILE SCRAPYARD. A business organized for the purpose of scrap metal processing, automobile wrecking, or operating a junkyard.
BUREAU. The State Bureau of Motor Vehicles.
FISCAL BODY. The Common Council of the City of Plymouth.
OFFICER. A regular member of the Plymouth Police Department or the Building Commissioner.
OWNER. The last known record title holder of a vehicle, according to the records of the Indiana Bureau of Motor Vehicles, or any other comparable bureau or agency of any other state.
PARTS. Refers to all components of a vehicle that as assembled do not constitute a complete vehicle.
PERSON. An individual, firm, corporation, association, fiduciary, or governmental entity.
PRIVATE PROPERTY. All property other than public property.
PUBLIC AGENCY. The Board of Public Works and Safety of the city.
PUBLIC PROPERTY. A public right-of-way, street, highway, alley, sidewalk, park, or other municipal property.
TOWING SERVICE. A business that engages in moving, removing, storing, and impounding disabled vehicles.
VEHICLE. An automobile, motorcycle, truck, trailer, semitrailer, tractor, bus, school bus, recreational vehicle, camper, or motorized bicycle.
VISIBLE FROM PUBLIC PROPERTY. A vehicle which can be seen from public property and includes vehicles which have been covered by a temporary covering that allows the form and outline of the vehicle to remain visible from public property.
(1994 Code, § 90.15) (Ord. 91-1521, passed 6-10-1991; Am. Ord. 93-1576, passed 2-22-1993)
90.21 CITATION, REMOVAL, DISPOSAL OF ABANDONED VEHICLES.
(A) No person shall abandon a vehicle or parts on any public or private property.
(B) The owner of an abandoned vehicle or parts is responsible for the abandonment and is liable for all of the costs incidental to the removal, storage, and disposal of the vehicle or its parts.
(I.C. 9-22-1-4)
(C) In accordance with I.C. 9-22-1-11 and I.C. 9-22-1-13(b), if, in the opinion of the officer, the market value of an abandoned vehicle or parts is less than $500, the officer shall attach thereto in a prominent place a citation containing the following information.
(1) The date, time, officer’s name, public agency, address, and telephone number to contact for information;
(2) The vehicle or parts is considered abandoned;
(3) The vehicle or parts will be removed after:
(a) Thirty-six hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under I.C. 8-23-4; or
(b) Seventy-two hours, for any other vehicle.
(4) The owner will be held responsible for all costs incidental to removal, storage, and disposal, and if not paid the owner’s registration privileges will be suspended on that car;
(5) The owner may avoid costs by removal of the vehicle or parts within:
(a) Thirty-six hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under I.C. 8-23-4; or
(b) Seventy-two hours, for any other vehicle.
(D) If the tagged vehicle or parts, which, in the opinion of the officer, has a market value of less than $500, is not removed within the applicable period, the officer shall, in accordance with I.C. 9-22-1-12:
(1) Prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts, and other facts that substantiate that the market value is less than $500;
(2) Take photographs to illustrate the condition of the vehicle or parts;
(3) Immediately order the removal of the vehicle or parts to an automobile scrapyard.
(E) In accordance with I.C. 9-22-1-14, if, in the opinion of the officer, the market value of an abandoned vehicle or parts is $500 or more, the officer shall make reasonable effort to ascertain the owner or persons who may be in control of the vehicle or parts. Thereafter, the officer shall attach to the vehicle or parts in a prominent place a citation containing the following information:
(1) The date, time, officer’s name, public agency, address, and telephone number to contact for information;
(2) The vehicle or parts is considered abandoned;
(3) The vehicle or parts will be removed after 72 hours;
(4) The owner will be held responsible for all costs incidental to removal, storage, and disposal, and if not paid the owner’s registration privileges will be suspended on that car;
(5) The owner may avoid costs by removal of the vehicle or parts within 72 hours.
