Chapter 8.25
ABANDONED AND JUNK VEHICLES
Sections:
8.25.010 Definitions.
The word “motor vehicle” or “vehicle,” as used in this chapter, shall mean any vehicle which is or was equipped with a motor, and shall also mean any portion [of] a motor vehicle which is detached from the main portion of any vehicle. [Ord. 1984-05 § 10; Ord. 1975-05 § 1. Prior code Title 3, Art. 9, Ch. 1, § 1]
8.25.020 Justification.
Due to the danger to the safety of children and the risk to the public health from vermin, insects and rodents that secret themselves in unused vehicles, all junked, abandoned, wrecked, disassembled, inoperable or unlicensed motor vehicles are hereby declared to be a nuisance, except as provided in WMC 8.25.030. [Ord. 2001-12; Ord. 1987-06 § 1; Ord. 1984-05 § 10; Ord. 1975-05 § 2. Prior code Title 3, Art. 9, Ch. 2, § 1]
8.25.030 Violations.
It shall be unlawful for any person to store in the open upon public or private property within the corporate limits of Whitestown, any junked, abandoned, wrecked, disassembled, inoperable or unlicensed motor vehicle for a period of three days or more on public property or for a period of 15 days or more on private property, unless it is in connection [with] an automobile sales or repair business enterprise which operates under a duly issued sales or repair license and which is located in an area properly zoned for such an enterprise. The provisions of this chapter shall not apply to auto salvage yards or junkyards duly operated and licensed by the state of Indiana and the town of Whitestown and are located in an area zoned for such activity. [Ord. 2001-12; Ord. 1987-06 § 1; Ord. 1984-05 § 10; Ord. 1975-05 § 3. Prior code Title 3, Art. 9, Ch. 3, § 1]
8.25.040 Public property.
Whenever the [chief of police] for the town of Whitestown or [one of] his duly appointed deputies determines that a vehicle described in WMC 8.25.030 is stored or parked in the open upon public property within the corporate limits he shall issue an order to the owner of such vehicle to remove said vehicle within three days. Notice of such violation shall be served upon the owner of the vehicle if the owner is known to the officer or placed on the vehicle if the owner is not known or cannot be located. If the vehicle is not removed within three business days pursuant to such order and notice, the chief of police shall cause the vehicle to be removed by a junk or salvage yard or wrecker service at the owner’s expense. [Ord. 2008-11 § 5; Ord. 2001-12; Ord. 1984-05 § 10; Ord. 1975-05 § 4. Prior code Title 3, Art. 9, Ch. 3, § 2]
8.25.050 Private property.
Whenever the [chief of police] for the town of Whitestown or one of his duly appointed deputies determines that a vehicle described in WMC 8.25.030 is stored or parked in the open upon private property within the corporate limits he shall issue an order to the owner of such vehicle to remove said vehicle within 10 days. Notice of such violation shall be served upon the owner of the vehicle if the owner is known to the officer and can be located. If no owner of the vehicle can be found, notice of such order shall be affixed to any residence on the real property on which the vehicle is located; if no residence or building is present on the real estate, notice shall be securely affixed to said vehicle; and said notice shall constitute notice to the owner and occupant of the real estate and to the owner of the vehicle. If said vehicle is not removed within 10 business days pursuant to such order and notice, the [chief of police] shall issue a citation for violation of this chapter. [Ord. 2008-11 § 5; Ord. 2001-12; Ord. 1984-05 § 10; Ord. 1975-05 § 5. Prior code Title 3, Art. 9, Ch. 3, § 3]
8.25.060 Active restoration.
The active restoration of a disassembled or temporarily inoperable vehicle by its owner shall be a defense to a violation issued pursuant to WMC 8.25.050 if a securely fitting car cover is affixed to the duly licensed vehicle and the restoration of the vehicle is completed within one year from the notice of violation. [Ord. 2001-12]
8.25.070 Fines and penalties.
In addition to remedies provided in WMC 8.25.050, failure of any person to remove any automobile after being notified pursuant to WMC 8.25.050 shall be in violation of this chapter, and upon conviction thereof, shall be fined in an amount not to exceed $100.00 per occurrence. Each day the violation is allowed to continue after the owner is found in violation of this chapter shall constitute a separate offense. If the vehicle is not removed within three business days after an order of the court under WMC 8.25.050 the court in its discretion may order the [chief of police] to cause the vehicle to be removed by a junk or salvage yard or wrecker service at the owner’s expense.
A. Nothing in this chapter shall be construed to limit any other rights or actions that may exist in law or equity.
B. If any portion of this chapter shall be declared unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter so long as enforcement of same can be given the intended effect.
C. All prior ordinances or parts thereof inconsistent with this chapter are hereby repealed. [Ord. 2008-11 § 5; Ord. 2001-12; Ord. 1984-05 § 10; Ord. 1975-05 § 6. Prior code Title 3, Art. 9, Ch. 4, § 1]