The terms used in this chapter shall have the meanings ascribed to them is section 441-101 of the Code.

(G.O. 85, 2008, § 4)

(a)

No vehicle shall be loaded and operated on the city streets in violation of any statute or this Code or otherwise so as to damage the street or constitute a hazard to other vehicles and persons lawfully using any street. No articles shall project in the front or rear thereof over four (4) feet and, if projecting, they shall be safeguarded by a red cloth by day and by a red light at night, each visible for five hundred (500) feet from the vehicle.

(b)

No vehicles in excess of three (3) shall be connected together and be so operated as a train over the streets, unless in an emergency and after obtaining a special permit therefore, without charge, from the board of public safety or the Chief of the Indianapolis Metropolitan Police Department, or his authorized representative.

(c)

No trailer or towed vehicle shall be separated more than six (6) feet from the vehicle drawing it, and proper warning lights on the rear of each vehicle shall be used at night, with the light on the back vehicle to be visible to the rear thereof for at least five hundred (500) feet.

(Code 1975, § 29-354; G.O. 110, 2005, § 38; G.O. 47, 2009, § 38)

(a)

It shall be unlawful for any person to operate any motor vehicle or other machine powered by an internal-combustion engine, which is not equipped with a muffler or similar noise abatement device which will effectively reduce and prevent loud or explosive noises therefrom. With respect to the following vehicles and equipment, the muffling or noise abatement device shall be at least sufficient to eliminate noise emission from the motor vehicle or equipment by the guidelines set forth in the following schedule. The measurements shall be made at least fifty (50) feet from the motor vehicle, device or equipment in question:

(1)

Any motor vehicle with a manufacturer's gross vehicle weight rating of seven thousand (7,000) pounds or more:

a.

88 db(A) for vehicles traveling thirty-five (35) miles per hour or less; or

b.

90 db(A) for vehicles traveling over thirty-five (35) miles per hour.

(2)

Any motorcycle, motorbike, minicycle or other motor-driver cycle:

a.

82 db(A) for vehicles traveling thirty-five (35) miles per hour or less; or

b.

86 db(A) for vehicles traveling over thirty-five (35) miles per hour.

(3)

Any other motor vehicle:

a.

76 db(A) for vehicles traveling thirty-five (35) miles per hour or less; or

b.

82 db(A) for vehicles traveling over thirty-five (35) miles per hour.

(b)

All noise limits described in this section shall apply to the total noise from a motor vehicle or other internal-combustion powered devices or equipment, including other vehicles, devices or equipment attached thereto.

(c)

It shall be unlawful for any person to possess or to operate any motor vehicle or machine powered by an internal-combustion engine with "straight pipes," "baffles," "muffler cutouts," "bypasses," or any other similar type of exhaust system constructed so that the exhaust bypasses or, without structural alteration, can be operated to bypass the required muffler, muffling device or adequate noise abatement equipment which meets the noise limit standards described in this section.

(d)

This section shall not apply to persons who are entrants or participants in a scheduled race or sporting event which involves the use of racing motor vehicles or equipment powered by internal-combustion engines while involved in such activities, nor to owners or operators of internal-combustion powered equipment or devices used in the construction, demolition or similar labor or maintenance trades.

(e)

Any person violating this section shall, upon conviction, be punished as prescribed in section 103-3.

(Code 1975, § 29-355)

It shall be unlawful for any person to operate, haul or draw, or cause to be operated, hauled or drawn, in any manner upon any improved street or public place in the city, any portable type of tractor or vehicle, or any other heavy conveyance, using wheels equipped with cleats, lugs, spikes or any other device projecting therefrom. Any person having charge of any such vehicle may cross a paved street or public place at any of its intersections, if he shall first place or cause to be placed on the surface thereof wooden boards of at least two (2) inches in thickness and of a width equal to the width of the wheels of such vehicle; provided, that such boards, unless placed there for such use as authorized by the city, shall be furnished and laid at the expense of such person and shall be removed immediately after being used therefor.

