Editor's Note: This ordinance received its first approval by Town Council on Aug. 15th, 2016



ORDINANCE NO. 2016-11

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF HOPE, INDIANA, AMENDING CHAPTER 8, ARTICLE 10, SECTIONS 8-65 THROUGH 8-70 OF THE HOPE TOWN CODE



WHEREAS, there are numerous abandoned vehicles in the Town of Hope, and

WHEREAS, the Town Council of the Town of Hope has decided that it is in the best interest of the Town of Hope to update its ordinance concerning the removal of abandoned vehicles.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF HOPE, INDIANA, AS FOLLOWS:

SECTION I. Chapter 8, Article 10, Section 8-65 through 8-70 of the Hope Town Code are hereby amended to read as follows:

Section 8-65 Purpose.

Indiana Code 9-22-1-29 authorizes the Town to enact provisions concerning the disposition of abandoned vehicles for purposes of this Article, the term "abandon vehicle" shall be defined as set forth by Indiana Code 9-13-2-1, and shall include a vehicle that is partially dismantled, non-operating, wrecked, junked, otherwise mechanically inoperable or not properly registered and/or plated and is left on private property continuously in a location visible from public property for more than twenty (20) days. (193 Hope Municipal Code, 7.12.010).



Section 8-66 Designation - Renewal.



a. Whenever a police officer of the Town finds a vehicle to be an abandoned vehicle, he or she shall:



1. Attach to it a notice to remove pursuant to Indiana Code 9-22-1-11 and 9-22-1-15. A copy of said notice shall be placed in the door of a residence or building located on the property.



2. At the time of attaching the notice, the officer shall photograph the vehicle, and shall record the vehicle identification number of the vehicle, if possible.



b. The Police Department is authorized to order the removal of any abandoned vehicle with the Town which has not been removed within the time provided by the above notice and pay an abandoned vehicle fee in the amount of fifty dollars ($50.00). Any vehicle removed pursuant to this Article may be removed by the Police Department or by a commercial towing firm; the Town may enter into any contracts with commercial towing firms or with garages for necessary removal and storage services.



1. The Police Department shall prepare or cause to be prepared any required abandoned vehicle report including the condition, missing parts; and shall take or cause to be taken photographs to describe the condition of the vehicle.



Section 8-67 Storage.



Any vehicle removed pursuant to this Article shall be impounded until lawfully claimed or disposed of in accordance with the Indiana Code. Copies of the abandoned vehicle report and photographs may be forwarded to the Bureau of Motor Vehicles.



An impounded vehicle shall be stored at a privately owned garage designated by the Town. Notice of the impoundment shall be given in accordance with the Indiana Code.



Section 8-68 Towing and Storage Fees.



a. The owner or lienholder, or the authorized representative of an owner or lienholder, of any abandoned vehicle which has been removed and impounded pursuant to this Article may appear and claim said vehicle before disposal. The removal and storage fees for an impounded vehicle shall be in accordance with the following schedule:



1. Towing: Actual Costs.



2. Storage of Vehicles: Actual Costs.



b. Upon Payment of the above fees and proof of entitlement, the vehicle shall be released to the claimant.



c. The above schedule of fees shall be filed with the Bureau of Motor Vehicles as required by statute. (1983 Hope Municipal Code 7.12.040)









Section 8-69 Immediate Impoundment of Special Events.

Whenever the presence of a vehicle in a public place constitutes an immediate hazard to the public safety, including, but not limited to, vehicles parked so as to obstruct traffic of movement during special events of the Town of hope, a police officer of the Town may cause such vehicle to be impounded immediately and within twenty-four (24) hours shall send notice of the impoundment by certified mail to the owner of such vehicle, if known, stating the fact that the vehicle has been impounded, the location thereof, and the right of the owner to secure possession of such vehicle upon payment of the fees set forth in Section 8-68 of this Chapter. (1983 Hope Municipal Code, 7.12.050)

Section 8-70 through Section 8-74 Reserved for Future Use.



Section II

All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby repealed.

Section III

This Ordinance is hereby passed and adopted at a regular meeting of the Town Council of the Town of Hope, Indiana this _______ day of ___________________________, 2016