§ 39-12.1-3 - Removal of abandoned, abandoned and of no value, and unattended vehicles.
SECTION 39-12.1-3
§ 39-12.1-3 Removal of abandoned,abandoned and of no value, and unattended vehicles. – (a) Any member of any police department or the owner or person in control ofprivate property may order the removal of any abandoned or unattended vehicleor, any member of any police department, upon completion of a vehicle surveyreport, as defined in this chapter, may order the removal of any abandonedvehicle of no value by a certificated tower and may instruct the certificatedtower to remove said vehicle to its own place of storage.
(b) The last registered owner and/or the legal owner, or theperson who left a vehicle in a position so that the vehicle becomes abandoned,abandoned and of no value, or unattended shall be liable for all reasonablecosts of recovery, towing, and storage in accordance with the certificatedtowers' tariff.
(c) Any member of a police department observing a vehicle onor near a public way which appears to be abandoned, abandoned and of no value,or unattended shall tag the vehicle by affixing securely to the vehicle acolored form, or by using an easily observable sticker. The tag or stickershall show:
(1) The date and time of tagging, and the name and telephonenumber of the police department;
(2) That the vehicle will be removed pursuant to this chapterunless the vehicle is removed after forty-eight (48) hours; provided, however,the police officer may order the immediate removal of the vehicle without priortagging as provided in this section if it is parked illegally, causes trafficcongestion or hazard or when the operator is not allowed to continue to operatethe vehicle after having been detained for operating in violation of the law.
(d) No person in possession of a vehicle which, in theopinion of the police officer in charge of the scene, needs to be removed toanother location, shall be denied the right to have any certificated tower ofhis or her choice attend to the removal; provided, however, that allowing thechoice of certified tower does not cause a continuation of traffic congestionor of a hazardous condition on the highway which the police officer is able toeliminate by other means. When the hazardous condition has been eliminated, theperson's choice shall be employed to remove the vehicle to the place selectedby the person in possession.