HomeMy WebLinkAbout1999-OR-42 ORDINANCE NO. 99-OR ~
AN ORDINANCE REGARDING REMOVAL AND DISPOSAL
OF ABANDONED VEHICLES
WHEREAS, in 1988 the Common Council of the City of Jeffersonville (the "Council") ad(
Ordinance No. 88-OR-16 An Ordinance Regarding Removal and Disposal of Abandoned Vehi¢
and
WHEREAS, Ordinance No. 88-OR-16 no longer comports with the relevant sections of t
Indiana Code; and
WHEREAS, it is important to the public health, safety and welfare that the City have an
effective ordinance for removing and disposing of abandoned vehicles;
NOW, THEREFORE, IT IS HEREBY ORDAINED by the Council that the provisions ~f
Ordinance No. 88-OR-16, codified as Chapter 98 of the Jeffersonville Municipal Code, are rep~
and the following provisions are adopted:
CHAPTER 98: ABANDONED VEHICLES
§ 98.01 DEFINITION.
For the purpose of this chapter, the following definition shall apply for the term an "Abandoned
Vehicle" unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE:
(t) A vehicle located on public property illegally;
(2) A vehicle left on public property continuously without being mOved for seventy-two (72) hours;
(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the
movement of pedestrian traffic or vehicle traffic on a public right-of-Way;
(4) A vehicle that has remained on private property without the consent of the owner, or person in contr(
that property, for more than forty-eight (48) hours;
(5) A vehicle from which there has been removed the engine, transmission, or differential or that is othe]
partially dismantled or inoperable 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 e~
a statute or ordinance other than IC 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
pted
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;ise
.forcing
(7) A vehicle that is six (6) or more model years old and mechanically inoperable and is left on private pr~
continuously in a location visible from public property for more than thirty (30) days.
§98.02 EXCLUSIONS.
Pursuant to IC 9-22-1-1, this chapter does not apply to the following:
(1) A vehicle in operable condition specifically adapted or constructed for operation on privately
raceways.
(2) A vehicle stored as the property of a member of the armed forces of the United States who i~ ~
active duty assignment.
(3) A vehicle located upon property properly licensed or zoned as an automobile scrap yard.
(4) A vehicle registered and licensed under IC 9-18-12 as an antique vehicle.
§98.03 BUILDING COMMISSIONER VESTED WITH RESPONSIBILITY OF ABANDONED -
VEHICLES.
The Office of the City Building Commissioner shall be the public agency vested with the respons
to remove, store, and dispose of abandoned vehicles.
§98.04 DISPOSITION OF ABANDONED VEHICLES.
The city, through the Office of Building Commissioner, may dispose of abandoned vehicles or l~a
pursuant to the provisions oflC 9-22-t et seq., in the following manner:
(A) If the estimated value of the vehicle is less than $ 500.00, the vehicle will immediately be ret
and deposited to an automobile scrap yard with a copy of the abandoned vehicle report forw~
the Bureau of Motor Vehicles and the original report kept on file with the Office of Building
Commissioner for two (2) years.
(B) If the estimated value of the vehicle is greater than $500.00, a reasonable effort will be mt
ascertain the owner or person in control of the vehicle. If such person is unascertainable, a notice t*
be affixed to the vehicle containing the following information:
(1) The date, time, officer's name, public agency and address and telephone number to contact fa
information.
(2) That the vehicle or parts are considered abandoned. (3) That the vehicle or parts will be remo'
after seventy-two ( 72 ) hours. ( 4 ) That the person who owns the vehicle will be held resp
for all costs incidental to the removal, storage, and disposal of the vehicle. At the conclusion',
seventy-two ( 72 ) hour time period, the vehicle shall be towed to a storage area and dispose
under the provisions oflC 9-22-1 et seq. However, an abandoned vehicle that in any way cot
a hazard, or obstruction to the movement of pedestrian or vehicular traffic may be immediatel
removed without prior notice to the owner or person in control of the vehicle.
~perty
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§98.05 STATUTORY VALUE OF VEHICLE RAISED TO S 500.00
As permitted by 1 C.9-22-1-13, the estimated value of a vehicle requiring notice to be provided to
owner before said vehicle may be sent directly to the scrap yard, as provided for in §98.04, is hereby
to $500.00.
§98.06 TOWING AND STORAGE CHARGES.
(A) The charges for towing abandoned vehicles in the city shall not be more than $60.00 per tow.
(B) The storage charges for abandoned vehicles shall not be more than $10.00 per day.
(C) The City Board of Public Works and Safety shall have the authority to amend the towing and storag~
charges from time to time and shall notify the Bureau of Motor Vehicles of such amendments.
Passed and adopted this t/q dayof ~-~'"t~¢~ , 199.~ by the Common Counc:
Indiana.
City of Jeffersonvilie, Clark County, ~~ G~ligpresiding Officer an~~
ATTEST:
C~'. R~chard Spencer, Jr.
Clerk and Treasurer ~ ~/ f
:he
aised
ofthe
_ ented by'me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this . .
,199_~.
~:eRri:hanar:TSreP~uCreer:Jr' : ~'
Approved and signed by me this ~,yo~ , I~
"T~)brhagR. Galligan, M~or~
day *
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