HomeMy Public PortalAbout003-1982 - Special - Removval and Disposal of Abandoned VehiclesAMENDED
SPECIAL ORDINANCE NO. 3-1982
AN ORDINANCE ON THE REMOVAL AND DISPOSAL
OF ABANDONED VEHICLES IN THE CITY OF
RICHMOND, WAYNE COUNTY, INDIANA
WHEREAS, Senate Enrolled Act 375, Public Law 128, passed
April 9, 1981 repealed IC 9-9-1, 9-9-1.5, and
9-9-1.6 which were duplicative and, in some
respects, conflicting statutes concerning the
disposition of abandoned motor vehicles; and
WHEREAS, in their place, this law enacts IC 9-9-1.1 which
on September 1, 1981, is the sole statute governing
abandoned vehicles for state and local government;
and
WHEREAS, General Ordinance No. 18-1978, "An Ordinance to
Facilitate the Removal and Disposal of Abandoned
Vehicles in the City of Richmond, Wayne County,
Indiana," passed and adopted by the Common Council
of the City of Richmond, Wayne County, Indiana
on April 3, 1978, pursuant to IC 9-9-1.5 is now
repealed; and
WHEREAS, in the City of Richmond, Indiana vehicles are or
may in the future be abandoned in the streets
and other places within the city; and
WHEREAS, such conditions tend to impede traffic in the
streets or interfere with the enjoyment of and
reduce the value of private property; invite
plundering; create fire hazards and other safety
and health hazards to children as well as adults;
interfere with the comfort and well being of the
public; and create, extend and aggravate urban
blight; and
WHEREAS, adequate protection of the public health, safety
and welfare requires that such conditions be
regulated, abated, or prohibited.
NOW THEREFORE, be it ordained by the Common Council of the City
of Richmond, Wayne County, Indiana, that:
Section 1. Repeal. Ordinance No. 18-1978 be and is
hereby repealed.
Section 2. Statute Adopted. The provisions of the
Abandoned Vehicles - Removal and Disposal Law of 1981,
IC 9-9-1.1 et seq, including any amendments thereto, are declared
to be in full force and effect for the City and such provisions
of the law are incorporated herein by reference.
Section 3. Towing and Storage Charges. The towing
charges for the removal of any vehicle to the impound area to be
charged to the owner of a vehicle shall be at a day rate of
$2tt-6fl$ eQ g betweea2&.q, hours of 6:00 a.m. and 6:00 p.m. and a
night rate of $3� nder extraordinary circumstances the
rate may be adjusted at the prevailing hourly rate of the towing
service. The storage charges charged to any owner of an
impounded vehicle shall be $7.50 per day of actual storage of
the vehicle.
P
Section 4. Rules and Regulations. The Board of
Public Works & Safety shall promulgate such rules and regula-
tions as it deems necessary for the operation and maintenance
of the impoundment area.
Section 5. Abandoned Vehicle Account. (1) There is
hereby created an abandoned vehicle account to be administered
by the City Controller in conformance with IC 9-9-1.1-14.
(2) The proceeds of the sale or disposition of any abandoned
vehicle or parts thereof shall go to the City Controller and
be placed in the Abandoned Vehicle Account. The City Controller
shall use the funds only in conformance with the terms of
IC 9-9-1.1-14.
Section 6. Conformance With State Law. All pro-
visions of this ordinance shall e in conformance with and
not in conflict with IC 9-9-1.1-1 through 9-9-1.1-15. Any
provision found to be in conflict with the statute shall be
deemed amended to conform to the statute. This ordinance is
passed pursuant to IC 9-9-1.1-1 through 9-9-1.1-15 for the
purpose of facilitating the removal and disposition of
abandoned vehicles in the City of Richmond, Wayne County,
Indiana.
PASSED and ADOPTED this =✓ day ofI
1982, by the Common Council of the City of RichmoYYd, Indiana."
President of the Common Council
ATTEST:
Jogrlen Trimble, City Cler
PRESENTED to the Mayor of the City of Richmond, Indiana this
r day of 1 < 1< r ; z,_ , 1982.
r-
City, Jerk
APPROVED by me, Clifford J. Dickman, Mayor of the City of
Richmond, Indiana this /1.4 day of 1982.
