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Home My Public Portal About018-1978 - Facilitate the removal and disposal of abandoned vehichlesGENERAL ORDINANCE NO. 18 -1978 AN ORDINANCE TO FACILITATE THE REMOVAL AND DISPOSAL OF ABANDONED VEHICLES IN THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA. WHEREAS, the State of Indiana has passed (IC 1971 9-9-1.5-1 -- IC 1971 9-9-1.5-14) the Abandoned Vehicle Act; and, WHEREAS, Section (IC 1971 9-9-1.5-6) and (IC 1971 9-9-1.5-7) each provide for a City, by ordinance of Common Council of such City, to set out procedures to facilitate the accomplishment of the purposes of said Statutes (IC 1971 9-9-1.5-1 -- IC 1971 9-9-1.5-15) and, WHEREAS, the Common Council of the City of Richmond, Indiana, has determined that it is in the best interest of the Citizens of said City and for the general welfare thereof to enact an ordinance to so facilitate the removal and disposition of abandoned vehicles from said City. NOW THEREFORE, be it ordained by the Common Council of the City of Richmond, Wayne County, Indiana, that: SECTION 1. There shall be a revolving fund, known as the "Junk Vehicle Fund" set up by the City Controller in conformance with IC 1971 9-9-1.5-13. SECTION 2. That for the purpose of this ordinance, the following terms shall have the following meaning: (a) "Vehicle" means any motor vehicle, automobile, motorcycle, truck, trailer, semitrailer, truck tractor, bus, school bus, recreational vehicle, or motor bicycle. (b) "Abandoned" when used in conjunction with the term vehicle, means: (1) Any vehicle located on public premises, including but not limited to any public street or highway, which does not have lawfully affixed thereto or displayed thereon a valid un- expired license plate and inspection sticker permitting its opera- tion upon the highways of the state of Indiana; or (2) Any vehicle which is left on public premises con- tinuously without being moved for a period of seven (7) days; or (3) Any vehicle located on public premises illegally or in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or other vehicle traffic on a public right-of-way, street or highway; or (4) Any vehicle that has remained on private premises, without the consent of the owner or person in control of such premises, for more than forty-eight (48) hours; or (5) Any vehicle from which there has been removed the engine or transmission or differential or which is otherwise partially dismantled or inoperable and left on public premises; or (6) Any vehicle which has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance other than IC 1971 9-9-1.5-1 thru IC 1971 9-9-1.5-15, the violation of which may require the removal and impoundment of said motor vehicle, and which motor vehicle once impounded is not claimed or redeemed by the owner or his agent within thirty (30) days of its removal. (c) "Public premises" means any public right-of-way, street, highway, alley, park, or other state, county, or munici- pally owned property. (d) "Private premises" means all privately owned pro- perty which is not classified within the definition of public premises. (e) "Person" means all natural persons, firms, partner- ships, and corporations. (f) "Officer" means any regular member of the Indiana State Police, any regular member of a City Police Department, or any regular member of the County Sheriff's Department. (g) "Bureau" means the bureau of motor vehicles of the state of Indiana. (h) "Owner" means the last known record title holder to a vehicle according to the record of the bureau under the provisions of IC 1971 9-1-1 (9-1-1-1 - 9-1-1-10). (i) "Public agency" means the department of local government which is assigned the local responsibility for re- moval, storage and disposal of abandoned vehicles by ordinance of the common council, town board or county council. (j) "Scrap metal processor" means an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron and scrap steel or non- ferrous scrap for sale for remelting purposes. (k) "Disposal agent" means any firm or individual en- gaged in business as a scrap metal processor or automobile wrecker. (m) "Commissioner" means the commissioner of the bureau. (n) "Parts" means all component parts of a vehicle which are in a state of disassembly, or are assembled with other vehicle component parts, but which, in their state of assembly, do not constitute a complete vehicle. (o) "Towing service" means a business organized for the purpose of moving or removing disabled motor vehicles and, once removed, to store or impound such motor vehicles. SECTION 3. It is the purpose of this ordinance to provide for the disposal of abandoned or junk vehicles which are discarded or otherwise permitted to remain on public property or private pro- perty without the permission of the person having the right to possession of the property upon which the motor vehicle was left. SECTION 4. The Common Council finds that abandoned or junk vehicles which are located on public property or private property without the permission of the person having the right to possession of the property upon which the motor vehicle was left are detri- mental to the safety, morals and welfare of the general public and - 2 - a detriment to the economic welfare of the City by producing a scenic blight which is adverse to the maintenance and con- tinuing development of this municipality in the state of Indiana, and such