As used in this Chapter, the following terms shall have the
meanings set out herein:
Any unattended or unlicensed motor vehicle, trailer, all-terrain
vehicle, outboard motor or vessel removed or subject to removal from
public or private property as provided in this Chapter, whether or
not operational. For any vehicle towed from the scene of an accident
at the request of law enforcement and not retrieved by the vehicle's
owner within five (5) days of the accident, the agency requesting
the tow shall be required to write an abandoned property report or
a criminal inquiry and inspection report.
Any wheel immobilization device that is attached to a vehicle
that prevents the vehicle from being driven.
[Ord. No. 1819 §1, 3-22-2016]
Any natural person, corporation or other legal entity.
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Any person or entity which tows, removes or stores abandoned
property.
The act of removing by tow truck, a motor vehicle from privately-owned
property within the City of Platte City where it is parked. The mere
preparation of a motor vehicle for removal by a tow truck or the attachment
of a motor vehicle to a tow truck, does not, for the purposes of this
Chapter constitute a "tow" or "towing."
[Ord. No. 1819 §1, 3-22-2016]
The impounding, incapacitating or immobilization of any vehicle,
whether motorized or not, without the permission of the owner or agent
of the owner of the vehicle by the use of any device, wheel clamp,
object barrel, boot, mechanism or method, either attached to the vehicle
or not, by the owner or agent of the property upon which the vehicle
is parked, that does not allow the owner of the vehicle or authorized
agent to freely move the vehicle from the place where it is immobilized.
[Ord. No. 1819 §1, 3-22-2016]
Any person, firm, association, corporation, partnership or
organization engaged in the operation of a vehicle immobilization
for a fee.
[Ord. No. 1819 §1, 3-22-2016]
[1]
State Law Reference — For similar provisions, §304.001,
RSMo.
No person shall abandon any motor vehicle or trailer on any
private real property owned by another without his/her consent.
[1]
State Law Reference — For similar provisions, §577.080,
RSMo.
[CC 1992 §215.080; Ord. No. 574 §2, 10-28-1991; Ord. No. 860 §3(215.510), 5-15-1996; Ord. No. 1398 §1(215.510), 12-15-2004]
Except where any damaged or unlicensed vehicle is kept upon
private property by a licensed and permitted body repair business
in a zoning district where such activity is permitted or by a licensed
and permitted motor vehicle sales business as a part of inventory
in a zoning district where such activity is permitted, any wrecked,
damaged, demolished, disabled or unlicensed vehicle, or part or portion
thereof, which is left or permitted to remain upon any property or
street is hereby declared to be a public nuisance unless such vehicle
is in a completely enclosed building.
A.
Generally. The City, including the City Police Department, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to Section 217.030 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of Section 217.050. When a City agency other than the Police Department authorizes a tow under this Subsection, it shall report the tow to the Police Department within two (2) hours with a crime inquiry and inspection report.
B.
Towing Authorized By City Police Department. If a person
abandons property on any real property owned by another without the
consent of the owner or person in possession of the real property,
at the request of the person in possession of the real property, any
City Police Officer may authorize a towing company to remove such
abandoned property from the property in the following circumstances:
C.
Towing Authorized By Real Property Owner, Lessee Or Property Or Security
Manager.
1.
The owner of real property or lessee in lawful possession of the
real property or the property or security manager of the real property
may authorize a towing company to remove abandoned property or property
parked in a restricted or assigned area without authorization by a
Law Enforcement Officer only when the owner, lessee or property or
security manager of the real property is present. A property or security
manager must be a full-time employee of a business entity. An authorization
to tow pursuant to this Subsection may be made only under any of the
following circumstances:
a.
