09/22/2025
ABANDONED VEHICLES ISSUE IN THE CITY OF WI******ER
Wi******er Independent News
A View From The Chair, by Eric Lewis, Owner and Chief Editor
The opinions expressed in this article are the personal viewpoints and firmly held beliefs of the writer. The writer is not an attorney. Nothing in this article is to be considered legal advice. The article is for educational and entertainment purposes. If you have a question about how the laws discussed apply to your specific situation, we strongly encourage you to speak with an attorney. Wi******er Independent News is a registered news agency operating within Wi******er, Indiana.
Wi******er’s Hard Push on Alleged Abandoned Vehicles
No one wants to live next to a neighbor who has an abandoned vehicle sitting in their yard or driveway for years on end. There are specific Indiana laws that define abandoned vehicles and what local authorities can do about them. For the purposes of this editorial, I’m going to concentrate on vehicles the city deems as abandoned on private property, and contrast that to how the State of Indiana defines abandoned vehicles.
It has been brought to my attention by several residents of Wi******er that the Mayor’s Office and the Police Department may not be following state law regarding writing ordinance violations for abandoned vehicles. The question has come up as to whether the vehicles are, in fact, abandoned as defined by the state. Let’s compare Indiana Code to Wi******er City Ordinance. First, I will explore IC 9-22-1-1 based on its last amendment from 2017, which defines abandoned vehicles for everyone within our state. Then, let’s take a look at Wi******er City Ordinance Chapter 90.03 through 90.06, which were developed between 1966 and 2004, and compare it to the Indiana law the city is required to uphold.
Indiana Code on Abandoned Vehicles
The law in Indiana defining an abandoned vehicle was added by Public Law 2-1991, then amended in 2001, 2009, and again by Public Law 256-2017. 2017 was the last time the law itself was amended to clarify the definition of an abandoned vehicle and codified as IC 9-13-2-1, and IC 9-22-1-1 which states what cannot be considered an abandoned vehicle.
Here is the definition of what is an abandoned vehicle in Indiana:
IN Code § 9-13-2-1 (2024)
Sec. 1. "Abandoned vehicle" means the following:
(1) A vehicle located on public property illegally.
(2) A vehicle left on public property without being moved for twenty-four (24) hours.
(3) 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.
(4) 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.
(5) 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.
(6) 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 chapter 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.
(7) A vehicle that 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 subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
(8) A vehicle:
(A) that was repaired or stored at the request of the owner;
(B) that has not been claimed by the owner; and
(C) for which the reasonable value of the charges associated with the repair or storage remain unpaid more than thirty (30) days after the date on which the repair work is completed or the vehicle is first stored.
[Pre-1991 Recodification Citation: 9-9-1.1-2 part.]
As added by P.L.2-1991, SEC.1. Amended by P.L.92-1997, SEC.1; P.L.54-2009, SEC.2; P.L.262-2013, SEC.2.
As we can see here, there are two instances (Paragraph 4 and 7) where a vehicle on private property can be considered abandoned. The rest of the rules apply to public property. If someone leaves a vehicle in your driveway or yard without your permission for 48 hours, it is an abandoned vehicle. If your car is at least three years old, doesn’t run, and is left visible by the public for more than 20 days, it is considered abandoned. My understanding is that a city must document when they begin counting off that 20 day period. Covering it with a tarp doesn’t stop it from being visible.
If it is being stored in a backyard surrounded by a privacy fence, I wouldn’t think it to be considered visible from public property unless someone had the intent to try to see it. If you have an old car you are fixing up but don’t have a garage to put it in and don’t have a privacy fence, I’d recommend buying a portable or temporary garage until you have it running. You can get a 10x20 enclosed tent-like carport from Walmart, Amazon, or Harbor Freight for under $200. That’s good insurance to make sure you don’t find yourself in a situation where your vehicle is cited as abandoned, risking towing and other fees such as the $500 city fine for keeping an abandoned vehicle. Since they aren’t permanent structures, there usually isn’t a permit required. If you have the money, perhaps consider buying an enclosed trailer or leasing a storage unit large enough to fit that car. The key is to not store it in view of the public.