vehicles are declared to be a public nuisance and safety and health hazard. SECTION 5. No person shall abandon a vehicle on any public pre- mises or private premises without the permission of the person having the right to possession of the property upon which the motor vehicle was left. SECTION 6. These is hereby created a prima facie presumption that the owner of an abandoned vehicle is responsible for the abandonment and is thereby liable for all of the costs incidental to the removal, storage and disposal of such vehicle. Notwith- standing any other provisions of IC 1971 9-9-1.5-1 thru IC 1971 9-9-1.5-14, any person, firm, corporation, or unit of government upon whose property or whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is lost or destroyed may dispose of such motor vehicle to a disposal agent as defined in section 4 (3), IC 1971 9-9-1.5-3, without that title or without securing a title if the motor vehicle is valued at less than one hundred dollars ($100) and removal is made in conformity with section 6 IC 1971 9-9-1.5-6. SECTION 7. That upon any officer finding a vehicle abandoned according to the definition and terms set out in Section 2 hereof shall proceed to cause it to be removed according to and pursuant to the procedure set out in IC 1971 9-9-1.5-6 - 9-9-1.5-7. SECTION 8. That the impounding authority shall, upon receipt of any vehicle under the terms of this ordinance, immediately pro- ceed with the disposition of said vehicle according to IC 1971 9-9-1.5-8. SECTION 9. That upon complaint of any owner or person in control of the premises that a vehicle has been left on said premises for forty-eight (48) hours or more without the consent of said owner or person in control thereof, an officer shall follow the proce- dures set forth in section 6 (IC 1971 9-9-1.5-6) or section 7 (IC 1971 9-9-1.5-7) of IC 1971 9-9-1.5-1 thru IC 1971 9-9-1.5-15, depending upon his appraisal of the value of the vehicle, and if not removed within the time specified, said vehicle shall be disposed of following the procedures outlined in said section. SECTION 10. The proceeds of sale of an abandoned vehicle in accordance with sections 6, 8 or 9'(IC 1971 9-9-1.5-6, IC 1971 9-9-1.5-8, IC 1971 9-9-1.5-9),,shall be credited against all costs incident to the removal, storage and disposal of such vehicle. SECTION 11. The towing charges for to the impound area to be charged to be fifteen dollars ($15.00) and the owner of an impounded vehicle shall of actual storage of said vehicle. the removal of any vehicle the owner of a vehicle shall storage charges charged to any be two dollars ($2.00) per day - 3 - SECTION 12. That the proceeds of the sale or disposition of any abandoned vehicle or parts thereof shall go to the City Controller and be placed by him in the "Junk Vehicle Fund" and the City Controller shall use such funds only in conformance with the terms of IC 1971 9-9-1.5-13. SECTION 13. The exceptions to this ordinance shall be as follows: (a) Any vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways; (b) Any vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment; (c) Any vehicle located on a vehicle sale lot, at a commercial vehicle servicing facility or a vehicle located upon premises duly licensed or zoned as a junkyard, auto graveyard or scrap processing facility; and (d) Any motor vehicle eligible for registration and licensing under IC 1971, 9-7-6 (IC 1971 9-7-6-1 thru IC 1971 9-7-6-6) as an antique motor vehicle. SECTION 14. That the Board of Public Works and Safety shall designate an Abandoned Vehicle Officer who shall have the specific responsibility of carrying out the terms of this ordinance relating to the removal of any vehicle to the impound area. SECTION 15. That the Board of Public Works and Safety shall de- signate an impoundment officer who shall have the specific res- ponsibility of carrying out terms of this ordinance relating to the impounding, sale, and/or disposition of any impounded vehicle in the City of Richmond, Indiana. SECTION 16. That the Board of Public Works and Safety shall pro- mulgate such rules and regulations as it deems necessary for the operation and maintenance of impoundment area. SECTION 17. That all provisions of this ordinance shall be in conformance with and not in conflict with IC 1971 9-9-1.5-1 thru IC 1971 9-9-1.5-14 and any provision hereof found to be in con- flict with said statute shall be deemed amended to conform to said statute, and that this ordinance is passed pursuant to said IC 1971 9-9-1.5-1 thru IC 1971 9-9-1.5-14 for the purpose of facilitating the removal and disposition of abandoned vehicles in the City of Richmond, Indiana. SECTION 18. That Section 11.04 of the Municipal Code of the City of Richmond, Indiana, is hereby repealed, and this Ordinance No.ig -1978 shall be designated as Section 11.50 - 11.68 of the Municipal Code of the City of Richmond, Indiana. SECTION 19. This ordinance shall be in full force and effect from and after its passage, adoption and publication as provided by law. - 4 - PASSED AND ADOPTED BY THE COMMON COUNCIL OF 74E CITY OF RICHMOND, Wayne County, Indiana, this day of ti: 1978 c -- Pr ident of the C6mmon Council ATTEST: `City Clerk PRESENTED by me, the City Clerk, to the Honorable Mayor of the City of Richmond, Indiana this 3 2L day of 1978. City Cletk-- APPROVED by me, this 2 day of 1978. -� Mayon ATTEST: ,Gli�`.'�,z`�,E City Clerk - 5 -