IMPOUNDMENT AND REMOVAL OF VEHICLES

Indianapolis-Marion County Revised Code tit. III, ch. 611, art. II

in effect

Indianapolis-Marion County Revised Code § 611-201 Purpose.

Sec. 611-201. - Purpose. It shall be the purpose of this article to authorize the impoundment of vehicles that, due to their location or condition, or which have been involved in violations of law, constitute a threat to the health, safety or welfare of the community or warrant temporary custody by the police or the department of business and neighborhood services. (G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 611-202 Definitions.

Sec. 611-202. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section. Accident means a collision of vehicles or a vehicle and an object on a public street, highway, right-of-way or publicly owned property. Franchise means the authority to tow vehicles on behalf of the city. Franchise fee means money paid by the franchise wrecker to the city. Impound, impounded and impoundment means the act of taking temporary custody of a vehicle and towing it from private property, a public street, highway or right-of-way to an authorized secured storage facility. Inspector means a department of business and neighborhood services employee authorized to serve notices for violations of this chapter or chapter 621, but who does not have general police powers. Officer means and includes any member of the Indianapolis Metropolitan Police Department. Police hold means an order from the Indianapolis Metropolitan Police Department to impound a vehicle because of its suspected involvement in criminal activity. Redeemer means the vehicle's operator, owner or authorized representative. Storage fee means that certain sum of money charged to the redeemer for the safekeeping of the impounded vehicle. Tow means the act of lifting, pushing, pulling or removing a vehicle. Towing fee means money charged to the redeemer of a towed vehicle. Vehicle means a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery, and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, watercraft, aircraft and any other type of machinery designed to transport a person or property. Wrecker means and includes any person engaged in the business of offering the services of a towing vehicle for use in removing, pulling, lifting, pushing, or carrying another vehicle , and this term shall include the employees, agents and towing vehicles used in the business of providing towing services. (G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 611-203 Certain vehicles declared a public nuisance.

Sec. 611-203. - Certain vehicles declared a public nuisance. The following vehicles hereby are declared to be a public nuisance: (1) Any vehicle parked or left standing unattended upon any street or public place in the city in violation of any of the provisions of this Code or of any statute of the state; (2) Any vehicle known to have been stolen or wrecked and left standing on any street or public place, or any vehicle the operator of which is unable to move such vehicle by reason of his or her incapacity from injury or arrest; (3) Any inoperable vehicle that is stored, maintained, or kept in violation of section 621-127 of this Code, and is not the property of a member of the Armed Forces of the United States who is on active duty assignment; and (4) Any vehicle upon which there is a police force hold or which has been involved in four (4) or more violations of traffic or parking ordinances of the city for which notices of traffic or parking violations have been issued pursuant to this chapter, which notices of traffic or parking violations have not been paid, presented for compromise payment or slated into court pursuant to this chapter. (G.O. 27, 2012, § 1)

Indianapolis-Marion County Revised Code § 611-204 Removal and impoundment of vehicles.

Sec. 611-204. - Removal and impoundment of vehicles. (a) Any officer, inspector, or agent authorized by the director of the department of business and neighborhood services, upon discovering a vehicle constituting a public nuisance, may cause the vehicle to be impounded as authorized by this article. (b) Vehicles identified to be stolen or that come into the custody of the Indianapolis Metropolitan Police Department for other reasons may be subject to impoundment upon order of the investigating officer. (G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 611-205 Storage and release of impounded vehicles.

Sec. 611-205. - Storage and release of impounded vehicles. (a) A vehicle that is impounded or otherwise comes into the custody or control of the city may be secured at a storage facility maintained by a franchise wrecker or at a storage facility authorized by the director of the department of business and neighborhood services. Such a storage facility shall not be operated by the city. (b) An impounded vehicle shall be released upon a redeemer's payment of incurred towing and storage fees, upon authorization of the director of the department of business and neighborhood services or the Chief of the Indianapolis Metropolitan Police Department, or upon order of a court having jurisdiction over the vehicle. (G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 611-206 Procedure for selecting franchise wrecker services.

Sec. 611-206. - Procedure for selecting franchise wrecker services. (a) The director of the department of business and neighborhood services shall consult with the Chief of the Indianapolis Metropolitan Police Department to develop specifications for the efficient removal, storage, release, and disposal of vehicles found in violation of this article, article III of this chapter, and IC 9-22-1. The director shall solicit franchise wrecker services by means of a request for proposal, a request for invitation to bid, a request for services, or a request to quote. Specifications shall include a minimum franchise fee to be paid by a franchise wrecker to the city. Any entity selected to perform franchise wrecker services shall be required to enter into a written contract with the city to perform franchise wrecker services. (b) Funds realized by the city from the collection of franchise fees shall be deposited into the consolidated county fund or any fund required by law. (G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 611-207 Storage, notice and removal requirements for stolen vehicles.