Sign. There is displayed, in plain view at all entrances
to the property, a sign not less than seventeen (17) by twenty-two
(22) inches in size, with lettering not less than one (1) inch in
height, prohibiting public parking and indicating that unauthorized
abandoned property or property parked in a restricted or assigned
area will be removed at the owner's expense, disclosing the maximum
fee for all charges related to towing and storage, and containing
the telephone number of the local traffic law enforcement agency where
information can be obtained or a twenty-four (24) hour staffed emergency
information telephone number by which the owner of the abandoned property
or property parked in a restricted or assigned area may call to receive
information regarding the location of such owner's property.
b.
Unattended on owner-occupied residential property. The abandoned property is left unattended on owner-occupied residential
property with four (4) residential units or less and the owner, lessee
or agent of the real property in lawful possession has notified the
City Police Department, and ten (10) hours have elapsed since that
notification.
c.
Unattended on other private real property. The abandoned
property is left unattended on private real property and the owner,
lessee or agent of the real property in lawful possession of real
property has notified the City Police Department, and ninety-six (96)
hours have elapsed since that notification.
2.
Pursuant to this Section, any owner or lessee in lawful possession
of real property that requests a towing company to tow abandoned property
without authorization from a City Police Officer shall at that time
complete an abandoned property report which shall be considered a
legal declaration subject to criminal penalty pursuant to Section
575.060, RSMo. The report shall be in the form designed, printed and
distributed by the Missouri Director of Revenue and shall contain
the following:
a.
The year, model, make and abandoned property identification number
of the property, and the owner and any lienholders, if known;
b.
A description of any damage to the abandoned property noted by owner,
lessee or property or security manager in possession of the real property;
c.
The license plate or registration number and the State of issuance,
if available;
d.
The physical location of the property and the reason for requesting
the property to be towed;
e.
The date the report is completed;
f.
The printed name, address and telephone number of the owner, lessee
or property or security manager in possession of the real property;
g.
The towing company's name and address;
h.
The signature of the towing operator;
i.
The signature of the owner, lessee or property or security manager
attesting to the facts that the property has been abandoned for the
time required by this Section and that all statements on the report
are true and correct to the best of the person's knowledge and belief
and that the person is subject to the penalties for making false statements;
j.
Space for the name of the law enforcement agency notified of the
towing of the abandoned property and for the signature of the Law
Enforcement Official receiving the report; and
k.
Any additional information the Missouri Director of Revenue deems
appropriate.
3.
Any towing company which tows abandoned property without authorization from the City Police Department pursuant to Subsection (B) of this Section shall deliver a copy of the abandoned property report to the City Police Department. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the City Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subsection (C)(1)(a) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.
4.
The City Police Department, after receiving such abandoned property
report, shall record the date on which the abandoned property report
is filed with the Police Department and shall promptly make an inquiry
into the National Crime Information Center (NCIC) and any statewide
Missouri law enforcement computer system to determine if the abandoned
property has been reported as stolen. The Police Department shall
enter the information pertaining to the towed property into the statewide
law enforcement computer system and a Police Officer shall sign the
abandoned property report and provide the towing company with a signed
copy.
5.
The City Police Department, after receiving notification that abandoned
property has been towed by a towing company, shall search the records
of the Missouri Department of Revenue and provide the towing company
with the latest owner and lienholder information on the abandoned
property, and if the tower has online access to the Department of
Revenue's records, the tower shall comply with the requirements of
Section 304.155, RSMo. If the abandoned property is not claimed within
ten (10) working days, the towing company shall send a copy of the
abandoned property report signed by a Law Enforcement Officer to the
Department of Revenue.
6.
No owner, lessee or property or security manager of real property
shall knowingly authorize the removal of abandoned property in violation
of this Section.
7.
Any owner of any private real property causing the removal of abandoned
property from that real property shall state the grounds for the removal
of the abandoned property if requested by the registered owner of
that abandoned property. Any towing company that lawfully removes
abandoned property from private property with the written authorization
of the property owner or the property owner's agent who is present
at the time of removal shall not be held responsible in any situation
relating to the validity of the removal. Any towing company that removes
abandoned property at the direction of the landowner shall be responsible
for:
D.