(F) If the tagged vehicle or parts which, in the opinion of the officer, has a market value of $500 or more is not removed within the 72-hour period, the officer shall in accordance with I.C. 9-22-1-14:
(1) Take photographs to illustrate the condition of the vehicle or parts and require the vehicle or parts to be towed to a storage area;
(2) Immediately order the removal of the vehicle or parts to a storage area;
(3) In accordance with I.C. 9-22-1-19, within 72 hours after the removal of a vehicle or parts to the storage area, the public agency shall prepare and forward to the Bureau a report, including the make, model, engine number, if any, identification number, and number of the license plate;
(4) Upon receipt of the requested information from the Bureau, the public agency shall advise the owner or any lien holder that the vehicle or parts have been impounded at a certain location, that the vehicle or parts must be claimed within 15 days of the date of the mailing notice, and that the vehicle or parts will be disposed of after that time. The notice shall also advise the owner that all costs incurred in removing and storing the vehicle or parts are the owner’s legal responsibility, all in accordance with I.C. 9-22-1-20(3)(B);
(5) If the owner or lien holder appears to claim the vehicle before the 15-day time period, he shall be entitled to claim the impounded vehicle. The costs of towing, storing, and keeping of the impounded vehicle must be paid to the service holding the vehicle before the vehicle may be released. If the owner or lien holder does not appear within 15 days after the mailing of notice, the Bureau shall sell the vehicle or parts to the highest bidder at a public sale conducted after notice under I.C. 5-3-1, except only 1 newspaper insertion 1 week before the public sale is required;
(6) If the vehicle is in such condition that the vehicle identification numbers or other means of identification are not available to determine the owner of record with the Bureau, the vehicle may be disposed of without notice as permitted by I.C. 9-22-1-21;
(7) Upon complaint of a private property owner or persons in control of the property upon which a vehicle has been left for more than 48 hours without the consent of the owner or persons in control, an officer shall follow the procedure set forth in this chapter;
(I.C. 9-22-1-11 through 9-22-1-14)
(8) Neither the owner, lessee, or occupant of the property from which an abandoned vehicle is removed, or any public agency, towing service, or automobile scrapyard, is liable for any loss or damage to the vehicle or parts occurring during its removal, storage, or disposition.
(I.C. 9-22-1-32).
(1994 Code, § 90.16) (Ord. 91-1521, passed 6-10-1991; Am. Ord. 93-1576, passed 2-22-1993; Am. Ord. 2003-1845, passed 11-10-2003)
90.22 VEHICLE ABANDONED ON RENTAL PROPERTY.
A person who finds a vehicle believed to be abandoned on the person’s rental property shall do the following:
(A) Attach in a prominent place a notice tag containing the following information:
(1) The date, time, name and address of the person who owns the rental property and a telephone number to contact for information;
(2) That the vehicle is considered to be abandoned;
(3) That the vehicle will be removed after 72 hours;
(4) That the person who owns the vehicle will be responsible for all cost incidental to the removal, storage, and disposal of the vehicle;
(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours;
(B) Contact the bureau to obtain the name and address of the person who owns the vehicle;
(C) Deliver, by certified mail, a copy of the information contained in the notice required under division (A) above to the person who owns the vehicle;
(D) If after 72 hours the person who owns a vehicle believed to be abandoned on rental property has not removed the vehicle from the rental property, the person who owns the rental property may have the vehicle towed from the rental property. The person who owns the rental property shall give the towing operator a copy of the certified letter required under division (C) above as proof that notice of the towing has been given.
(1994 Code, § 90.17) (Ord. 93-1576, passed 2-22-1993)
90.23 EXEMPTIONS.
This chapter does not apply to the following vehicles:
(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 active duty assignment;
(C) A vehicle located on a designated vehicle sales lot or at a commercial servicing facility;
(D) A vehicle located upon property licensed or zoned as an automobile scrapyard.
(E) A vehicle registered and licensed under I.C. 9-18-12 as an antique motor vehicle.
(1994 Code, § 90.18) (Ord. 91-1521, passed 6-10-1991; Am. Ord. 93-1576, passed 2-22-1993)
90.24 DISPOSITION OF PROCEEDS OF SALE.
The proceeds of sale of an abandoned vehicle or parts in accordance with this chapter shall be credited against all costs incident to the removal, storage, and disposal of the vehicle.
(I.C. 9-22-1-25) (1994 Code, § 90.19)
(Ord. 91-1521, passed 6-10-1991; Am. Ord. 93-1576, passed 2-22-1993; Am. Ord. 2003-1845, passed 11-10-2003)
90.99 PENALTY.
Any person violating any provision of this chapter shall, on conviction, be fined in any sum not less than $10 nor more than $100.
(1994 Code, § 90.99) (Ord. 1028, passed - -)