Some people have "project cars" sitting in their yards or on their properties that don't run, but owners have intentions to fix them up when money allows.

The problem we find with this is the money will never allow, and if it doesn't allow right now and your neighbors don't like looking at old broken down cars cluttering up the neighborhood and causing property values to drop it becomes a problem.

There is also a health and safety issues with non-operational vehicles because stray animals, snakes or rodents can take up residence inside.

Tagging and towing disabled vehicles is not a favorite pastime of police officers.

We don't enjoy arguing with vehicle owners about why we had to tag their particular vehicle, and we don't get any extra money for doing it. Officers who receive a paycheck from the City of Brazil are bound to enforce the laws and ordinances within the city and will do so.

These types of non-operational vehicles are classified as "Junk/Abandoned" vehicles by Indiana state statute. (See the statues at the end.)

When an officer observes a vehicle they believe has remained in one place for 20 days without being moved, the officer is required to place a 72-hour sticker on the vehicle to notify the vehicle's owner that it may be towed.

The owner then has 72 hours to contact the officer whose signature appears on the tagged the vehicle to prove that the vehicle is operational or make arrangements to repair and make the vehicle operable.

Operational means all the vehicle's tires must be inflated, it must start without the owner having to raise the hood, it must be able to move forward and backward under its own power and the vehicle's windows must not have fractures that block the drivers view.

The vehicle must be mechanically safe enough to drive on a public roadway. Also, in addition to this, if the vehicle is parked on the street it must be properly registered and insured with current license plates affixed to the rear bumper.

If the vehicle is not proven to be operable within the 72-hour period, the officer will contact a local towing service to have it removed from the property (even if the sticker has been removed). This includes vehicles parked on private property when the vehicle is viewable to the public.

The vehicle owner, in order to retain the vehicle after the 72-hour-period, must either make it operational, enclose it within a fenced area that blocks it from public view or move it into an enclosed building or garage where it is not viewable from the public.

Covering the vehicle with a tarp, car cover or cloth is not acceptable and will not protect the vehicle from being removed from the property by the police.

Here are a few things that can be done if a vehicle on your property is tagged:

* Make the proper repairs to the vehicle and contact the officer so that he can visually see the vehicle operate,

* Move the vehicle into a garage or structure that blocks it from public view,

* Contact the officer if you are working on getting the vehicle compliant and request a few extra days. (Officers can not give an extended amount of time for a vehicle owner to become compliant however; a few extra days may be given at the officer's discretion), and

* Remove the vehicle from the property on your own if you can't become compliant.

Do NOT remove the tag on your own and think the problem will go away. Officers will enforce the laws and removing the tags will not stop it from happening. While most officers will attempt to work with someone if they can, no officer will want to work with you if you go behind them and remove the tag without contacting them.

Officers view this as defiance and will follow the course of action as if the tag was still there. The tag is for notification purposes only; the officer already knows the vehicle is there.

If a vehicle is tagged incorrectly and is actually operational (this sometimes happens when a vehicle has not moved for an extended period of time), do not remove the tag, contact the officer who signed the tag and show him that a mistake was made. The officer will remove the tag upon verifying compliance.

If you do not contact the officer to allow him to verify compliance, he will upon the expiration of the 72 hours, contact a tow company to remove the vehicle. The vehicle may not be removed on the 73rd hour however it can be removed any time after the 72 hour tag expires without further notification.

Also if you place the vehicle in a building or garage to become compliant, the door on the building must be closed in order to shield the vehicle from the view of the public. (A carport will not suffice; the building must completely enclose and shield the vehicle from public view).

A copy of the State laws that pertain to tagging and removing vehicles are as follows:

BRAZIL POLICE DEPARTMENT: ABANDONED / JUNK VEHICLE

Indiana Code 9-13-2-1 
Abandoned vehicle


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 three (3) days.


(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.

IC 9-22-1-2
Officer defined


Sec. 2. As used in this chapter, "officer" means the following:


(1) A regular member of the state police department.


(2) A regular member of a city or town police department.


(3) A town marshal or town marshal deputy.


(4) A regular member of the county police force.


(5) An individual of an agency designated by ordinance of the fiscal body.

IC9-22-1-8
Release to owner or lien holder of stored vehicle


Sec. 8. If the properly identified person who owns or holds a lien on a vehicle appears at the site of storage before disposal of the vehicle or parts and pays all costs incurred against the vehicle or parts at that time, the vehicle or parts shall be released.

IC 9-22-1-11
Tagging abandoned vehicle or parts


Sec. 11. An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:


(1) The date, time, officer's name, public agency, and address and telephone number to contact for information.


(2) That the vehicle or parts are considered abandoned.


(3) That the vehicle or parts will be removed after:


(A) thirty-six (36) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or


(B) seventy-two (72) hours, for any other vehicle.


IC 9-22-1-14
Duties of tagging officer; towing and storage of vehicle or parts


Sec. 14. (a) If in the opinion of the officer the market value of the abandoned vehicle or parts determined in accordance with section 12 of this chapter is at least:


(1) five hundred dollars ($500); or


(2) in a municipality that has adopted an ordinance under section 13(b) of this chapter, the amount established by the ordinance; the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts.
 (b) After seventy-two (72) hours, the officer shall require the vehicle or parts to be towed to a storage yard or towing service.
As added by P.L.2-1991, SEC.10. Amended by P.L.92-1997, SEC.3; P.L.104-2005, SEC.5.