HomeMy WebLinkAboutD-832 Abandoned Vehicles ORDINANCE D-832
AN ORDINANCE AMENDING CARMEL CITY CODE
SECTIONS 6-114 THROUGH 6-121
AND ADDING SECTION 6-122
DIVISION V. ABANDONED VEHICLES
Sec. 6-114 Abandoned Vehicles Declared Public Nuisances,
Because of the danger to the health from vermin, the danger
of personal injury to children attracted by such vehicles,
danger of fire by the storage of gasoline and oil thereon,
any abandoned, unlicensed, inoperable, disassembled, wrecked
or junked motor vehicle on any street or public property for
more than five (5) days or upon any private property for more
than fifteen (15) days, except as hereinafter provided, is
declared to be a nuisance and unlawful.
Sec. 6-115 Abandoned Vehicle Defined.
(a) ABANDONED VEHICLE means:
(1) a vehicle located on public property illegally, or a
vehicle left on public property continuously without being
moved, for more than five (5) days;
(2) a vehicle mechanically inoperable located on public
property in such a manner as to constitute a hazard or
obstruction to the movement of pedestrian or vehicle
traffic on a public right-of-way;
(3) a vehicle that has remained on private property without
the consent of the owner; or person in control, of that
property, for more than fifteen (15) days;
(4) a vehicle from which there has been removed the engine,
transmission, or differential or that is otherwise
partially dismantled or inoperable and left on public
property;
(5) 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 in I.C., 9-9-22-1, et seq.,
if the vehicle once impounded is not claimed or redeemed by
the owner or his agent within fifteen (15) days of its
removal; or
(6) a vehicle that is six (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 thirty (30) days.
(b) All other terms defined in I.C., 9-22-1-1 et seq. as
amended are incorporated herein by reference.
Sec. 6-116 Time Limits.
It shall be unlawful for any person to store or allow to
remain in the open upon any public street, public property or
private property within the City, any disassembled or
inoperable and unlicensed, or any junked, wrecked or
abandoned motor vehicle for a period of five (5) days or more
on such public street or other public property, or for a
period of fifteen (15) days or more on any private property,
unless it is in connection with an automotive sales or repair
enterprise, which is operated under a duly issued and
exhibited store license and is located in a property zoned
area.
Sec. 6-117 Removal Procedures on Public and Private Property.
(a) Public Property.
(1) Whenever the Chief of Police or his designee shall find
such vehicle placed or stored in the open upon a public
highway, alley, or thoroughfare, or other public property,
within the City, he shall issue an order to the owner of
such vehicle, if known, to remove such vehicle within three
(3) days.
(2) Notice of such order shall be given to such owner, if
known, in writing, but if such owner shall be unknown, such
written notice shall be placed in plain view upon the
vehicle.
(3) If such vehicle is not removed within three (3) days
after such notice, the Chief of Police, or his designee
shall cause said vehicle to be removed by a junk or salvage
yard or wrecker service, the cost and expense of such
removal by a junk or salvage yard or by a wrecker service
to be paid by the owner of the vehicle.
(4) Impounded vehicles shall be released either upon
payment by the owner, operator, or authorized
representative of same, of the fees charged for towing and
storage, or upon order of the chief of police or his
designee, or upon the order of the Judge of the Carmel City
Court, City of Carmel, Indiana.
(5) The form of all notices shall be issued pursuant to the
provisions of I.C., 9-22-1-11.
(b) Private Property.
(1) Whenever the Chief of Police or his designee shall find
such vehicle placed or stored in the open upon private
property, within the City, he shall issue an order to the
owner of such vehicle, if known, or the person who owns or
controls the private property upon which such vehicle is
placed or stored according to the procedures set forth in
I.C., 9-22-1-11 through 9-22-1-14.
(2) Impounded vehicles shall be released either upon
payment by the owner, operator, or authorized
representative of same, of the fees charged for towing and
storage, or upon order of the chief of police or his
designee, or upon the order of the Judge of the Carmel City
Court, City of Carmel, Indiana.
Sec. 6-118 Enforcement
(a) If such vehicle is not removed within three (3) days
after such notice, the Chief of Police, or his designee shall
issue a written order of violation of Sec. 6-108 subject to
civil penalties of this code and enforcement shall be by the
city attorney or his designee, and appropriate action by the
Carmel City Court.
(b) The form of all notices shall be issued pursuant to the
provisions of I.C., 9-22-1-11.
(c) Any person who is judged to have violated the provisions
of this code is subject to a fine of up to five hundred
dollars ($500.00) in addition to towing and storage charges.
(d) All provisions and respective civil penalties are
designed for enforcement through the Carmel City Court, City
of Carmel, Indiana.
Sec. 6-119 Disposing and Sale of Stored Vehicles.
The provisions of I.C., 9-22-1-27 et seq., shall govern the
disposition and sale of stored vehicles.
Sec. 6-120 Abandoned Vehicle Account.
The Abandoned Vehicle Account as established in Chapter 2 of
this Code, shall be governed by the provisions of I.C.,
9-22-1-30.
Sec. 6-121 Exempt Vehicles.
This Division does not apply to:
(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 vehicle sale lot or at a
commercial vehicle servicing facility;
(d) a vehicle located upon property licensed or zoned as an
automobile scrap yard; or
(e) a vehicle registered and licensed under I.C., 9-7-6, as
an antique vehicle.
Sec. 6-122 Towing and Storage Charges of Abandoned Vehicles.
An owner or lienholder who claims a vehicle impounded and
declared abandoned by the Carmel Police Department shall be
charged a towing fee and a per day storage fee. The storage fee
shall be allowed to accumulate for a maximum period of sixty (60)
days.
Sec. 6-123 through 6-129 Reserved for Future Use.
ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
· 2!
ATTEST:
DAY OF SEPTEMBER, 1992·
T. E Presiding Officer
Presented by m~ to the Mayor of the City of Carmel, Indiana,
on the _~J- day of Septembe..~, 1992·
· ~Susan W. Jones, C~rk-Treasurer
Approved and si ned by me, the Mayor of the City of Carmel,
Indiana on this ~ day of September, 1992.
hnson
· . , Mayor