Sec. 611-207. - Storage, notice and removal requirements for stolen vehicles. (a) Subject to (b) and (c), a waiver of towing and storage fees may be requested by the registered owner or legal representative of a vehicle towed under the franchise wrecker services agreement entered into pursuant to Sec. 611-206. (b) A waiver shall be limited to the cost of regular duty towing fee and up to five (5) days of storage fees from the date of impound. (c) Eligibility for a waiver is limited to the registered owner or legal representative of a stolen vehicle who: (1) Is a resident of the City of Indianapolis; (2) Reported their vehicle stolen to the Indianapolis Metropolitan Police Department (IMPD) prior to the vehicle's recovery by IMPD; and, (3) Has never previously been granted a waiver. (d) Notwithstanding (a) and (c), corporate entities, financial institutions, and insurance companies are not eligible for a waiver. (e) If the registered owner or legal representative of a towed vehicle under this section fails to reclaim his/her vehicle and remove same from the storage facility within five (5) days after being notified of his/her vehicle's recovery, the registered owner shall be charged the regular tow and storage fees from the time and date of receipt of the vehicle at the storage facility. (f) The Department of Business and Neighborhood Services and IMPD shall establish a Stolen Vehicle Policy to further the objectives of this section. (G.O. 25, 2019, § 1)

Indianapolis-Marion County Revised Code § 611-208 Accident procedures.

Sec. 611-208. - Accident procedures. Vehicles involved in an accident may be towed by any wrecker of the owner's or operator's choosing, provided that such wrecker may be summoned promptly to avoid creating a traffic hazard. If the officer on the scene of the accident determines a traffic hazard has been created by the delay in the arrival of the owner's or operator's chosen wrecker, or if the owner or operator does not care to select a wrecker of his or her own choice, the officer may declare the vehicle a traffic hazard, and it shall become subject to the officer's order to the franchise wrecker to remove it from the scene. However, the vehicle shall not be subject to impoundment, but shall be towed to the destination selected by the owner or operator. If the owner or operator is injured or under arrest, the vehicle may be subject to impoundment upon order of the officer on the scene. (G.O. 27, 2012, § 1)

Indianapolis-Marion County Revised Code § 611-209 Communications.

Sec. 611-209. - Communications. The Chief of the Indianapolis Metropolitan Police Department may provide written authorization for a franchise wrecker to install emergency frequency monitor radios in its trucks for use to fulfill its contractual obligations. The wrecker's tow trucks may only use such radios to respond to direct orders from the dispatch authority. (G.O. 27, 2012, § 1)

Indianapolis-Marion County Revised Code § 611-210 Unauthorized wrecker at scene.

Sec. 611-210. - Unauthorized wrecker at scene. (a) It shall be unlawful for any wrecker to proceed to the scene of an accident for solicitation purposes without having been summoned by a party involved in the accident or by the city's dispatch authority. Such unauthorized response is declared a traffic hazard and harmful to the health, welfare and safety of the people of the city and county, and, as such, those wreckers so responding are declared public nuisances and subject to impoundment upon order of the officer at the scene of the accident. (b) It shall be unlawful for any wrecker to monitor for profit emergency frequency radios installed in tow trucks without having written authorization for an emergency radio installation by the Chief of the Indianapolis Metropolitan Police Department. (G.O. 27, 2012, § 1)

Indianapolis-Marion County Revised Code § 611-211 Liability of city, county, and franchise wrecker.

Sec. 611-211. - Liability of city, county, and franchise wrecker. The city or county shall not be liable for any loss or damage that may occur to any vehicle that is removed pursuant to the provisions of this article or article III of this chapter. Franchise wrecker shall indemnify and hold harmless the city and county, their officers, agents and employees, from any loss, claim, judgment or damages arising from the removal and storage of vehicles pursuant to this article or article III. (G.O. 27, 2012, § 1)

Indianapolis-Marion County Revised Code § 611-212 Responsibility of wrecker at accident site.

Sec. 611-212. - Responsibility of wrecker at accident site. A wrecker directed by an officer or the city's dispatch authority to remove vehicles from the scene of any accident shall clean the street or accident location of all debris caused by the accident. (G.O. 27, 2012, § 1)

Indianapolis-Marion County Revised Code § 611-213 Emergency warning lights.

Sec. 611-213. - Emergency warning lights. A wrecker may use illuminated amber lights at the scene of an accident but may not use emergency warning lights or lights of another color. (G.O. 27, 2012, § 1)

Indianapolis-Marion County Revised Code § 611-214 Notice of vehicle removal.

Sec. 611-214. - Notice of vehicle removal. (a) Whenever a vehicle has been removed, the wrecker who moved said vehicle shall, within two (2) hours, give or cause to be given notice to the Indianapolis Metropolitan Police Department of the fact of such removal and the reasons therefore and of the manner in which such vehicle may be reclaimed. Any such notice shall also be given to the proprietor of the storage facility to which such vehicle is removed. (b) Such notice shall include: (1) A description of the vehicle; (2) Its license number; (3) The date and time of its removal; (4) Location from where it was removed; (5) Its present location; (6) The name and address of its owner and last operator, if known; (7) Its final disposition; and (8) The reason for its removal. (c) Notice is not required in the event: (1) The owner or person in charge of such vehicle signs a release from such notice at the scene of the tow; (2) The reason for the motor vehicle's removal was not an alleged violation of law; and (3) The wrecker agrees and keeps such release on file for a period of thirty (30) days. (G.O. 27, 2012, § 1)

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=TITIIIPUHEWE_CH611MOVE_ARTIIIMREVEFetched: 10/27/2026