(Code 1975, § 29-356)

It shall be unlawful to drag, or cause or permit to be dragged, over or upon any street or alley, by means of any vehicle or otherwise, any heavy object or substance or thing whatsoever which is capable of damaging the street or alley, or to allow any load or bed of any vehicle to rub, touch or drag on any street or alley.

(Code 1975, § 28-28)

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)

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)

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)

(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)

(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)

(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)

(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)

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)

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)

(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)

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)

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)

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)

(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)

The purpose of this article shall be to implement the requirements of IC 9-22-1 and supplement those procedures governing the removal, storage, release, and disposal of abandoned vehicles.

(G.O. 27, 2012, § 1)

The terms used in this article shall have the meanings ascribed to them in IC 9-22-1.

(G.O. 27, 2012, § 1)

The department of business and neighborhood services is charged with the responsibility for the removal, storage, release, and disposal of abandoned vehicles and, on behalf of the city, may enter into contractual arrangements for same pursuant to the procedures described in article II of this chapter.

(G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

(a)

Abandoned vehicles that are removed pursuant to IC 9-22-1 shall be towed and stored at a facility authorized by the director of the department of business and neighborhood services.

(b)

An owner or lienholder who claims an abandoned vehicle shall be charged a towing fee and a per-day storage fee as provided in the contractual arrangement with franchise wrecker as authorized in article II of this chapter. The storage fee shall be allowed to accumulate for a maximum period of sixty (60) days.

(G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

(a)

If a tagged vehicle or parts are not removed within seventy-two (72) hours of tagging, and the officer suspects the market value of the vehicle is five hundred dollars ($500.00) or less, the vehicle shall be towed to a storage facility, and an appraisal shall be performed by an individual designated by the director of the department of business and neighborhood services. If the appraisal confirms the market value of the vehicle is five hundred dollars ($500.00) or less, the authorized towing service shall be instructed to provide for the immediate disposal of the vehicle to an automobile scrapyard. The department of business and neighborhood services shall retain a copy of the appraisal and any photographs for two (2) years after the disposal of the vehicle or parts.

(b)

If the appraisal indicates the market value of the vehicle is greater than five hundred dollars ($500.00), the notification and disposal procedures in IC 9-22-1-23 shall be followed.

(G.O. 27, 2012, § 1; G.O. 41, 2016, § 2)

Vehicles that have been towed to a storage facility and have not been claimed by the record owner or lienholder within the statutory period shall be disposed of by means of a public sale in the manner provided by IC 9-22-1-23.

(G.O. 27, 2012, § 1)

When used herein, the term "privately owned bus" shall mean any motor vehicle designed or constructed with fixed seating for twelve (12) or more passengers and which is being used for the transportation of a class of persons not limited to the family or friends of the immediate family of the owner of such motor vehicle. The term privately owned vehicle as used in this article shall not include taxicabs licensed by the city, school buses operating under state statutes regulating the operation of school buses, or buses operated by public carriers under a certificate of convenience and necessity issued by the Indiana Public Service Commission.

(Code 1975, § 29-396)

Cross reference— Definitions generally, ch. 102.

It shall be unlawful to operate upon the streets of the city any privately owned bus unless such bus is equipped with the following equipment:

(1)

Dual, alternately flashing emergency flasher signals located on the rear center portion of said vehicle.

(2)

Dual, alternately flashing emergency flasher signals located on the front center portion of said vehicle.

(3)

A sign at least twenty (20) inches in length and at least ten (10) inches in width imprinted with the words "STOP WITH FLASHING LIGHTS" in six-inch black, block letters on a yellow background and "PASS WITH CAUTION" in two-inch black block letters on a yellow background, located directly above the rear center and front center emergency flasher signals required in subsections (1) and (2) of this section.

(Code 1975, § 29-397)

(a)

It shall be unlawful for any operator of a privately owned bus to stop for the purpose of loading or unloading passengers in such a manner as the vehicle blocks a street, cross-street or thoroughfare or otherwise so as to block the normal flow of traffic lawfully operating on the streets and roadways adjacent to said stopped bus.

