Ordinance 2019-4

ORDINANCE 2019-4

Town of Rosedale, Indiana

ABANDONED VEHICLES

WHEREAS, the Town of Rosedale desires to establish an abandoned vehicle ordinance to establish rules and procedures for the removal of abandoned and junk vehicles within the Town.

NOW, THEREFORE, be it ORDAINED as follows:

1. ABANDONED VEHICLE DEFINED. For the purpose of this ordinance, and pursuant to I.C. 9-13-2-1, an “abandoned vehicle” means:
2. A vehicle located on public property illegally;
3. A vehicle left on public property continuously without being moved for 24 hours;
4. c. A vehicle located on public property in such a manner as to constitute a hazard to obstruction to the movement of pedestrian or vehicle traffic on a public right-of­ way;
5. 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;
6. 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;
7. 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 ordinance, if the vehicle once impounded is not claimed or redeemed by the owner or his or her agent within 15 days of its removal; or
8. A vehicle that is at least 3 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. For purposes of this ordinance, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
9. ABANDONED VEHICLES PROHIBITED. No person shall abandon a vehicle or parts on any public or private property. The owner of an abandoned vehicle or parts is responsible for the abandonment and is liable, to the extent of the market value of the vehicle but in an amount not to exceed $1,500, for all of the costs incidental to  the removal, storage and disposal of the vehicle or its parts.
10. CITATION AND REMOVAL OF ABANDONED VEHICLES ($750 OR LESS).  In accordance with I.C. 9-22-1-13, if, in  the opinion of  the officer, the market value of an abandoned vehicle or parts is $750 or less, the officer shall attach thereto in a prominent place a citation containing the following information:
11. The date, time, officer’s name, public agency, address and telephone number  to contact for information;
12. The vehicle or parts is considered abandoned;

The vehicle or parts will be removed after 72 hours;

1. The owner will be held responsible for all costs incidental to removal, storage and disposal; and
2. The owner may avoid costs by removal of the vehicle of parts within 72 hours.

If the tagged vehicle or parts, which, in the opinion of the officer, has a market value of less than $750, is not removed within 72 hours, the officer shall, in accordance with I.C. 9-22-1-13:

1. Prepare a written abandoned vehicle report of the vehicle or parts;
2. Take photographs to illustrate the condition of the vehicle or parts; and
3. Immediately order  the  vehicle to  be  towed  to  a  storage  yard.   A  copy  of  the abandoned  vehicle report and  photographs shall be provided to the storage yard. The towing service shall give notice to the Indiana Bureau of Motor Vehicles that the abandoned vehicle is in the possession of the towing service.
4. CITATION AND REMOVAL OF   ABANDONED VEHICLES  (MORE   THAN  $750).       In accordance with I.C. 9-22-1-13, if in the opinion of the officer, the market value of an abandoned vehicle or parts is more than $750, the officer shall make reasonable effort to ascertain the owner or persons who may be in control of the vehicle or parts by inquiry of other persons in the neighborhood. Thereafter, the officer shall attach to the vehicle or parts in a prominent place a citation containing the following information:
5. The  date, time, officer’s  name, public agency, address and  telephone  number  to contact for information;
6. The vehicle or parts is considered abandoned;
7. The vehicle or parts will be removed after 72 hours;
8. The owner will be held responsible for all costs incidental to removal, storage and disposal; and
9. The owner may avoid costs by removal of the vehicle of parts within 72 hours.

If the tagged vehicle or parts which, in the opinion of the officer, has a market value of more than $750 is not removed within the 72-hour period, the officer shall in accordance with I.C. 9-22-1-14:

1. Prepare a written abandoned vehicle report of the vehicle or parts;
2. Take photographs to illustrate the condition of the vehicle or parts; and
3. Immediately order the vehicle to  be  towed  to  a  storage  yard.  A copy  of  the abandoned  vehicle report and photographs shall be provided to the storage yard.

The towing service shall give notice to the Indiana Bureau of Motor Vehicles that the abandoned vehicle is in the possession of the towing service.

5. EXEMPTIONS. This ordinance does not apply to the following:
6. A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.
7. A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment.
8. A vehicle in operable condition located on a designated vehicle sales lot or at a commercial vehicle servicing facility.
9. A vehicle located upon property licensed or zoned as an automobile scrap yard.
10. A vehicle registered and licensed under I.C. 9-18-12 et  seq. as an antique motor vehicle.
11. A golf cart or an off-road vehicle.
12. CONFLICTS. All ordinances and parts of ordinances in conflict  herewith  are hereby repealed  to the extent of such conflict.
13. 7. EFFECTIVE This Ordinance shall be in  full  force  and  effect  following  its adoption and publication as required by law.

Passed on first reading the 12th day of March, 2019. Adopted on second reading the 9th day of April, 2019.

John McMullen, Member

John McGlynn, Member

Ken Kirchoff, Member

Carol A. Brown, Member

Attest:

Natalie Montgomery

Clerk-Treasurer