As used in this Chapter, the following terms shall have the
meanings set out herein:
ABANDONED PROPERTY
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.
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.
The open storage of inoperable or unlicensed vehicles or other
vehicles deemed by the City to constitute a public safety hazard is
prohibited. Nothing in this Section shall apply to a vehicle which
is completely enclosed within a locked building or locked fenced area
and not visible from adjacent public or private property, nor to any
vehicle upon the property of a business licensed as salvage, swap,
junk dealer, towing or storage facility so long as the business is
operated in compliance with its business license and the property
is in compliance with applicable zoning ordinances.
[Ord. No. 2015-4, 3-10-2015]
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
385.050.
B. Crime Inquiry And Inspection Report. As to crime inquiry and inspection reports required by State Law, see Chapter
385 of this Code, Section
385.040.
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.
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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.
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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 have 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.
L. Sale Of Abandoned Property By The City. If the vehicle,
part or junk is unredeemed at the expiration of thirty (30) days the
Chief of Police or other City Official designated by the Mayor may
sell it to the highest bidder, or if it has no sale value may otherwise
dispose of it. If the City opts to sell the property, it 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 abandoned property, the complete abandoned property
identification number and the odometer reading of the abandoned property
if available shall be lawful proof of ownership for any dealer registered
under the provisions of Section 301.218 or 301.560, RSMo., or for
any other person. Any dealer or other person purchasing such property
from the City shall apply within thirty (30) days of the purchase
for a certificate. Any money received from disposal of any vehicle,
part or junk shall be applied to the expenses charged to the owner;
provided however, that if the owner cannot be found with in thirty
(30) days of such sale the surplus shall become the property of the
City.
M. Notice Of Sale. Prior to the sale of any such property
the Chief of Police or other City Official designated by the Mayor
shall cause to be published in a newspaper of general circulation
with in the City a notice of sale stating:
1.
That the City is selling abandoned property;
2.
The color, make, motor number and serial number, if available,
and any other information necessary for an accurate identification
of the property;
3.
The terms of the sale; and
4.
The date, time and place of the sale. This notice shall be posted
not less than ten (10) nor more than thirty (30) days prior to the
date of sale.
N. Insider Sale. No City officer or employee shall
acquire at any such sale any property seized pursuant to this Section.
O. Proceeds Of Public Sale. When property located within
the corporate limits of the City is authorized to be towed away by
Chief of Police and disposed of as set forth in this Section, the
proceeds of the public sale or disposition after the deduction of
towing, storage and processing charges shall be deposited in the municipal
treasury.