Here is what is not an abandoned vehicle in Indiana:
IN Code § 9-22-1-1 (2024)
Sec. 1. This chapter does not apply to the following:
(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 sale lot.
(4) A vehicle located upon property licensed or zoned as an automobile scrapyard.
(5) An antique vehicle registered and licensed under IC 9-18-12 (before its expiration), a historic vehicle licensed under IC 9-18.5-34, or a military vehicle registered under IC 9-18.1-8.
(6) A golf cart.
(7) An off-road vehicle.
[Pre-1991 Recodification Citation: 9-9-1.1-15.]
As added by P.L.2-1991, SEC.10. Amended by P.L.108-2001, SEC.2; P.L.150-2009, SEC.15; P.L.259-2013, SEC.19; P.L.256-2017, SEC.162.
I’ve had some ask about the race car they’ve built, or about their antique cars that they keep on their property. According to this state law, if the car is intended to only be used on private raceways like Wi******er Speedway or Mount Lawn over in Henry County, then it is exempt and not considered an abandoned vehicle while it is sitting on your property between racing seasons. It is also exempt from being plated, since it is not intended to be put on a public roadway.
If you like collecting antique or historic vehicles and keep up on the registration and license plates specifically for such vehicles, they, too, are exempted from the abandoned vehicle laws. Often, an owner of those sorts of cars only takes them out on the road once or twice a year to make sure everything is operational, or to transport them to car shows.
If you have an off-road vehicle that you have no intention of putting on a public roadway, it is also exempt from the abandoned vehicles law. I have a friend who owns an ugly old Jeep CJ7 that he’s heavily modified strictly for off-road use. He puts it on a trailer and takes it to an off-road park once or twice a year and it definitely isn’t “street legal.” It is exempt from being an abandoned vehicle even though he keeps it in his driveway. Sure, it is an eye-sore to some and a neighbor might complain. But, it is a beautiful beast to others. You can get a one-time optional exemption registration from the BMV for a vehicle you don’t plan to use on the road for at least 6 months. However, if you decide to return that vehicle to being street legal to put that vehicle on the road at a later time, you will need to pay all of the annual registration fees back to when it was last registered in order to get the license plates up to date.
City Ordinance on Abandoned Vehicles
The City of Wi******er’s ordinances on abandoned vehicles pre-date Indiana’s law. The most current ordinance was last amended in 2004, as Amended Ordinance 2004-14, applying to Chapter 90.04 “Keeping Non-operable Or Discard Vehicles On Private Property; Notice.” It reads as follows:
(A) No person in charge or in control of any real property within the municipality, whether as an owner, tenant, occupant, lessee, or otherwise shall allow any discarded vehicle, nonoperable vehicle, or a vehicle which does not display a current license plate and/or proper license plate, to remain on the property within their control longer than 72 hours after the receipt of a written notice from the Chief of Police or any member of the Police Department designated by the Chief of Police instructing that person to remove the discarded vehicle, nonoperable vehicle, or vehicle that does not display a current license plate and/or proper license plate from the property. This section shall not apply to a vehicle stored in an enclosed building or to commercial garages, repair shops, car dealers, or junkyards operated in a lawful manner.
(B) Notice required under division (A) above shall be deemed to be adequate if the Chief of Police or his designee causes that notice to be affixed to the vehicle or upon the door of any residence located on the property where the vehicle is found or delivering the notice in person, by certified mail, or by leaving the notice affixed to the door and mailing a copy of same to the registered owner, the owner of the real estate or the tenant, occupant, or lessee of the private property upon which the discarded or nonoperable motor vehicle is found.