ATTEST:
JOETIen Trimble, City Clerk
OF R Ich
A, A'O
u o �-9
HDIANP
50 N. FIFTH STREET • RICHMOND, INDIANA 47374 - (317) 966-5561
CLIFFORD J. DICKMAN
MA"OR
January 28, 1982
Mr. Kenneth Mills, President
Members of Common Council and
Mrs. JoEllen Trimble, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: Abandoned Vehicles
EDWARD N.ANDERSON
CITY ATTORNEY
Dear Mr. Mills, Members of Common Council and Mrs. Trimble:
Senate Enrolled Act 375, Public Law 128 repealed IC 9-9-1,
9-9-1.5 and 9-9-1.6 which were duplicative and, in some respects,
conflicting statutes concerning the disposition of abandoned
motor vehicles. In their place, IC 9-9-1.1 was enacted as the
sole statute governing abandoned vehicles for state and local
government.
In order to understand the nature of the changes we enclose a
synopsis of S.E.A. 375, P.L. 128. Also enclosed is a copy of
IC 9-9-1.1.
Generally the statute provides the following procedure:
1. A determination must be made that a vehicle is
"abandoned". Seven situations are defined to
constitute abandonment. Vehicles located on
both public and private property may be deemed
"abandoned" under this law.
2. A vehicle which is deemed abandoned must be
tagged with a notice that if it is not removed
within 72 hours it will be towed.
Page 2
Common Council
January 28, 1982
3. After the 72 hours have passed, the vehicle may
be taken to a junkyard if it is estimated to be
worth less than $100. If it is estimated to be
worth more than $100, it may be towed to storage
and the Bureau of Motor Vehicles must be notified
within 72 hours.
4. The Bureau will locate the titleholder's name and
notify him, by mail, that if the vehicle is not
claimed within 15 days, and all costs of removal
paid by him, the vehicle will be disposed of.
5. If the vehicle is not claimed within 15 days, it may
be advertised, pursuant to IC 5-3-1, for public
sale. Only one newspaper insertion, one week
before the sale is required. The advertising
and sale are to be conducted by the Bureau of
Motor Vehicles, the county or a 1st or 2nd class
city in the county. All costs of removal,
storage, disposal and administration of this
law are to be reimbursed from this fund. Cities
and towns would be reimbursed for the cost to
their police departments.
We are submitting herewith Special Ordinance No. 3-1982, "An
Ordinance on the Removal and Disposal of Abandoned Vehicles in
the City of Richmond, Mayne County, Indiana" for your consider-
ation which repeals our old ordinance on this subject matter
and incorporates by reference the new law as outlined above.
4pe tfu 1 sub It ed,
dw;,ard T. Anderson, Attorney
for the City of Richmond
ENA:er
encls (2)
SEA 375, I'.1.. 128
Senate Enrolled Act 375 combines the abandoned vehicle laws into a
single statement that allows the localunf.ts a maximum amount of flexi-
bility but preserves the role of the Bureau of Plutor Vehicles since
certain state controls and standards are necessary. This is particularly
true in regard to abandoned vehicle,,; that were stolen. The following is
a section by section explanation of the new chapter added by SECTION 1
of the Act.
Sec. 1 Declaration of abandoncd_vehicles as a Public nuisance.
No substantive changes have been maie.
Sec. 2 Definitions.
The following; definitions have been deleted;
(a) "scrap metal processor"
(b) "disposal agent"
(c) "commissioner"
(d) "market value".
A definition for "automobile grave yard" has been added
which incorporates former definitions of "scrap metal
processor", "automobile wrecker," and "disposal agent"
for simplification. A definition for "fiscal body" has
been added. The definition of "abandoned vehicle" (2)
has been changed to conform with the other sections 3 day
notice procedure before removal. Present law allows a 7
day notice procedure hefo e removal. The definition for
"officer" has been cxp:.uic'cd to include an official designated
by ordinance of the 1:iac:il body. This provision reflects
current practices.
Sec. 3
Liability for cost Of ,abandonment.
This section declares the owner of the vehicle responsible
for the abandoned vehicle and liable to the extent of the
market value of the vehicle. Present law creates a
prest.u�ption of the owner's liability.
Sec. 4
Removal and stor',c of cert;iin vehicles l officers.
No substantive ch�inges hive been made.
Sec. 5
Notice tag removal and storage of vr_lii.cles.
No substantive changes have been made.
Sec. 6
Notification to bureaui__burenu's responsibilities.
No substantive chanfies have been made.
Sec. 7
banner of disposal.
