HomeMy WebLinkAbout11293-26 Amending Chapter 20, Article 3 of the South Bend Municipal Code to Update Definitions, Procedures, and Enforcement Provisions Relating to Abandoned Vehicles ORDINANCE No .
11293-26
Passed by the Common Council of the City of South Bend, Indiana
July 27, 20 26
Attest: itAisoet/J, t-- City Clerk
Bianca L. Tirado
Attest: ). President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 28, 20 26
4,1,a,(4,-,01- 1,Ivair-- City Clerk
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Bianca L. Tirado
Approved and signed by me iir,60- 6/ 20 26
17. iliV1// Mayor
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BILL NO. 41-26
ORDINANCE NO. 11293-26
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 20, ARTICLE 3 OF THE SOUTH BEND
MUNICIPAL CODE TO UPDATE DEFINITIONS, PROCEDURES,AND
ENFORCEMENT PROVISIONS RELATING TO ABANDONED VEHICLES
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that abandoned vehicles present risks to public health, safety,
and welfare, contribute to neighborhood deterioration, impede the orderly use of public rights-of-
way and private property, and may create hazardous conditions affecting residents and visitors.
The Council further finds that the City's abandoned vehicle regulations should be periodically
updated to ensure consistency with Indiana law and to provide effective administrative tools for
vehicle removal and disposition.
The purpose of this ordinance is to revise and modernize the City's abandoned vehicle
regulations by: (1) Clarifying the definitions applicable to abandoned vehicles and related terms;
(2) Aligning local procedures with Indiana Code Chapter 9-22-1 governing abandoned motor
vehicles; (3) Establishing clear standards for addressing vehicles abandoned on public property,
public rights-of-way, and private property; (4) Providing effective procedures for notice, towing,
storage, removal, and disposal of abandoned vehicles and for the recovery of associated costs; (5)
Preserving neighborhood appearance and property values by addressing vehicles that are
mechanically inoperable, dismantled, improperly stored, or otherwise abandoned; and (6)
Clarifying statutory exceptions applicable to certain classes of vehicles,including antique,historic,
military, and specialty vehicles.
It is the intent of the Common Council that these provisions be interpreted and administered
in a manner that promotes public safety, protects property rights, supports neighborhood
revitalization efforts, and provides the City with efficient and legally compliant mechanisms for
addressing abandoned vehicles throughout the community.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, as follows:
SECTION I. Chapter 20, Article 3 of the South Bend Municipal Code shall be amended as
follows:
ARTICLE 3. ABANDONED VEHICLES'
Sec. 20-27. Nuisance declared; public agency designated; revolving fund established.
(a) Abandoned vehicles are detrimental to the health and safety of the general public and are
declared to be a public nuisance and a health and safety hazard.
(b) The Board of Public Works shall be the public agency responsible for the removal, storage
and disposal of abandoned vehicles. The Board shall act through the Department of
Community Investment, and may employ personnel and acquire equipment, property and
facilities and enter into contracts as necessary for the purpose of removal, storage and
disposition of abandoned vehicles.
(c) An "Abandoned Vehicle Fund" is created into which all proceeds from the sale of
abandoned vehicles, and all handling expenses recovered shall be placed. The Common
'Editor's note(s)—Ord. No.6971-81,enacted Oct. 12, 1981,effected a total revision of former Art.3, §§20-27-20-
30.Said former sections pertained to similar subject matter and were derived from Ord. No.6333-78, §1;
Ord. No.6383-78,§ 1;and Ord. No.6492-78, § 1.
State law reference(s)—Abandoned vehicles generally, IC 9-22-1-1 et seq.
Council shall annually appropriate sufficient tax monies to said fund and any monies
remaining in the fund at the end of the year shall not revert to the general fund.
(d) IC 9-22-1-1 et seq., the "Abandoned Motor Vehicles" chapter, as promulgated by the
Indiana State Legislature, is made a part of this article and shall govern all areas not
specifically addressed herein.
Sec. 20-28. Definitions.