Damage To Property. The owner of abandoned property removed
from private real property may recover for any damage to the property
resulting from any act of any person causing the removal of, or removing,
the abandoned property.
E.
Real Property Owner Liability. Any owner of any private
real property causing the removal of abandoned property parked on
that property is liable to the owner of the abandoned property for
double the storage or towing charges whenever there has been a failure
to comply with the requirements of this Chapter.
F.
Written Authorization Required — Delegation Of Authority To
Tow.
1.
Except for the removal of abandoned property authorized by the City
Police Department pursuant to this Section, a towing company shall
not remove or commence the removal of abandoned property from private
real property without first obtaining written authorization from the
real property owner. All written authorizations shall be maintained
for at least one (1) year by the towing company.
2.
General authorization to remove or commence removal of abandoned
property at the towing company's discretion shall not be delegated
to a towing company or its affiliates except in the case of abandoned
property unlawfully parked within fifteen (15) feet of a fire hydrant
or in a fire lane designated by a Fire Department or the State Fire
Marshal.
G.
Towing Company Liability. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (F) of this Section, is liable to the owner of the property for four (4) times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this Section.
[1]
State Law References — For similar provisions, §§304.157.1
— 2, 304.157.4 — 9, 304.158.2 — 4, 304.158.8 —
9, RSMo. (2004)
[Ord. No. 1819 §2, 3-22-2016]
B.
Booting Or Immobilization By Real Property Owner, Lessee,
Or Property Or Security Manager.
1.
The owner of real property or lessee in lawful possession of
the real property or the property or security manager of the real
property may authorize a booting or immobilization company to boot
or immobilize abandoned property or property parked in a restricted
or assigned area without authorization by a Law Enforcement Officer
only when the owner, lessee or property or security manager of the
real property is present. A property or security manager must be a
full time employee of a business entity. An authorization to boot
or immobilize pursuant to this Chapter may be made only under any
of the following circumstances.
C.
Immobilizing Vehicles On Private Parking Lots-Sign Required.
1.
No one shall boot or immobilize a vehicle, of any size or weight,
parked in a private parking lot unless there is a sign conspicuously
posted and clearly visible at each vehicle entrance and exit to the
property that has been permanently installed for a minimum of twenty-four
(24) hours prior to any vehicle being immobilized. The legible sign
shall be a minimum of seventeen (17) inches by twenty-two (22) inches
in size with lettering not less than one (1) inch in height and posted
so that the bottom of the sign is at least thirty-six (36) inches,
but no more than seventy-two (72) inches off of the ground.
2.
Each sign must provide at a minimum the following information
in one (1) inch lettering: Property is a private lot; Vehicles not
authorized to park shall be immobilized at owner's expense. Sign
must also include in one (1) inch lettering: name and phone number
of person or company authorized to remove boot or vehicle immobilization
device.
3.
Sign must also state the fee charged to remove boot or immobilization
device.
D.
Notice Of Vehicle Boot Or Immobilization Device.
1.
Immediately upon attaching a vehicle immobilization to a vehicle,
the vehicle immobilization service shall affix a written notice on
the driver's side window containing the following information:
A warning that any attempt to remove the vehicle may result in damage
to the vehicle; the name and telephone number of the company or person
responsible for removing the device; the maximum fee, as established
by ordinance, required to remove the vehicle immobilization device;
the time and reason the vehicle was immobilized; any complaints regarding
excessive charges should be reported to the Platte City Police Department.
E.
Other Conditions. Each vehicle immobilization service
or employee or agent of such service shall comply with the following:
1.
All boots or immobilization devices must be in safe and proper
working condition.
2.
All vehicle immobilization services shall have twenty-four (24)
hour service and access. All vehicle immobilization services shall
respond to all calls for release of the vehicle within one (1) hour
of the request for service.
3.