This se:cti.on requires notice to be given one (1) week
before the public: sale of the abandoned vehicie. This
section also allows abandoned vehicles to be disposed of
as unclaimed property. Thi;; :section has reduced the
sto-r+fie ti;:e fur JI-Andoncd vehicles from thirty (30) days
to fifteen (15) day;. Present law requires notice to be
given oiice, but nt uo specific time. The changes will
.
allcx for adcyuatal hroviue an alternative
means for disposal of abandoned vehicles within the
structure. The storage time has been reduced due to
efficient notification procedures.
Sec. 8
Evidence of sale for abandoned vehicles.
The fee for the bill of sale has been raised to six ($6)
dollars. Presently, the fee for the bill of sale is five
($5) dollars. The fee has been raised due to increases
in mailing costs.
Sec. 9
To facilitate the removal of abandoned vehicles.
No substantive changes have been made.
Sec. 10
Vehicles left on private XIS�pt,rty.
No substantive changes have been made.
Sec. 11
Liabilitv_for loss or da,nri to vehicle during_ removal._
and disposition.
No substantive changes have been made.
Sec. 12
Costs; limitation.
For substantive changes see section 15 in reference to
towing and storage costs.
Sec. 13
Sale proceeds credited to disposal of the vehicle.
No substantive changes have been made.
Sec. 14 Sale proceeds "abandoned vehicle account".
This section places sale proceeds in the "abandoned
vehicle account". Present. lava places proceeds in a "junk
vehicle fund".
Vc. 15 Exempt vehicles.
This section applies to a vehicle registered and licensed
under IC 9-7-6 (antique vehicle:;). PrEsent law applies
to vehicles eligible for regist.r;ition and lict.nsing under
IC 9-7-6. This change has been m;ide to ::iearly distinguish
between junk vehicles and antique vehicles.
Sec. 16 Bureau and fis.�al bcd;'s duties_
This section requires the bureau to establish the means
of determining the estimated value of the abandoned
vehicles. This section also requires the fiscal body of
the local unit to establish, by ordinance, charges allowed
for towing, storage, and Lhu means of disposition of
abandoned vehicles. This se::tion has preserved any rule
applicable to prior abandoned vehicle statutes if corresponding
provisions are found in this chapter. The pre�.ent law
provides no guidelines for determining the established
value of the vehicles. Present law also has fixed rates
for towing and storage costs. 'These rates -are below
current rates being charged by many local units. The
change allows flexibility in rate setting by the fiscal
body of the local unit. The present law also sets no
guidelines tol disposition of abandoned vehicles.
SECTION 2 Repeals the three existing la;as that the new' chapter
added' by SECTIU:v 1 replace:,.
The new law takes of feet 011 September 1, 1981.
906 102nd GENERAL ASSEMBIX
(B) the department of mental health;
(C) the department of public welfare;
(D) the rehabilitation services board; and
(E) - any other appropriate agencies; and
(2) be completed by October 1, 1982.
(d) The following shall cooperate with the Indiana
commission on autism and with each other in
developing the comprehensive plan and interagency
cooperation tagreenient concerning services for autistic
persons:
(1) the department of public instruction;
(2) the department of mental health;
(3) the department of public welfare;
(4) the re�h al-ilitation services board; and
(5) any other appropriate agencies.
(e) The let;i: l:itive council:
(1) may defrity the costs of the commission from itsgeneral
fund appropriation; and
(2) may provide staff for the commission upon request of its
chairman.
SECTION 2. Acts 1980, P.L. 222, SECTION 3 is amended
to read as follows: SECTION 3. This act takes effect July • 1,
1980, and expires October 4; 1981 December 1, 1983.
SECTION 3, Because an emergency exists, this act takes
effect upon passage.
Approved April 9, 1981.
AltANVONED VEMUE.S—RI:1V'IOVAL AND
DISPOSAL
Sa•;^�.-,TE ENR,OLLED ACTT NO. 375
AN ACT to un,1,3 k: 1,+-9 by adding a new chapter concerning abandoned
vehicles.
Be it kv the Ccueral Assembly of the Slate of
11uhana:
SECTION 1. l(; 9-9 is amended by adding a NEW chapter
1.1 to read as foll'),vs:
Additions in tci, indicated by bold type; deletions by strikeouts
1'.181 FIRST REGULAR SI�SSION 907
Chapter 1.1. Removal and Disposal of Abandoned
Vehicles.
Sec. 1. The general assembly finds that abandoned
vehicles ire a public nuisance and a safety and health hazard.
