[R.O. 2009 §27-109; Ord. No. 2067, 10-12-1988; Ord. No.
3191, 8-28-2002]
The following definitions shall apply in the interpretation
and enforcement of this Chapter:
Any part or parts of automobiles or other motor vehicles
that indicate no clue as to ownership.
Any motorized vehicle manufactured exclusively for off-highway
use, which is fifty (50) inches or less in width, with an unladen
dry weight of six hundred (600) pounds or less, traveling on three
(3) or more low-pressure tires, with a seat designed to be straddled
by the operator and handlebars for the steering control.
Any vehicle, except all-terrain vehicles, which is not registered
or is improperly registered with the State of Missouri or is displaying
expired State plates or has been inoperable for more than seventy-two
(72) hours or is in such a state of repair as to be inoperable, except
those on the premises of a duly licensed automobile repair or sales
business or in a duly licensed automobile junking yard.
Any motor vehicle that is so wrecked, dilapidated, burned
out, stripped, vandalized or is of such condition as to constitute
a health or safety hazard or nuisance or is of no apparent value,
other than scrap.
Any motor vehicle over twenty-five (25) years old that is
owned solely as a collector's item and which is used and intended
to be used for exhibition and educational purposes and which is permanently
registered with the State of Missouri pursuant to the provisions of
Section 301.131, RSMo.
Any metal, glass, paper, rags, wood, machinery parts, cloth
or other waste or discarded material of any nature or substance whatsoever
or scrap or salvage materials.
Includes any person, firm or corporation having a recorded
mortgage, lien or other encumbrance on the parcel of land on which
the vehicle or junk is located.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A vehicle modified or designed primarily for racing and/or
racetrack competition.
The presence of any vehicle in violation of the provisions
of this Chapter shall be prima facie evidence that the person in whose
name such vehicle is registered on either the records of the license
collector or records of the Department of Revenue, State of Missouri,
committed or authorized such violation.
The entire area between the boundary lines of every publicly
maintained way when any part thereof is open to the use thereof for
purposes of vehicular travel.
A machine propelled by power, other than human power, designed
to travel along the ground by use of wheels, treads, runners or slides
and transports persons or property or pull machinery and shall include,
without limitation, automobiles, trucks, trailers, motorcycles, tracts,
buggies and wagons or any part thereof.
[R.O. 2009 §27-110; Ord. No. 2067, 10-12-1988]
Any damaged or disabled vehicle, any part thereof or junk located
on any street or highway that presents a hazard to children, that
harbors tall grass, weeds or other vegetation, that creates a fire
hazard or affords a breeding place or a nesting place for mosquitoes,
flies, rodents, rats or other vermin or any vehicle or part thereof,
or junk allowed to remain unmoved on any street or highway for forty-eight
(48) hours is a public nuisance.
[R.O. 2009 §27-111; Ord. No. 2067, 10-12-1988]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section 385.020.
[R.O. 2009 §27-112; Ord. No. 2067, 10-12-1988; Ord. No.
3192, 8-28-2002; Ord. No. 3300 §I, 7-23-2003; Ord. No. 4575, 4-23-2020]
No person in charge or control of any property within the City
limits, whether as an owner, tenant, occupant, lessee or otherwise,
shall allow any partially dismantled, non-operating, wrecked, junked,
discarded, damaged or disabled vehicle to remain on such property;
except that this Section shall not apply with regard to a vehicle
in an enclosed building, a vehicle on the premises of a business enterprise
operated in a lawful place and manner, when necessary to the operation
of such business enterprise or a vehicle in an appropriate storage
place or depository maintained in a lawful place and manner by the
City.
[R.O. 2009 §27-113; Ord. No. 2067, 10-12-1988]
All historic motor vehicles, race cars and all-terrain vehicles
must be permanently garaged in an enclosed area or covered with a
non-transparent tarpaulin.
