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 or trailer on the
right-of-way of any public road or State highway.
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).
[CC 1989 §15-26; Ord.
No. 6801 §1, 9-11-1995]
A. Definitions. The following terms, as used in this Section,
shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
Any motor vehicle which has been abandoned in any one (1)
of the following places, to wit:
a.
Upon any street, alley or other public property located within
the City.
b.
In or upon the banks of any lake, stream or pond located within
the City.
c.
Upon any private real property owned by another without the
consent of such owner.
NUISANCE MOTOR VEHICLE
Any vehicle which is incapable of traveling under its own
power upon the public streets because of mechanical, structural or
other similar failures or defects, or which is not registered, or
which is improperly registered, or which does not display a valid
license and current inspection certificate, if such are required by
the State in which the vehicle is registered in order to operate the
vehicle upon public streets, except those vehicles which are on the
premises of a duly licensed automobile repair or sales business, or
in a duly licensed automobile junking yard.
UNATTENDED MOTOR VEHICLE
An unoccupied motor vehicle located upon any street, alley
or other public property within the City which has not, prior to becoming
unoccupied, first had its motor stopped, and the electric current
therein cut off.
B. All
unattended, abandoned or nuisance motor vehicles are hereby declared
to be public nuisances, and such nuisances shall be abated and prosecuted
as hereinafter set forth.
C. Other Violations. In addition to those vehicles declared to be public nuisances pursuant to Subsections
(A) and
(B) of this Section, no person owning or in charge of a vehicle shall park such vehicle on any public street:
1. For more than forty-eight (48) hours without operating the vehicle;
[Ord. No. 21-010, 4-26-2021]
2. Without a State vehicle license;
3. When such vehicle is so disabled or in such state of disrepair that
it is immobilized;
4. So as to constitute an obstruction or potential obstruction to other
vehicles upon such street;
5. Or when the owner, operator or other person in charge thereof is so incapacitated as to be unable to remove such vehicle or is taken into custody by the Police and the vehicle would be left unattended thereby. Any vehicle in violation of a prohibition set forth in this Subsection
(C) shall be considered a nuisance vehicle.
D. Commencement Of Proceedings. After complaint that an unattended,
abandoned or nuisance motor vehicle exists, the owner or custodian
thereof may be summoned to appear in Municipal Court.
E. Summary Abatement. If the owner or custodian of an unattended, abandoned or nuisance motor vehicle cannot be located, then a notice shall be posted upon such motor vehicle stating that such nuisance shall be abated within two (2) days if such vehicle is located upon public property and within ten (10) days if such vehicle is located upon private property. Upon the expiration of such period of time as is appropriate, the unattended, abandoned or nuisance motor vehicle shall be removed from its then current location and disposed of as hereinafter set forth. If, prior to abatement or disposition by sale, the owner or custodian previously unlocatable should then be located, proceedings shall thereafter be immediately commenced and proceed in accordance with Subsection
(D) above.
F. Proceedings. Upon a guilty plea or after trial and a finding of guilty in a proceeding commenced pursuant to Subsection
(D) above, the Municipal Judge shall assess the punishment as provided for by Subsection
(K) below and shall order the abatement of the public nuisance found to exist.
G. Seizure And Notice Thereof. After expiration of the period of time provided by Subsection
(E) above or after an order of abatement issued pursuant to Subsection
(F) above, the Code Enforcement Officer, the Chief of Police, or his/her designated representative shall abate the public nuisance by seizing the motor vehicle creating such nuisance and removing it to a storage location for subsequent redemption or sale. Upon seizure of such motor vehicle, notice of seizure shall be given to the owner thereof and the holder of any security interest secured by said motor vehicle at the last known address of each as is indicated by the records of the Missouri Department of Revenue. Such notice shall be in writing, be dispatched by certified mail with return receipt requested, and shall include the following information:
1. A description of the motor vehicle.
2. Any identifying marks or numbers upon the motor vehicle.
3. The date and place the motor vehicle was found or seized.
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Said motor vehicle shall be retained at such storage location
for a period of ninety (90) days unless earlier redeemed or unsold
after such ninety (90) day period.
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H. Redemption. The owner of a seized motor vehicle or the holder
of a security interest thereon which is in default, shall have a right
of redemption regarding such motor vehicle at any time prior to a
sale thereof. Redemption shall be made by tendering payment of the
actual reasonable charges incurred in towing and storage of such motor
vehicle.
I. Sale Of A Seized Motor Vehicle And Notice Thereof. After the expiration of the ninety (90) day period of storage provided by Subsection
(G) above, the motor vehicle, if unredeemed, shall be offered at public sale after giving ten (10) days' public notice thereof. The notice of sale shall be posted at the storage location, at City Hall and at the Jasper County Courthouse, Carthage, Missouri, and shall include the following information:
1. A description of the motor vehicle.
2. Any identifying marks or numbers thereon.
3. The date and place it was found or seized.
4. The time and place of the public sale.
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Proceeds from the public sale shall be first applied to the
actual reasonable costs of seizure and storage of the motor vehicle
stored, with the remainder of the proceeds of sale to be deposited
in the General Revenue Fund of the City. A bill of sale signed by
the Mayor, attested by the City Clerk and bearing the Seal of the
City shall be issued to the purchaser at such sale.
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J. It
shall be unlawful for any person to interfere with, hinder or refuse
to allow the Code Enforcement Officer, Chief of Police or his/her
designated representative to enter upon private real property for
the purpose of inspection, seizure or removal of any motor vehicle
alleged to be or in violation of any provisions of this Section.
K. Each
day that a violation of this Section exists shall be a separate offense.