(C) The notice required under division (A) should state the following:
(1) The date and time of the notice;
(2) A description of the nonoperable or discarded motor vehicle;
(3) The license plate number on the motor vehicle, if any;
(4) The identity of the owner or person in charge of the real property upon which the vehicle is located;
(5) That the person responsible for the vehicle has 72 hours after the date and time noted in division (C)(1) above in order to remove the vehicle because it is alleged that the vehicle is a discarded or nonoperable vehicle as defined by division (A) of this section;
(6) A copy of the ordinance should be attached;
(7) A statement indicating that if the vehicle is not removed from the property within 72 hours of the date and time affixed above, this would be prima facie evidence of the fact that it is a nonoperable or discarded vehicle in violation of this section and the person to whom the notice is directed could be subject to penalties provided by this chapter.
(D) If the person to whom the notice is directed contends that the vehicle is operable and not discarded, he or she or a designee should take it to the Police Department for inspection. If this is done within 72 hours of the time of the giving of the notice, this shall be deemed to be prima facie evidence that the vehicle in question is not a discarded on nonoperable vehicle.
(E) For purposes of this section, if the 72 hours granted ends after 5:00 P.M. Friday and before Noon on the following Monday, the time shall be extended to 5:00 P.M. that Monday. If it ends on a legal holiday, the time shall be extended 24 hours following the conclusion of the legal holiday.
(Ord. 66-633, passed - -; Am. Ord. 2000-9, passed 8-21-00; Am. Ord. 2004-14, passed 7-19-04) Penalty, see § 90.10
In 1966, City Council wrote an ordinance to define vehicles that could be considered abandoned. This was amended in 2000 by Ordinance 2000-9, which passed on August 21, 2000. Let’s see what it says.
90.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
PROPERTY. Any real property within the city which is not a street or highway.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE. 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, automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons.
(Ord. 66-633, passed - - ; Am. Ord. 2000-9, passed 8-21-00)
Commentary
At the last three city council meetings, the mayor has clearly stated his initiative on getting rid of what he considers abandoned vehicles. He indicated he’s given orders to the police department to begin cracking down on vehicles that are suspected of being abandoned under city ordinance. The police acknowledged, during the meetings, that this was an area in which they are stepping up enforcement. This has cause quite a bit of a stir among many of Wi******er residents. An issue I take with the city ordinance, besides it being nearly two decades out of compliance with state law, is that it is too broad and allows too much discretionary power by the mayor and the police department he commands.
While most of us, including me, wouldn’t like an in-town neighbor having that old pickup truck rotting away on blocks in the front yard, we need to take into consideration the rights afforded to us by state law. Obviously, that old junked truck would most likely need removed. But it needs done in a legal, ethical way.
The current city ordinance enforcement tends to target residents who can’t take care of removing or fixing their broken down vehicle within three days, whereas the state law allows a 20 day period before the vehicle can be cited. I’ve had such an issue, though the city didn’t cite me. I had a wheelchair van damaged in an accident and in need of repair. The repair shop in town couldn’t get it in for a couple of weeks and had no room to store it, so it sat in my driveway until they were ready to come and tow it for repair. Under the new hard push on abandoned vehicles, my van would have been cited as abandoned when it clearly was not.
In one particular case, an elderly person with antique automobile collection was targeted and contacted me to ask if I knew what was going on. No neighbor had complained. A police officer simply saw the old cars and began citing them, even though they were exempted by the state. They were facing a court date in Union City to argue that the vehicles were properly registered and licensed, and exempted from the abandoned vehicles code in accordance with state law. I explained that they should invest in a lawyer because not only was the abandoned vehicle issue in play, but also the fact that the case was docketed for Union City Court, which I believe has no legal authority over Wi******er City Ordinance cases. For more on that issue, please see my past article on the Wi******er City Court Closure.
The entire city ordinance can be read at https://codelibrary.amlegal.com/codes/winchester/latest/winchester_in/0-0-0-2764 .01 and I recommend reading it. When compared to Indiana law, one can quickly see that the two are in stark contrast. The state law doesn’t consider vehicles abandoned that aren’t intended to be on the roadway or are properly licensed and registered (in most cases) when stored on private property, unless they are placed there without the property owner’s consent. The city ordinance considers many vehicles such as equipment used to pull machinery, trailers, tractors, buggies, and wagons, including any other implement or powered machine the city decides, as vehicles within the scope of the abandoned vehicles ordinance. It is overly vague and inconsistent with state law. It is also not fairly applied, as there are several businesses within city limits that continuously store such equipment or implements outdoors on private property, yet are not cited.