(b)

It shall be unlawful for the operator of any privately owned bus to allow passengers to load or unload unless the warning signals are operating while the bus is stopped for such purposes on or along any public street.

(Code 1975, § 29-398)

It shall be unlawful for any operator of any motor vehicle to pass or cause a motor vehicle to pass any privately owned bus which is stopped on any road, street or highway, and the warning signals operating, until the operator has caused said vehicle to come to a complete nonrolling stop and determines that the way is clear to pass said vehicle without danger to passengers or vehicles using said street.

(Code 1975, § 29-399)

(a)

Time restriction generally. It shall be unlawful to engage in selling or offering for sale any food or other products from and at a motor vehicle between 10:00 p.m. and 6:00 a.m.

(b)

Upon thoroughfares and state highways. It shall be unlawful for the driver or operator of any motor vehicle to stop said vehicle for the purpose of selling or offering for sale any food or other products, or to sell or offer for sale such merchandise, while stopped, to the general public at said vehicle upon any public roadway in Marion County, Indiana, which is then a part of the official thoroughfare plan of said county.

(c)

In vicinity of any grade or junior high school during certain hours. It shall be unlawful for the driver or operator of any motor vehicle to stop said vehicle for the purpose of selling or offering for sale any food or other products or to sell or offer for sale such merchandise at said vehicle while stopped, or to use any loudspeaker, bell or other device giving an audible signal to advertise such merchandise, within a distance of one thousand (1,000) feet of any real estate which is then used as part of the school grounds of any duly accredited public or private grade or junior high school between the hours of 7:00 a.m. and 4:00 p.m. on days when said schools are in session.

(Code 1975, § 29-400)

It shall be unlawful for the driver or operator of any motor vehicle to use more than one (1) loudspeaker, bell or other device, and said loudspeaker, bell or other device shall not have the capability or capacity to emit a signal louder than one hundred (100) decibels at full volume, measured at any distance from said device, for the purpose of advertising to the general public the food, product or presence of the vehicle.

(Code 1975, § 29-401)

It shall be unlawful for the driver or operator of any motor vehicle from and at which food or other products are being sold to use any loudspeaker, bell or other device giving an audible signal to advertise said products or the presence of the vehicle while the vehicle is in motion.

(Code 1975, § 29-402)

It shall be unlawful for the driver or operator of any motor vehicle to stop said vehicle for the purpose of selling or offering for sale at said vehicle any food products without having the following equipment mounted on the vehicle and in operation during the period of selling said products:

(1)

A metal, horizontally extendible sign at least twenty (20) inches in length and at least ten (10) inches in width imprinted with the words "STOP" in six-inch, black, block letters on a yellow background and "PROCEED WITH CAUTION" in two-inch, black, block letters on a yellow background, such arm to be lighted at the street end of said arm with two (2) alternately flashing red lights two (2) inches in diameter, clearly visible from both front and rear at a distance of at least three hundred (300) feet, the bottom of said sign to be at a height of five (5) feet above the level of the street or way.

(2)

Two (2) alternately flashing red lights not less than four (4) inches in diameter, placed one above the other on the street side of the front end of the vehicle, when legally parked, not more than one (1) foot apart, the lower of which shall be approximately four (4) feet from the surface of the street or way, and clearly visible from not less than three hundred (300) feet from the front of said vehicle.

(3)

Two (2) alternately flashing red lights not less than four (4) inches in diameter, placed one above the other on the street side of the rear end of the vehicle, when legally parked, not more than one (1) foot apart, the lower of which shall be approximately four (4) feet from the surface of the street or way, and clearly visible from not less than three hundred (300) feet from the rear of said vehicle.

(Code 1975, § 29-403)

It shall be unlawful for any motorist, when approaching a parked food vending vehicle from any direction at a time when such vehicle is displaying the metal, extendible arm and the flashing lights as provided for in section 611-504 above, to fail to come to a complete stop at least ten (10) feet from the closest end of said vehicle or to fail to then proceed with caution to pass said vehicle.