Sec. 2. As used in this chapter:
"Abandone.? vehicle" means:
(1) a vehicle located on public property illegally;
(2) ;t vehicle left on public property continuously without
being; moved for three (3) days;
(3) it vehicle located on public property in such a manner as
to conr:titute a hazard or obstruction to the movement of
pedestrian or vehicle traffic on a public right-of-way;
(4) it r chicic that has remained on private property without
the consent of the owner, or person in control, of 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 otherwise partially
dismantled or inoperable and left on public property;
(6) it vehicle that has been removed by a towing service or a
public a;;enev upon request of an officer enforcing a statute
or ordinance other than this chapter, if the vehicle once
impounded is not claimed or redeemed by the owner or his
agent within fifteen (15) days of its removal; or
(7) it vehicle that is six (6) or more model years old and
inoperable, and is left on private property
contin io,i,d-v in a location visible from public property for
more Oct),, thirty (30) days.
"Autnnw<liiie scrapyard. mans a business organized for the
purpose �,�i sc° :tp metal processing;, automobile wrecking, or
operatic,;; ;r;ikyard.
to the bureau of motor vehicles.
Fi scra i ;,ic. ',; means:
(1) county council, for a county not having a consolidated
city;
(2) city-coii!ity council, for a consolidated city or county
having; ct consolidated city;
(3) common council, for a city other than a consolidated
city; or
(4) board of trustees, for a town.
"Officer" nwans:
(1) a rcg iil.ir member of the Indiana state police;
(2) a 11"g,ul;tr member of a city or town police department;
(3) a tnt k ii marshal or town marshal deputy;
(4) a member of the county police force; or
Add,-,;- , text indicated by bold type; deletions by strikeouie
908 102nd GENERAL ASSEMBLY
(5) an individual of an agency designated by ordinance of
the fiscal body.
• "Owner" means the last known record titleholder of a vehicle
according to the records of the bureau under IC 9-1-2.
"Parts" refers to all components of a vehicle that as
assembled do not constitute a complete vehicle.
"Person" means individual, firm, corporation, association,
fiduciary, or governmental entity.
"Private property" means all property other than public
property.
` alp the bureau or local agency given the
"Public > ac + �cnc��" mean:�s
responsil;ility by :statute or ordinance for removal, storage, acid
disposal of ab:iwioned vehicle:,;.
"Public r:oj;,— tv" a puhhc right-of-way, str�>et,
highway, ;illt-y, ,;kirk, or other state, county, or municipal
property.
"Towing r,cy0i nu ans a husincss That engages in anoving
or removing disalded vehicles ,and, once removed, to store ur
impound vchi;�le,.
"Vehicle" refers to an automobile, motorcycle, truck, trailer,
semitrailer, to Aor, hus, school bus, recreational vehicle, or
motorized bicyc1c.
Sec. 3. Tho o%,,,ner of an abandoned vehicle is responsible
for the aband(m ncnt. and is liable, to the extent of the market
value of the vehicle, for all of the costs incidental to the
removal, storage, and disposal of the vehicle or the parts.
Sec. 4. (a) When an officer discovers a vehicle in the
possession (if a parson other than the owner and the persmi
cannot est.ahii;,ii his right to the possession of that vehicle, the
vehicle shall In, taken to and stored in a suitable place. The
bureau shall he notified within seventy-two (72) hours of the
location and da scription of the vehicle. Upon receipt of
notificatiun, did bureau shall cause a search to be made to
determine and n;)±ify the owner in accordance with section Wb)
of this chaptc a .
(b) If the ov, n� r of the vehicle cannot be determined, the
bureau shall d <:cWe the vehicle nh:anAmed and provide for ki
disposal at aw ri,idancv with this chapter.
(c) If the tart,,i,_ rly id ratified owner or lienholder appears at
the site of skx nv before disposal of div vehicle or parts and
pays A l;roror incurred againr,t it at that time, then the
vehicle or pwIF :hall be released. A copy of the release of all
vehicles or l a.rts shall he sent to the bureau. The release must
contain the { v, a;a r or lienholder's signature, name, addrcs:7,
vehicle ax past l+ascription, costs, and date of release.
mdica.ted by Lold type; deletions by &04a eoate
1981 FIRST REGULAR SESSION 909
(d) if the vehicle is not released to the owner or, lienliolder,
the bureau shall declare the vehicle abandoned and provide for
disposal in accordance with this chapter.
Sec. 5. (a) An officer who finds a vehicle or parts believed
to be J),�n Toned shall attaeb in a prominent place a notice tat;
cont,iinii�g the following information:
d,ate, time, officer's name, public agency, and
addrer s, .md telephone number to contact for information.
(2) I'h,at the vehicle or parts ,�re considered abandoned.
the vehicle nr pitrts will be removed after seventy-
t.ativo i rs.