Charges for damages to boots or vehicle immobilization devices
shall not be governed by this Chapter and any such damage shall not
prevent the vehicle's release if the specified removal fee is
paid.
4.
It is unlawful for any person or entity, unless it is acting
on behalf of a governmental agency, to place a boot or immobilization
device on a motor vehicle parked on the public right of way.
5.
Emergency vehicles used by police, fire or medical emergencies
or any other government use shall not be immobilized for any reason.
Upon proof that an unmarked vehicle is used for a governmental purpose,
the immobilization device shall be removed immediately at no charge.
6.
A vehicle that has been immobilized shall not then be subject
to tow unless the owner has not redeemed the vehicle within ninety-six
(96) hours of the immobilization device being placed on the vehicle;
unless a Platte City Law Enforcement Officer determines that the vehicle
is an immediate hazard to public safety.
F.
Fee Charged For Removing Vehicle Immobilization Device.
1.
The fee for any charges to remove a vehicle immobilization device
shall not exceed seventy-five ($75.00) dollars. The vehicle immobilization
service shall accept Visa and Mastercard in addition to cash and money
orders. The service may charge those using credit cards an additional
fee to cover the costs of using or processing such cards, however,
such fee shall not exceed five dollars ($5.00) per removal.
A.
Payment Of Charges. The owner of abandoned property removed as provided in this Chapter shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Section 390.050.
C.
Reclaiming Property. The owner of such abandoned property,
or the holder of a valid security interest of record, may reclaim
it from the towing company upon proof of ownership or valid security
interest of record and payment of all reasonable charges for the towing
and storage of the abandoned property.
D.
Lienholder Repossession. If a lienholder repossesses any
motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel
without the knowledge or cooperation of the owner, then the repossessor
shall notify the City Police Department within two (2) hours of the
repossession and shall further provide the Police Department with
any additional information the Police Department deems appropriate.
The City Police Department shall make an inquiry with the National
Crime Information Center and the Missouri statewide law enforcement
computer system and shall enter the repossessed vehicle into the statewide
law enforcement computer system.
E.
Notice To Owner/Tow Lien Claim. Any towing company which
comes into possession of abandoned property pursuant to this Chapter
and who claims a lien for recovering, towing or storing abandoned
property shall give notice to the title owner and to all persons claiming
a lien thereon, as disclosed by the records of the Missouri Department
of Revenue or of a corresponding agency in any other State. The towing
company shall notify the owner and any lienholder within ten (10)
business days of the date of mailing indicated on the notice sent
by the Missouri Department of Revenue pursuant to Section 304.156,
RSMo., by certified mail, return receipt requested. The notice shall
contain the following:
1.
The name, address and telephone number of the storage facility;
2.
The date, reason and place from which the abandoned property was
removed;
3.
A statement that the amount of the accrued towing, storage and administrative
costs are the responsibility of the owner, and that storage and/or
administrative costs will continue to accrue as a legal liability
of the owner until the abandoned property is redeemed;
4.
A statement that the storage firm claims a possessory lien for all
such charges;
5.
A statement that the owner or holder of a valid security interest
of record may retake possession of the abandoned property at any time
during business hours by proving ownership or rights to a secured
interest and paying all towing and storage charges;
6.
A statement that, should the owner consider that the towing or removal
was improper or not legally justified, the owner has a right to request
a hearing as provided in this Section to contest the propriety of
such towing or removal;
7.
A statement that if the abandoned property remains unclaimed for
thirty (30) days from the date of mailing the notice, title to the
abandoned property will be transferred to the person or firm in possession
of the abandoned property free of all prior liens; and
8.
A statement that any charges in excess of the value of the abandoned
property at the time of such transfer shall remain a liability of
the owner.
F.