(Code 1975, § 29-403.1)

It shall be unlawful to sell or offer for sale any food or other products from a vehicle unless said vehicle is legally parked or to sell or offer for sale from other than the curb side of a legally parked food vending vehicle.

(Code 1975, § 29-403.2)

The purpose of this article is to protect the public health, safety, and welfare from the potential hazard of fire, explosion, or exposure to toxic substances that accompanies hazardous materials by regulating the transportation of hazardous materials in and through Indianapolis and Marion County.

(Code 1975, § 29-431)

(a)

Those portions of Interstate I-70 and Interstate I-65 that lie inside Interstate I-465 are conclusively presumed to be routes that go through or near heavily populated areas; therefore, the use of said routes for the transportation of materials required to be placarded by 49 CFR, Subpart F—Placarding, is prohibited where there is neither a point of origin nor destination within Marion County.

(b)

Where there is neither a point of origin nor destination within Marion County, the materials specified in subsection (a) shall not be transported in the downtown area as defined in subsection (d), and shall be transported around the most heavily populated areas of Marion County by using Interstate I-465; however, Interstate I-70 and Interstate I-65 within Interstate I-465 may be used for local terminal visits.

(c)

For cargoes with either a point of origin or destination within Marion County, the use of highways or streets in the downtown area, as defined in subsection (d) for the transportation of the materials specified in subsection (a) is prohibited during the hours between 7:00 a.m. to 9:00 a.m. and 3:30 to 5:30 p.m. daily except Saturdays, Sundays, and holidays.

(d)

The downtown area is defined as the area within the boundaries of Thirtieth Street, East Street/Central Avenue, McCarty Street, and the White River Parkway.

(e)

Exceptions to the above restrictions will be made only upon application to the director of the department of business and neighborhood services in accordance with section 611-704.

(Code 1975, § 29-432; G.O. 15, 2001, § 70; G.O. 63, 2009, § 61; G.O. 41, 2016, § 2)

The following operating requirements shall apply to motor vehicle transportation within Marion County:

(1)

Vehicles transporting hazardous materials shall obey all state and local traffic and parking regulations;

(2)

Vehicles transporting hazardous materials shall operate at all times with their headlights illuminated;

(3)

Transporters of hazardous materials shall not permit the discharge of hazardous materials into or upon any street, highway, sanitary sewer, drainage canal or ditch or flood control channel, or upon the ground, including private property, except when such discharge is expressly permitted by the property owner and is otherwise legal;

(4)

Transporters of hazardous material shall not create a hazard to the public by the location or condition of their vehicles which contain hazardous materials.

(Code 1975, § 29-433)

(a)

Transporters, shippers, and receivers of hazardous materials may apply to the director of the department of business and neighborhood services for an exception to the requirements of section 611-702. An exception will be granted only where the following criteria are met:

(1)

Compelling need is shown — the applicant must show that delivery or pickup of the hazardous material can be made only by entering the downtown area during the hours prohibited by section 611-702(c); and

(2)

Transportation of the hazardous materials is in the public interest.

(b)

An application for an exception under this section shall be filed with the permit section of the department of business and neighborhood services.

(c)

The board of business and neighborhood services shall assist the director in granting the exceptions authorized under this section.

(Code 1975, § 29-434; G.O. 15, 2001, § 71; G.O. 63, 2009, § 62; G.O. 41, 2016, § 2)

Editor's note— G.O. 63, 2009, § 63, passed June 29, 2009, repealed § 611-705, which pertained to routing advisory committee and derived from § 29-435 of the 1975 Code; G.O. 15, 2001, § 71.

This article is in addition to any other existing federal or state law regulating the transport of hazardous materials.

(Code 1975, § 29-436)

Any person, carrier or vehicle who violates the terms of this article shall be issued a citation to appear in a court of competent jurisdiction in this country, and may be fined in an amount not to exceed two thousand five hundred dollars ($2,500.00).

(Code 1975, § 29-437)