As used in this Article, the following terms shall have the
meanings set out herein:
ABANDONED PROPERTY
Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel removed or subject to removal from public
or private property as provided in this Article, 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.
PERSON
Any natural person, corporation or other legal entity.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
ROADWAY
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
TOWING COMPANY
Any person or entity which tows, removes or stores abandoned
property.
URBANIZED AREA
An area with a population of fifty thousand (50,000) or more
designated by the Bureau of the Census within boundaries to be fixed
by the State Highways and Transportation Commission and local officials
in cooperation with each other and approved by the Secretary of Transportation.
The boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designed by the Bureau of the Census.
No person shall abandon any motor vehicle on the right-of-way
of any public road or State highway or on any private real property
owned by another without his/her consent.
[Ord. No. 392 §§1
— 6, 12-17-1996]
A. For
the purpose of this Section, the following definitions shall apply:
FRONT YARD
The area extending across the front of a lot between the
lot lines and encompassing the area between the street right-of-way
line and the principal building. In the case of corner lots, the front
yard shall be deemed the yard facing any street.
INOPERABLE
When used in reference to vehicles or machinery means that
the vehicle or machine is not readily capable of operating in its
intended manner.
MINOR MOTOR VEHICLE REPAIRS
Incidental repairs or services to motor vehicles including
changing flat tires, repairing or servicing the electrical or ignition
system, replacing hoses, cleaning or replacing filters, installing
minor accessories, and adding or replacing lubricants, coolants, refrigerants
or hydraulic system fluids.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
REAR YARD
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the principal
building.
SIDE YARD
That part of the yard lying between the nearest line of the
principal building and a side lot line and extending from the front
yard to the rear yard.
VEHICLE
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. This definition
includes, but is not limited to, automobiles, trucks, trailers, motorcycles,
tractors, buggies, wagons, and all parts normally comprising or used
in conjunction with such automobiles, trucks, trailers, motorcycles,
tractors, buggies or wagons.
B. No
person in charge or control of any property within the City, whether
as owner, tenant, occupant, lessee or otherwise, shall allow any dismantled
or partially dismantled, inoperable, wrecked, junked, unlicensed or
discarded vehicle, or any parts normally comprising or used in conjunction
therewith, to remain on such property longer than twenty-four (24)
hours except in accordance with the following conditions:
1. A vehicle may remain on the premises of a business operated in a
lawful place and manner when necessary to the operation of such business
enterprise only if the vehicle is retained for the purpose of repair;
provided however, that no more than two (2) such vehicles may remain
on such premises other than in a fully enclosed garage.
2. A vehicle may be stored in an appropriate storage place or depository
maintained in a lawful place and manner by the City.
3. A vehicle may be stored at any time in an enclosed building.
4. In residential districts, one (1) such vehicle may be stored only
in a rear yard, a side yard or a carport, providing that such vehicle
is screened from view at normal eye level from any street or from
any adjoining lot by fencing or landscaping.
C. No
person shall repair or service any motor vehicle in any residential
zoning district except as hereinafter provided.
1. A vehicle may be repaired if the repairs are limited to those defined
herein as minor motor vehicle repairs and are fully completed within
a period of twenty-four (24) hours or less.
2. All repairs shall be limited to vehicles owned or operated by the
resident or residents living within the principal building.
D. No
person shall leave any partially dismantled, non-operating, wrecked,
junked or discarded vehicle on any street or highway within the City.
E. No
person shall undertake any vehicle repairs, other than minor repairs,
upon any street or highway within the City. Any minor repairs conducted
on a street or highway in the City must be fully completed within
a period of six (6) hours or less.
F. It
shall be the duty of the Marshal or other authorized Police agency
to enforce the provisions of this Section. Whenever the Marshal or
other authorized Police agency determines that a person is violating
the provisions of this Section, he/she shall give notice of such alleged
violation which shall:
2. Be served upon the person or a member of his/her immediate family
personally or delivered by registered or certified mail to his/her
last known address;
3. Contain a statement of the reason why it is being issued;
4. Contain a statement concerning what action should be taken to effect
compliance with this Section; and
5. Allow a reasonable time, but no more than forty-eight (48) hours,
for the performance of any act necessary to effect compliance.
G. Any Law Enforcement Officer or the Mayor or City Administrator of the City of Greendale may authorize a towing company to remove any dismantled; inoperable, wrecked, junked or abandoned vehicle to a place of safety pursuant to procedures set out in Section
215.080.
[Ord. No. 653 §§1
— 2, 8-19-2014]
H. The owner of any vehicle towed as provided this Section shall be responsible for payment of all reasonable charges for towing and storage of such vehicles as provided in Section
215.090.
[Ord. No. 653 §§1
— 2, 8-19-2014]
Except in the case of an accident resulting in the injury or
death of any person, the driver of a vehicle which for any reason
obstructs the regular flow of traffic on the roadway of any public
road or State highway shall make every reasonable effort to move the
vehicle or have it moved so as not to block the regular flow of traffic.
Any person who fails to comply with the requirements of this Section
is guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than fifty dollars ($50.00).
When the City has physical possession of the abandoned property,
it may sell the abandoned property in accordance with its established
provisions and regulations and may transfer ownership by means of
a bill of sale signed by the City Clerk and sealed with the official
City Seal. Such bill of sale shall contain the make and model of the
abandoned property, the complete abandoned property identification
number, and the odometer reading of the abandoned property if available
and shall be lawful proof of ownership for any dealer registered under
the provisions of Section 301.218, RSMo., or Section 301.560, RSMo.,
or for any other person.