Indianapolis-Marion County Revised Code § 995-301 Application.
Sec. 995-301. - Application.
The provisions of this article apply only to non-consensual tows that originate in the city.
(G.O. 26, 2011, § 1)
NON-CONSENSUAL TOW REQUIREMENTS AND RESTRICTIONS
Indianapolis-Marion County Revised Code tit. IV, ch. 995, art. III
in effectIndianapolis-Marion County Revised Code § 995-302 Tows from a parking lot.
Sec. 995-302. - Tows from a parking lot.
(a) It shall be unlawful for a licensed tow business or tow truck operator to tow a vehicle from a parking lot unless the parking lot owner or the owner's authorized agent, present at the time of the tow, signs a contemporaneous specific written authorization for the tow of a vehicle.
(b) The written authorization shall include the following information:
(1) The make, model, year, vehicle identification number, and license plate number of the vehicle to be towed;
(2) The address of the parking lot from which the vehicle is to be towed;
(3) The signature and printed name of the person authorizing the tow;
(4) A written statement indicating the date and time of the authorization, that the person authorizing the tow is the owner of the parking lot or the owner's authorized agent;
(5) A written statement affirming that the owner of the parking lot will be liable for any damages which may be awarded to the owner of the towed vehicle if the vehicle is towed improperly;
(6) A written statement describing why a vehicle was subject to tow; the statement shall describe how the vehicle was parked in a manner inconsistent with posted instructions, how the vehicle interfered physically with the conduct of normal business operations of the person who owns or controls the parking lot, or how the vehicle posed a threat to the safety or security of persons or property; and
(7) Any other information deemed necessary by the license administrator.
(c) For purposes of subsection (a) of this section, a tow business owner or employee, or tow truck operator, may not act as the parking lot owner's authorized agent.
(d) Notwithstanding the provisions of subsection (c) of this section, a tow business owner or employee, or tow truck operator, may act as the parking lot owner's authorized agent if:
(1) The parking lot is for multifamily rental dwelling which provides permit parking twenty-four (24) hours a day, seven days a week for its tenants or guests;
(2) Parking permits, to be placed in vehicles, are provided to tenants at lease signing; a tow business shall obtain an affidavit from the property owner so stating, and it shall be kept pursuant to the provisions of section 995-307;
(3) The parking permits are made to be easily identifiable and observable from outside the vehicle and;
(4) Video or photographic documentation to attest to the propriety of the tow is made and kept as part of the authorization required under subsection (b) above.
(G.O. 26, 2011, § 1)
Indianapolis-Marion County Revised Code § 995-303 Signs required to be posted on parking lot; exception.
Sec. 995-303. - Signs required to be posted on parking lot; exception.
(a) It shall be unlawful for any tow business or tow truck operator to tow a vehicle unless the parking lot in which the vehicle is parked has signage, posted in plain view at each entrance and exit, that has been permanently installed for a minimum of twenty-four (24) hours prior to any vehicle being removed. The license administrator may prescribe additional specifications for the construction, placement, content, lettering and number of required signs.
(b) Notwithstanding the provisions of subsection (a), a vehicle may lawfully be towed if:
(1) The vehicle's owner is notified that the vehicle is unauthorized to park and is subject to being towed at the expense of vehicle's owner;
(2) A vehicle is parked in such a manner that it restricts normal operations of a business during its business hours; or
(3) A vehicle is otherwise unlawfully parked pursuant to this Code, state statute, or other law.
(G.O. 26, 2011, § 1)
Indianapolis-Marion County Revised Code § 995-304 Additional requirements.
Sec. 995-304. - Additional requirements.
(a) A tow business and a tow truck operator must comply with all applicable federal, state and local law. It shall be unlawful to commit an act in violation of the provisions of this section.
(b) The practice of booting a vehicle to hold it for towing is prohibited.
(c) All vehicles that are towed under this chapter shall be towed directly and continuously to a vehicle storage facility leased or owned by the tow business, and shall not be placed or kept in any temporary holding area.
(d) All vehicles towed must be stored within the county or within a fifteen (15) mile radius of where the tow originated.
(e) A towed vehicle shall be available to be claimed within sixty (60) minutes of its being towed or within thirty (30) minutes of its arrival at a vehicle storage facility, whichever is less, and the vehicle shall be released promptly upon payment of fees and demonstration of proof of ownership such as title or registration of vehicle.
(f) A tow business and tow truck operator shall allow the vehicle's owner a reasonable amount of time to remove or retrieve personal property or possessions that are not affixed, from a vehicle. The retrieval of possessions may be at the scene of the tow or at the vehicle storage facility prior to payment. A tow business or tow truck operator is prohibited from charging a fee for this retrieval or to refuse to allow retrieval of such possessions.
(g) A release or waiver of liability of any kind is prohibited as a condition of the release of the vehicle. A tow business may require proof of identification of the person retrieving a vehicle. The person retrieving the vehicle is not required to be the owner of the vehicle.
(G.O. 26, 2011, § 1)
Indianapolis-Marion County Revised Code § 995-305 Towing and storage fees.
Sec. 995-305. - Towing and storage fees.
