§ 30-1. Farm implements, manufacturing equipment and unlicensed, inoperable vehicles.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. All definitions and terminology used in this section shall be defined in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

Motor vehicle and vehicle mean any vehicle which is or was equipped with a motor and any portion of a motor vehicle which is detached from the main portion of any vehicle. The same interpretation shall apply to farm equipment and manufacturing equipment.

(b)

Purpose; nuisance declared. The purpose of this section is to protect the health of the citizens of the city from damage and disease from vermin, insects and rodents, and to protect the children of the community from attraction by such items as prohibited in this section. The parking of inoperable motor vehicles, farm implements and manufacturing equipment are hereby declared to be a public nuisance, except when stored in a lawfully operated junkyard.

(c)

Time limits, licensed business exception. It shall be unlawful for any person to store, or allow to remain in the open, upon any public or private property within the city any inoperable and unlicensed motor vehicle, farm implement or manufacturing equipment for a period of five days on public property or for a period of 15 days or more on private property unless it is in connection with an automotive, farm implement or manufacturing equipment sale or repair enterprise which operates under a duly issued and exhibited store license and is located in a properly zoned area.

(d)

Order to remove from public property. Whenever the chief of police shall find any such vehicle or equipment placed or stored in the open upon public property within the city, he shall issue an order to the owner of such property to remove such property within three days. Notice of such order shall be placed upon the property to be removed. If such property is not removed within three days pursuant to such order and notice, the chief of police shall cause such property to be removed by a junk or salvage yard dealer or wrecker service, and the costs and expenses of such removal by the junk and salvage yard or wrecker service are to be paid by the owner of such property.

(e)

Order to remove from private property. Whenever the chief of police shall find any such vehicle, farm machinery or manufacturing equipment placed or stored in the open upon private property within the city, he shall issue an order to the owner of such equipment to remove the equipment within ten days. Notice of such order shall be placed upon such equipment and copies of such notice shall be served upon any adult occupying the real estate on which the property is located and upon the owner of the property if his name and whereabouts are known. If no occupant of the real estate or owner of such property can be found, a notice affixed to any building on the real estate shall constitute notice to the owner and occupant of the real estate and to the owner of such property. It there is no building on the real estate, such notice may be affixed elsewhere on the real estate. If such property is not removed within ten days pursuant to such order and notice, and if such order is not stayed by the issuing officer pursuant to a written request showing good cause for a permanent or temporary stay, the chief of police of the city shall cause such property to be removed by a junk and salvage or wrecker service, the costs and expenses of such removal by the junkyard and salvage yard or wrecker service are to be paid by the owner of such property.

(f)

Exceptions. The provisions of this section shall not apply to auto salvage yards and/or junkyards that are duly operated and licensed by the state and city, and are operated and located in properly zoned areas.

(Code 1974, § 10-1; Ord. No. 72-4, p. 3)

State law reference

State procedures for handling of abandoned cars, see Public Law No. 86 of the 1972 Indiana Acts as it amends IC 1971, § 9-9-1.