For the purpose of this article the following terms shall have the following meanings:
(a) Abandoned vehicle means:2
(1) A vehicle located on public property illegally;
(2) A vehicle left on the public right-of-way without being moved for three (3) days;
(3) A vehicle left on public property owned by the City, other than the public right-
of-way, without being moved for twenty-four(24)hours;
(4) A vehicle located on public property in such a manner as to constitute a hazard or
obstruction to the movement of pedestrian or vehicular traffic on a public right-of-
way;
(5) A vehicle 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;
(6) A vehicle from which the engine, transmission, or differential has been removed
or that is otherwise partially dismantled or inoperable and left on public property;
(7) A vehicle that has been removed by a towing service or public agency upon
request of an officer enforcing a statute or an ordinance other than this article, if
the impounded vehicle is not claimed or redeemed by the owner or the owner's
agent within twenty (20) days after the vehicle's removal;
(8) A vehicle which is at least three(3) model years old, is mechanically inoperable,
and is left on private property continuously in a location visible from public
property for more than twenty (20) days. For purposes of this subsection, a
vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile
covering is considered to be visible; or
(9) A vehicle that was repaired or stored at the request of the owner that has not been
claimed by the owner and for which the reasonable value of the charges
associated with the repair or storage remain unpaid for more than thirty (30) days
after the date on which the repair work is completed or the vehicle is first stored..
(b) Automobile scrapyard means a business organized for the purpose of scrap metal
processing, automobile wrecking, or operating a junkyard.
(c) Bureau refers to the Bureau of Motor Vehicles.
(d) Fiscal body means the Common Council of the City of South Bend, Indiana.
(e) Officer means a regular member of the South Bend Police Department and any
Neighborhood Code Enforcement Officer.
(f) Owner means the last known record title holder of a vehicle, according to the records
of the Bureau under IC 9-17-1-1 et seq.
(g) Person means an individual, firm, corporation, association, fiduciary or government
entity.
(h) Private property means all property other than public property.
(i) Public agency means the Board of Public Works.
(j) Public property means a public right-of-way, street, highway, alley, sidewalk, park or
other municipal property.
(k) Towing service means a business that engages in moving, removing, storing and
impounding disabled vehicles.
'State law reference(s)—IC 9-13-2-1 sets forth the state's definition for"abandoned vehicle."
(1) Vehicle has the meaning set forth in I.C. 9-13-2-196, as amended.
(m) Visible from public property means that a vehicle can be seen from public property and
includes vehicles which have been covered by a temporary covering that allows the
form and outline of the vehicle to remain visible from public property.
Sec. 20-29. Procedure for notice, removal and disposal of abandoned vehicles; fees.
(a) No person shall abandon a vehicle on any public or private property without the permission
of the person having the right to possession or control of the property upon which the
vehicle is left.
(b) The owner of an abandoned vehicle is responsible for the abandonment 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 same.
(c) The procedure for tagging, removal, storage, and disposal of abandoned vehicles shall be as
set forth in Indiana Code 9-22-1 et seq., as amended.
(d) Fees: In accordance with this article the owner shall be charged a fee for the towing and
storage of his vehicle. The fee for towing vehicles pursuant to this section shall not exceed
five hundred dollars ($500.00) based on actual charges incurred. The fee for storage of
vehicles pursuant to this section shall not exceed fifty dollars ($50.00) per day, based on
actual charges incurred. The charges fixed by the City for towing and storage of abandoned
vehicles shall be filed with the Bureau.
(e) Upon complaint of a private property owner or person in control of the property upon which
a vehicle has been left for more than forty-eight(48) hours without the consent of the owner
or person in control, an officer shall follow the procedure set forth in this article for removal
of said vehicle.
(f) Neither the owner, lessee or occupant of the property from which an abandoned vehicle is
removed, or any public agency, towing service or automobile scrapyard, is liable for any
damage to the vehicle occurring during its removal, storage or disposition.
(g) Under the authority set forth in Indiana Code 9-22-1-31, the City may establish procedures
for carrying out the provisions of this Section, including but not limited to contracting for
the services described herein.
Sec. 20-30. Exceptions.
This article does not apply to the following vehicles:
(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 sales lot;;
(4) A vehicle located upon property licensed or zoned as an automobile scrapyard; or
(5) An antique vehicle registered and licensed under I.C. 9-18-12 (before its expiration), a
historic vehicle licensed under I.C. 9-18.5-34, or a military vehicle registered under
I.C. 9-18.1-8;
(6) A golf cart; or
(7) An off-road vehicle.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor and any publication required by law.
Canneth J. L , Council President
South Bend Common Council
Attest:
1/40(1,0tr, ltkir--
Bianca L. Tirado it Y Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 28th day of July , 2026, at 12 o'clock p.m.
Bianca L. Tirado, y Clerk
Office of the City Clerk
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Approved and signed by me on the day of /.y ;J , 2026, at I( o'clock
S .m. 1
Jam Mueller, Mayor
Ci of South Bend, Indiana