[R.O. 2009 §27-114; Ord. No. 2067, 10-12-1988; Ord. No. 4575, 4-23-2020]
The Chief of Police or any member of his/her department designated
by him/her is hereby authorized to remove or have removed any vehicle
left at any place within the City that reasonably appears to be in
violation of this Chapter or lost, stolen or unclaimed. Any agency
authorizing a tow pursuant to this Section in which the vehicle is
moved from the immediate vicinity shall complete a crime inquiry and
inspection report. Such vehicle shall be impounded until lawfully
claimed or disposed of in accordance with the provisions of this Chapter
and applicable State law.
The Chief of Police or his/her duly authorized representative
may issue a notice of violation for any vehicle or junk upon private
property in violation of any provision of this Chapter. Such notice
shall provide the owner of the property upon which the vehicle or
junk is located at least ten (10) days to abate the violation. Less
than ten (10) days to abate the violation can be given if the vehicle
or junk presents an presents an immediate, specifically identified
risk to the public health or safety. If, after the expiration of the
time provided in the notice of violation the violation remains, the
Chief of Police or his/her duly authorized representative may refer
such violation to the City's prosecutor, and may enter upon private
property for the purpose of removing any vehicle or junk in accordance
with this Chapter so long as the vehicle or junk is not located in
an area in which the owner of the real property has a reasonable expectation
of privacy. Notice of violations may be served personally or by certified
mail. Nothing herein shall be construed to limit the City's authority
to pursue any remedies at law or equity to abate nuisances or to address
an immediate, specifically identified risk to the public health or
safety.
[1]
Editor's Note: Ord. No. 4575 also changed the title of this
Section from "Entry Onto Private Property" to "Violations On Private
Property."
[R.O. 2009 §27-116; Ord. No. 2067, 10-12-1988]
The Police Department is authorized to tow and impound any motor
vehicle within the City limits whenever there are four (4) or more
previously issued parking notices or one (1) or more traffic summonses
that the driver, owner or person in charge of such motor vehicle has
failed to answer or appear on.
[R.O. 2009 §27-117; Ord. No. 2067, 10-12-1988]
A.
The
Police Department is authorized to tow in and impound any vehicle
that shall be:
1.
Parked in a place where parking is not permitted;
2.
Parked in violation of other parking provisions;
3.
Parked on private property without the consent and upon complaint
to the Police Department of the owner, lessee or person in charge
of such property and such owner, lessee or person agrees to guarantee
the payment of all towing charges;
4.
Parked on the street, roadway or other public place without current
vehicle license, excepting those vehicles, historic vehicles or all-terrain
vehicles that are exempted from the licensing provisions of the licensing
and registration privileges of the State of Missouri;
5.
Stopped on the street and the driver is taken into custody by the
Police Department and such vehicle would thereby be left unattended
on the streets;
6.
So disabled on the street as to constitute a hazard or obstruction
to traffic and the person(s) in charge of the vehicle is unable to
provide for its removal; or
7.
Parked on the street and is directly interfering with the maintenance
and care or the emergency use of the street; such vehicle may be removed
and conveyed by or under the direction of a member of the Police Department
to an impoundment. Before the owner or person in charge of such vehicle
shall be permitted to reclaim any such vehicle, he/she shall furnish
evidence of his/her identity and proof of ownership, shall sign a
release, shall clear any traffic or parking fines or outstanding summons
indicating future court dates for hearings on such offenses and shall
pay the cost of towing the vehicle and storage charges, if any.
[R.O. 2009 §27-118; Ord. No. 2067, 10-12-1988]
Notwithstanding the provisions of this Chapter that may be inconsistent
therewith, the sale or disposition of any vehicle subject to this
Chapter shall be performed consistent with the terms of Section 304.155,
RSMo.
[R.O. 2009 §27-119; Ord. No. 2067, 10-12-1988]
Law Enforcement Officers mentioned herein shall not be liable
for any damage to such vehicle occasioned by a removal authorized
by this Chapter.
[R.O. 2009 §27-120; Ord. No. 2067, 10-12-1988]
Any person violating any of the provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined as set out in Section 100.120. Each day said violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