Another contrast is the 20 day rule, a right given to us under Indiana law. IC 9-13-2-1, Paragraph 7, says that if a vehicle is at least three years old and doesn’t run, and is left within view of public property for more than 20 days, it is considered an abandoned vehicle. This law gives us time to afford or to find parts that might be needed and make the repairs to get it running. If you’ve ever had to order parts, you know it can take a couple of weeks to receive them. Or, time to move it into an enclosure or have it towed away as scrap. The burden of proof is on the police to show it has sat for more than 20 days without running. Typically, in other cities, this is done by photographing and documenting when the vehicle was first suspected as abandoned, then citing it if there is probable cause to determine it is still unmoved after 20 days. City ordinance only allows 72 hours, clearly inconsistent with the rights afforded by state law.
What if you travel and are gone for a couple of weeks or longer? What if you are a “snow bird” and spend a couple of months a year in warmer climates while your car sits in the driveway? You may come home to a missing car if the city entered your property without a warrant and cited it as abandoned while you were gone, and then towed it away three days later because you weren’t home to prove it runs.
What about someone like myself who maintains a wheelchair adapted van so that others can drive me if I need them to? I’m unable to drive due to disability, but still maintain a vehicle. Many times, my van has sat in the driveway for a month or two without being moved. I start it often in the winter to keep the battery up, and I make sure all maintenance is kept up on it. Will I now get cited because the mayor ordered the police department to step up their efforts with abandoned vehicles?
I have an enclosed trailer that I only use a couple of times a year and keep in my driveway. Do I need to start worrying that the police will have it towed because I don’t move it from my driveway very often, even though I keep it properly registered and plated and the state doesn’t consider it a vehicle under the abandoned vehicle code? What if you own a camper or RV that you only take out once or twice a year? According to the city ordinance, you could be cited as having an abandoned vehicle if it can be seen from public view! I certainly hope not, but the overreaching definition under city ordinance would allow it.
Wi******er’s ordinances are often grossly outdated, making them well out of compliance with the state. This issue is no exception. One section of the ordinance, Chapter 90.06, even gives the mayor the authority to exempt someone by providing an annual certificate regarding alleged abandoned vehicles that are already exempted under state law. Of course, this was also written before the state created the Ordinance Violations Clerk as an official duty of the City Clerk/Treasurer, an issue I discussed in a previous article. I would argue that this executive authority to issue exemptions by the mayor under the city ordinance is excessive and should be stricken, as state law already exempts the same vehicles.
As is usually the case, this issue can be resolved quickly and easily by a vote of City Council. They could adopt the state law on abandoned vehicles as the city ordinance, as they did with last month’s issue over setting off fireworks in town. As the police chief stated, and City Council agreed, the city cannot supersede or override Indiana law. The city must comply with it.
It would eliminate the potential liability with police officers entering fenced private property without permission or warrant, in order to cite a vehicle sitting behind someone’s house but a glimpse of it could be seen from the street. Such action could be seen as a violation of our 4th amendment rights under the constitution. Entering private property over a civil matter under city ordinance is disturbing. While there may be probable cause to get a warrant to check a vehicle, probable cause doesn’t permit anyone to enter private property without what is known as, “exigent circumstances.” In my view, a vehicle that hasn’t moved in a while is not an emergency situation allowing law enforcement to enter private property without permission.
The same correct logic the police department and city council agreed on with fireworks should be followed with abandoned vehicles, as well as any other city ordinance issue unless state law clearly authorizes a city to have a more narrowly focused ordinance on the issue. This does not appear to be one of those times. I agree some vehicles can sometimes be unsightly and truly abandoned vehicles should not be kept in town. However, there are rights we all have as residents of Indiana and they should never be abused because of outdated city ordinances.
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