[Ord. No. 2974 §1, 1-6-2010]
A. Any Law
Enforcement Officer, or an official of the City where the City's real
property is concerned, may authorize a towing company to remove to
a place of safety:
1. Any
abandoned or inoperable vehicles on the right-of-way of:
a. Any
State highway, other than an interstate highway or freeway outside
of an urbanized area, left unattended for more than twenty-four (24)
hours;
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provided that commercial motor vehicles referred to in Subsection (a) not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Section to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice; or
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b. Any
highway, street or roadway left unattended for more than ten (10)
hours.
2. Any
unattended abandoned or inoperable vehicles illegally left standing
upon any highway or bridge if the abandoned or inoperable vehicle
is left in a position or under such circumstances as to obstruct the
normal movement of traffic where there is no reasonable indication
that the person in control of the property is arranging for its immediate
control or removal.
3. Any abandoned or inoperable vehicles which has been abandoned under Chapter
390 of this Title or Section 577.080, RSMo.
4. Any
abandoned or inoperable vehicles which has been reported as stolen
or taken without consent of the owner.
5. Any
abandoned or inoperable vehicles for which the person operating such
property is arrested for an alleged offense for which the officer
is required to take the person into custody and where such person
is unable to arrange for the property's timely removal.
6. Any
abandoned or inoperable vehicles which due to any other State law
or City ordinance is subject to towing because of the owner's outstanding
traffic or parking violations.
7. Any
abandoned or inoperable vehicles left unattended in violation of a
State law or City ordinance where signs have been posted giving notice
of the law or where the violation causes a safety hazard.
B. When
the City Police Department authorizes a tow pursuant to this Section
in which the abandoned or inoperable vehicle is moved from the immediate
vicinity, it shall complete a crime inquiry and inspection report.
C. Any City
agency other than the City Police Department authorizing a tow under
this Section where property is towed away from the immediate vicinity
shall report the tow to the City Police Department within two (2)
hours of the tow, along with a crime inquiry and inspection report.
[Ord. No. 2974 §2, 1-6-2010]
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
390.100 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
390.120. 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 or inoperable vehicles from the property in the following
circumstances:
1. The
abandoned or inoperable vehicle is left unattended for more than twenty-four
(24) hours; or
2. In the
judgment of a Police Officer, the abandoned or inoperable vehicle
constitutes a safety hazard or unreasonably interferes with the use
of the real property by the person in possession.
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 or inoperable vehicles
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 or inoperable vehicles 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 or inoperable vehicle 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
or inoperable vehicle 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
or inoperable vehicle 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 or inoperable
vehicles without authorization from a City Police Officer shall at
that time complete an abandoned or inoperable vehicle 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 or inoperable vehicle identification
number of the property, and the owner and any lienholders, if known;
b. A
description of any damage to the abandoned or inoperable vehicle 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 or inoperable vehicle 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 or inoperable vehicles without authorization from the City Police Department pursuant to Subsection
(B) of this Section shall deliver a copy of the abandoned or inoperable vehicle 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 or inoperable
vehicle report, shall record the date on which the abandoned or inoperable
vehicle 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 or inoperable vehicle 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 or inoperable vehicle
report and provide the towing company with a signed copy.
5. The
City Police Department, after receiving notification that abandoned
or inoperable vehicle 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 or inoperable vehicle, 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 or inoperable
vehicle is not claimed within ten (10) working days, the towing company
shall send a copy of the abandoned or inoperable vehicle 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 or inoperable vehicle in violation
of this Section.
7. Any
owner of any private real property causing the removal of abandoned
or inoperable vehicles from that real property shall state the grounds
for the removal of the abandoned or inoperable vehicle if requested
by the registered owner of that abandoned or inoperable vehicle. Any
towing company that lawfully removes abandoned or inoperable vehicle
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
or inoperable vehicles at the direction of the landowner shall be
responsible for:
a. Any
damage caused by the towing company to the property in the transit
and subsequent storage of the property; and
b. The
removal of property other than the property specified by the owner
of the private real property from which the abandoned or inoperable
vehicle was removed.
D. Damage To Property. The owner of abandoned or inoperable
vehicles 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 or inoperable vehicles.
E. Real Property Owner Liability. Any owner of any private
real property causing the removal of an abandoned or inoperable vehicle
parked on that property is liable to the owner of the abandoned or
inoperable vehicle for double the storage or towing charges whenever
there has been a failure to comply with the requirements of this Article.
F. Written Authorization Required—Delegation Of Authority To Tow.
1. Except
for the removal of abandoned or inoperable vehicles authorized by
the City Police Department pursuant to this Section, a towing company
shall not remove or commence the removal of abandoned or inoperable
vehicles 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 or inoperable
vehicles at the towing company's discretion shall not be delegated
to a towing company or its affiliates except in the case of abandoned
or inoperable vehicles 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 or inoperable vehicles 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.
When the City has physical possession of the abandoned or inoperable
vehicle, it may sell the abandoned or inoperable vehicle 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 or inoperable vehicle, the complete abandoned
or inoperable vehicle identification number, and the odometer reading
of the abandoned or inoperable vehicle 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.