(41 I'h;;t.. he owner will he held responsible for all costs
inc i�l,r,t,;l to the remnv;al, storage, and disposal, and if not
'lei, will bessndo
paid the {\', ner's refistration prn
that car.
(5j That the owner in ay avoid costs by removal of the
vehicle or p;_trts within ,,event. two (72) hours.
(b) If' the tagged vehicle or parts are not removed within
that seventy-two (72) hour period, the officer shall prepare a
written abandoned vehicle report of the vehicle or parts
including; information on the condition, missing parts, and
Other facts that miglit substantiate that the market value is less
than one hundred dollars (1$100). Photographs shall betaken to
describe the condition of the vehicle or parts.
(c) If, in the opinion of the officer, the market value of the
abandoned vehicle or parts is less than one hundred dollars
($100), t l;e ot,i'icer shall immediately dispose of the vehicle to an
automui�ilc ;.<,rapyard. A copy of the. ,abandoned vehicle report
ar<<1 1�1�t:�t,�aphs relating; to the abandoned vehicle shall be
d 0Ole bureau. The public agency disposing; of the
vehicic 11wil retain the urUjiml records and photogr,aphti forat
least tv") (.. � ;,-ears.
(d; I the opinion of the officer, the market value of the
�I chicle or parts is one hundred dollars (•.$ O0) or
rnoi (,, t i e r:; icer, before }alacin(; a notice tat; on the vehicle or
parts, :'a_dl ;:uakc a rcasunabiv effort,to ascertain the owner or
pers:�n �,ho >u,aN' be in control of the vehicle or parts. After
see riat� t,ti�k7`)) hours, the officer shall require the vehicle or
.wr•(l to a Storage ,area.
tits . u. ;;t, seventy two (72) hours after removal of
an ,a1);u ,,Iollcd vehicle to it storage area under section 5 of' this
ch,ig�t, tl:<< public agency shall prepare and forward to the
bure;tu,ata,:l:,uadonetivehiclereportcontaining idescriptionof
the vchl(4• Including; the make, model, engine number, if any,
identifi;<+tiuu number, and the number of the license plate, and
Aii:fuic.s" in text indicated by bold type; deletions by strikeouts
910 102ad GENERAL ASSEM111A
iequest that, the bureau advise the public agency of the Warne
and mo:,t r. cent mailint; adehrr,;s of the owner and any
lienholder.
(b) The hUrCaU shall:
(1) conducta reasonable search through the national
automobile theft bureau and the Indiana state Nice
department, to determine whether tho vehicle or parts have
been repia Led us stolen;
(2) conduct .a reasonably se:oclt of bureau records to
deterrnint- the, wner of the vehicle or parts or lienholder of
record; and
(3) if a search di;mclomrs the name and address of
the owner or li,mholdcr, mail it written notice, by first class
mail, to:
(A) th+, si;•r, with n cope to .eny if the lap all
disposes of Ow vehicle or
(R) the I)UMiC ,at,eney if the public ;4 ency dispose~ of the
vehicle;
indicating that the vehh10 or parts have been impoundPd at
a certain l�u��at ion and mint be I —)Ved within fifteen (l;})
days of t ho dlae• of mailhW of the notice and ad WAng that the
vehicle or },:�rts will be disposed of after that tune.
(0 IN bo.w au or the public agency AN further adds! the
owner or a-nv li; raholder that idl eusi : incurred in temovinvend
storing the e hi, -le or Marie, are his It taa1 responsibility.
Sec. i. (,i) I f the vehicle or parts .ere in such condition that
vylricle id,-n; ific ation 11un't1wi s or other means of identification
ar,2 net to determine the owner or lienholder, the
vehicle n:aN' 'bc eiispos.'d of v; ithout notice.
(b) If tl"c err lienholder do(-s not appear within fifteen
05) days ikU the mailing of notice, the hureau, or a
consohdacte�i cit �, sycond class cit}or county if it so elects, shall
sell the vehicle or paints to the highest bidder at a public sale
conducted after notice under IC 5r3-1, except only oa('. (1)
newspaper insertion one 0) weep before- the public sale is
required. Thy cousolidatecl city or second class city tray elect to
sell the vehicle or parts as unclaimed property in accordance
with I(.' 3fi 1 ,3 10 or other law, except that the fifteen (l5) d.ry
period for the propvAy to remain unclaimed is sufficient.
Sec. 8. The purchaser W11 he furnished a hill of sale for
each abanelonect vehicle sold by the bureau or public agency.