Physical Search Of Property. In the event that the Missouri
Department of Revenue notifies the towing company that the records
of the Department of Revenue fail to disclose the name of the owner
or any lienholder of record, the towing company shall attempt to locate
documents or other evidence of ownership on or within the abandoned
property itself. The towing company must certify that a physical search
of the abandoned property disclosed no ownership documents were found
and a good faith effort has been made. For purposes of this Section, "good faith effort" means that the following checks have
been performed by the company to establish the prior State of registration
and title:
1.
Check of the abandoned property for any type of license plates, license
plate record, temporary permit, inspection sticker, decal or other
evidence which may indicate a State of possible registration and title;
2.
Check the law enforcement report for a license plate number or registration
number if the abandoned property was towed at the request of a law
enforcement agency;
3.
Check the tow ticket/report of the tow truck operator to see if a
license plate was on the abandoned property at the beginning of the
tow, if a private tow; and
4.
If there is no address of the owner on the impound report, check
the law enforcement report to see if an out-of-state address is indicated
on the driver license information.
G.
Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Chapter or any person claiming a lien, other than the towing company, within ten (10) days after the receipt of notification from the towing company pursuant to Subsection (E) of this Section may file a petition in the Associate Circuit Court in the County where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be served on the Director of Revenue.
H.
Notice To Owner. Notice as to the removal of any abandoned
property pursuant to this Chapter shall be made in writing within
five (5) working days to the registered owner and any lienholder of
the fact of the removal, the grounds for the removal, and the place
to which the property has been removed by either:
1.
The public agency authorizing the removal; or
2.
The towing company, where authorization was made by an owner or lessee
of real property.
|
|
If the abandoned property is stored in any storage facility,
a copy of the notice shall be given to the operator of the facility.
The notice provided for in this Section shall include the amount of
mileage if available shown on the abandoned property at the time of
removal.
|
I.
Tow Truck Requirements. Any towing company which tows abandoned
property for hire shall have the towing company's name, City and State
clearly printed in letters at least three (3) inches in height on
the sides of the truck, wrecker or other vehicle used in the towing.
J.
Storage Facilities. Persons operating or in charge of any
storage facility where the abandoned property is stored pursuant to
this Chapter shall accept cash for payment of towing and storage by
a registered owner or the owner's agent claiming the abandoned property.
K.
Disposition Of Towed Property. Notwithstanding the provisions
of Section 301.227, RSMo., any towing company who has complied with
the notification provisions in Section 304.156, RSMo., including notice
that any property remaining unredeemed after thirty (30) days may
be sold as scrap property may then dispose of such property as provided
in this Subsection. Such sale shall only occur if at least thirty
(30) days has passed since the date of such notification, the abandoned
property remains unredeemed with no satisfactory arrangements made
with the towing company for continued storage, and the owner or holder
of a security agreement has not requested a hearing as provided in
Section 304.156, RSMo. The towing company may dispose of such abandoned
property by selling the property on a bill of sale as prescribed by
the Director of Revenue to a scrap metal operator or licensed salvage
dealer for destruction purposes only. The towing company shall forward
a copy of the bill of sale provided by the scrap metal operator or
licensed salvage dealer to the Director of Revenue within two (2)
weeks of the date of such sale. The towing company shall keep a record
of each such vehicle sold for destruction for three (3) years that
shall be available for inspection by law enforcement and authorized
Department of Revenue officials. The record shall contain the year,
make, identification number of the property, date of sale, and name
of the purchasing scrap metal operator or licensed salvage dealer
and copies of all notifications issued by the towing company as required
in this Chapter. Scrap metal operators or licensed salvage dealers
shall keep a record of the purchase of such property as provided in
Section 301.227, RSMo. Scrap metal operators and licensed salvage
dealers may obtain a junk certificate as provided in Section 301.227,
RSMo., on vehicles purchased on a bill of sale pursuant to the Section.
[1]
State Law References — For similar provisions, §§304.155.5
— 6 (2004), 304.155.11 — 12(2004), 304.158.1, 304.158.5,
304.158.7, RSMo.
