HomeMy WebLinkAbout2004-OR-25
ORDINANCE NO. 2004-OR- 25
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
STATE OF INDIANA
AN ORDINANCE AMENDING 88-OR-16
(REGULATING THE DISPOSITION OF ABANDONED VEHICLES)
WHEREAS, the Common Council for the City of Ieffersonville ("the Council") has the authority
to adopt ordinances to protect the public's health and safety;
WHEREAS, the Council has previously adopted an ordinance that regulates the disposition of
abandoned vehicles within the city; and
WHEREAS, the Council believes the current ordinance should be amended to alleviate recent
problems regarding the disposition of abandoned vehicles.
NOW, THEREFORE, BE IT ORDAINED by the Council as follows:
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:
(1) 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)
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;
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 IC 9-22-1 et seq.,
if the vehicle once impounded in not claimed or redeemed by the owner or his
agent within fifteen (15) days of its removal; or
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(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.
98.02 EXCLUSIONS.
Pursuant to IC 9-22-1, this chapter does not apply to the following:
(1)
(1)
A vehicle stOred as the property of a member of the armed forces of the United
States who is on active duty assignment.
(2)
A vehicle located upon property properly licensed or zoned as an automobile
scrap yard.
(3) 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 as listed in (5)
of IC-9-22-1-2 vested with the responsibility to remove, store, and disposal of abandoned
vehicles.
98.04 DISPOSITION OF ABANDONED VEHICLES.
The city, through the Office of Building Commissioner, may dispose of abandoned
vehicles or parts pursuant to the provisions oflC 9-22-1 et seq., in the following manner:
(A)
If the estimated value of the vehicle is less than $500.00, in accordance
with IC 9-22-1-13 the vehicle will be remoyed after a thirty O0) day
notice is affixed to the vehicle and stored for a period of ten (10)
days. After the 10~h day the vehicle will be deposited to an automobile
scrap yard with a copy of the abandoned vehicle report form DMV 322B
forwarded to 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 that $500.00 in
accordance with IC 9-22-1-14, a reasonable effort will be made to
ascertain the owner or person in control of the vehicle. If such person is
unascertainable, a notice tag will be affixed to the vehicle containing the
following information:
(Estimated vehicle value listed in A and B will be determined by the
Kelley Blue Book or other acceptable trade publication for purpose
of valuing used vehicles).
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(1)
The date, time, officer's name, public agency, address and telephone
number to contact for information.
(2) That the vehicle or parts are considered abandoned.
(3) That the vehicle or parts will be removed after seventy-two (72) hours.
(4)
That the person who owns the vehicle will be held responsible for all
costs incidental to the removal, storage, and disposal of the vehicle. At
the conclusion of the seventy-two (72) hour time period, the vehicle shall
be towed to a storage area and disposed of under the provisions oflC 9-
22-1 et. seq. However abandoned vehicles that in any way constitute a
hazard, or obstruction to the movement of pedestrian or vehicular traffic
may be immediately removed without prior notice to the owner or person
in control of the vehicle.
98.06 (05)TOWING AND STORAGE CHARGES.
The towing operator of an abandoned vehicle in 98.04 (A) shall consider the salvage
fee as payment in full for services rendered.
The towing operator shall recover as the full cost of their towin~ and storage in
98.04 (B) the following fee.
(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)
A release fee of $25.00 will be charged by the Police
Department and collected by the towing operator for every
released towed by the Police.
The City Board of Public Works and Safety shall have the authority to amend the towing
and storage charges from time to time and shall notify the Bureau of Motor Vehicles of such
amendments.
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IT IS HEREBY FURTHER ORDAINED that the Clerk and Treasurer of the City of
Jeffersonville must cause notice of the passage of this Ordinance to be published in the
Jeffersonville Evening News within thirty (30) days of its adoption.
This Ordinance shall be in full force and effect from and after its passage and
approval.
Passedthis /7 day°f c~-~c20 '~ff/ff
Robert-'L. Wai~;, Jr.
Presiding Officer
ATTEST:
ggy, '
Clerk and Treasurer
Presented by me
Jeffersonville this ~ day of
2004.
as Clerk and Treasurer to the Mayor of said City of
t,.~,.~ ,2004 at ~'a9 ,1~. m.
Peg~ Wil~
Clerk ~d Treas~er
This Ordin~ce approved ~d signed by m~ffY o~/,
..,