(a) It shall be unlawful to charge any fee associated in any way with the towing and storage of a vehicle under this chapter, except as follows:
(1) For the towing of a vehicle, the maximum fee shall be one hundred and fifty dollars ($150.00);
(2) For the storage of a towed vehicle, the maximum fee for each twenty-four-hour period of storage shall be thirty dollars ($30.00); provided, however, that a storage fee may not begin to accrue until twenty-four (24) hours have passed since the vehicle arrived at the vehicle storage facility; or
(3) A tow business is permitted to require proof of insurance for the vehicle if the owner wishes to drive the vehicle from the storage facility. Tow business is prohibited from denying release of the vehicle based on proof of insurance but may charge a set out fee not to exceed twenty-five dollars ($25.00) for removing vehicle from storage facility.
(b) This fee limitation does not restrict fees being charged for other services that may be requested by the vehicle's owner.
(c) The license administrator may review and adjust the fee limitations provided in this section by the promulgation of a regulation.
(d) Notwithstanding the provisions of subsection (a) of this section, the fee limitation does not apply to a towed vehicle having a gross vehicle weight of thirteen thousand (13,000) lbs. or greater.
(e) If it is determined that a vehicle is towed in violation of this chapter, towing and storage fees which have been paid may be recovered by the vehicle's owner. Liability for damage to a towed vehicle is not limited by the provisions of this chapter.
(f) It is unlawful for a person, including a tow business or tow truck operator to offer, pay, or rebate money or other valuable consideration to the owner of a parking lot for the authority to tow vehicles from that owner's parking lot.
(g) When the vehicle's owner is present and desires to remove the vehicle from a parking lot before it is towed, the vehicle shall not be towed nor a fee charged; however, if a tow truck is attached to the offending vehicle and at least two (2) tires have been lifted off the ground at the time the vehicle's owner arrives, the vehicle shall not be towed but shall be released to the owner upon cash payment of a reasonable fee, not to exceed one half of the regular towing fee in lieu of towing the vehicle.
(G.O. 26, 2011, § 1)
Indianapolis-Marion County Revised Code § 995-306 Vehicle storage facility requirements; method of payment; receipt.
Sec. 995-306. - Vehicle storage facility requirements; method of payment; receipt.
(a) It shall be a violation of this code to commit any act in the city that is not in compliance with the provisions of this section.
(b) A tow business that tows a vehicle under this article shall provide:
(1) At the vehicle storage facility either an attendant who is on site twenty-four (24) hours per day, seven (7) days per week excluding holidays, to return any vehicle claimed by the vehicle's owner, upon the payment of towing and storage charges; or
(2) A conspicuously located and well lighted sign at the vehicle storage facility that states the telephone number where the owner, manager, or attendant of the vehicle storage facility may be reached at any time twenty-four (24) hours per day, seven (7) days per week, excluding holidays, so that a towed vehicle may be claimed in a minimum amount of time, not to exceed sixty (60) minutes.
(c) A tow business that tows a vehicle twenty (24) hours before a holiday or during a holiday must adhere to the provisions of this section to allow a vehicle to be retrieved on a holiday.
(d) Storage fees shall not accrue for any day in which a storage facility is not open for vehicle redemption.
(e) A tow business that tows a vehicle under this article shall accept payment for towing and storage fees by any of the following forms of payment:
(1) Cash in United States currency;
(2) Travelers' checks or money orders payable in United States currency; or
(3) Debit cards and all major credit cards including Visa, MasterCard, Discovery, and American Express. An additional charge shall not be imposed for the use of a debit or credit card.
(e) Upon payment of authorized towing and storage fees, a tow business that tows a vehicle under this article shall provide a receipt to the vehicle's owner that contains the following information:
(1) The name and address of the tow service business;
(2) The address from which the vehicle was towed;
(3) The date and time that the vehicle was towed;
(4) The date and time that the vehicle entered the facility at which it was placed for storage;
(5) An itemized list of all the fees that are being charged; and
(6) A name of the property owner or authorized agent who requested the tow.
(G.O. 26, 2011, § 1)
Indianapolis-Marion County Revised Code § 995-307 Records required to be kept.
Sec. 995-307. - Records required to be kept.
(a) A tow business shall be required to submit information in electronic format to the city's centralized reporting system pertaining to towed vehicles pursuant to regulations established under this article.
(b) A tow business shall maintain a copy of any agreement with a parking lot owner that authorizes the towing of vehicles.
(c) A tow business shall maintain a legible record, in a written or electronic form approved by the license administrator, which shall show the following information for each vehicle that it towed under the provisions of this chapter:
(1) The written authorization for the tow described in section 995-302;
(2) The date and time that the vehicle was towed;
(3) The date and time that the vehicle entered the facility at which it was placed for storage; and
(4) The towing and storage fees actually charged.
(d) Records under subsection (b) and (c) above shall be maintained for a period of two (2) years from the date of each tow, and shall be made available for inspection by the city during normal business hours.
(G.O. 33, 2011, § 11)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH995NNSTOBU_ARTIIINNSTOREREFetched: 10/27/2026