The fee for the bill of sale is six dollars ($6.00). Should the.
purchaser wish to obtain a title for the vehicle ac(uired, he
shall present evidence from at law enforcement agency that the
vehicle is roa(!%%orthy and pay the appropriate title fee.
Addit,t w, W text indicated by bold t)'pe; deletions by 0 k-)Wlt
19S'. FIRST REGULAR SESSION 911
Sec. 9. In ord(�,- to facilitate the removal of abandoned
vehicles or parts, the public agency may employ personnel and
acquire equipment, property, and facilities and enter into
towing contracts as necessary for the purpose of removal,
storage, and disposition of abandoned vehicles and parts. The
fiscal body may establish, by ordinance, procedures to
accomplish the purposes of this section.'
Sec. 10. tlpc�n complaint of it private property owner or
person in control of the property that a vehicle has been left on
the property for forty-eight (•18) hours or more without the
consent of the owner or person in control, an officer shall follow
the procedures set forth in section 5 of this chapter.
Sec. 11. Neither the owner, lessee, or occupant of the
property from an alr,cn(l(ned vehicle or parts are
removed nor a p,,))lW agency, towing service, or automobile
scrapyard is liable for loss or darnage to the vehicle or parts
occurring during its removal, storage, or disposition.
Sec. 12. The costs for, removal and storage of an abandoned
vehicle or parts notclaimed by the owner or lienholder shall be
paid from the abandoned vehicle account. The charge payable
by the owner or lienholder for towing, storing, or removing an
abandoned vehicle or parts may not exceed the limits
established by ordinance adopted iii section 16 of this chapter.
Sec. 13. 'The proceeds of sale of an abandoned vehicle or
parts in accordance with section 7 shall be, credited against all
costs incident to tlac removal, storage, and disposal of the
vehicle.
Sec. 14. (a) All proceeds from the sole of ahandoned
vehicles or that are gold by local units, including charges
for bills of sale, and all monies received from owners or
lienholders for the co-t of retruval or storage of vehicles shall he
deposited with tjoe county treasurer or city controller and
placed by him in the unit's "abandoned vehicle account". All
costs incurred by a 1�«l�lic agency in administering this chapter
shall be paid from the abandoned vehicle account. The fiscal
body shall annually appropriate sufficient monies to that
account for the pure of this chapter. All monies remaining
in the account at 1 he r�nci of each year remain in the account and
do not revert to the t,,cneral fund.
(b) All procoed., from the sale of abandoned vehicles or
parts that are sold by the bureau shall be deposited in the
abandoned vehicle account by the bureau rafter proper
allocation has hoer, inade for Lowing and storage charges.
(c) At the earl )fe,r h fiscal year, all monies deposited by the
bureau in exec:., of t�%-nty thousand (bdla s ($20,000) shall be
Additions in text u,;Iicated by bold type; c!eletions by &trikeouta
912 102nd GENERAL ASSEMBLY
transferred from the abandoned vehicle account to the motor
vehicle highway account.
• Sec. 15. This chapter does not apply to:
(1) a vehicle in operable condition specifically adapted or
constructed for operation on privately owned raceways;
(2) a vehicle stored as the property of a member of the
armed forces of the United States who is on active duty
assignment;
(3) a vehicle located on a vehicle sale lot, or at a commercial
vehicle servicing facility;
(4) a vehicle located upon property licensed or zoned os an
automobile scrapy ird; or
(5) a vehicle registered and licensed under IC 9 7 6 as an
antique vehicle.
Sec. 16. (a) The bureau in:l_v adopt. rules under IC 4-22-2 to
administer this chapter, and the bureau by rule shall establish
the guidelines for detcrinining the estimated value of the
vehicles.
(b) . The fiscal body by ordinance shall establish procedures
to carry out this chapter including:
(1) the charges allowed for towing and storage of
abandoned vehicles, which shall be filed with the bureau;
and
(2) the tneans of disposition of vehicles.
(c) Any rule adopted under, and applicable to, the prior
abandoned vehicle statutes (IC 9-9-1, IC 9-9-1.5, and IC 9-9-1.6)
continues in effect under this cimpter, if the provisions under
which it was adopted and to which it was applicable were
replaced, in the same or restated form, by corresponding
provisions of this chapter.
SECTION 2. IC 9 9 1; IC 9 9 1.5; and IC 9 9 l .6 are repealed.
Approved April 9, 1981.
Additions in text indicated by bold type; deletions by st,ikeoutG