Webb City, MO Abandoned Property

As used in this Article, the following terms shall have the meanings set out herein:

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.

Section 220.030 Abandoned Vehicles or Trailers Prohibited.

No person shall abandon any motor vehicle or trailer on the right-of-way of any public road or State highway.

Section 220.040 Obstructing The Flow of Traffic Prohibited.

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).

Section 220.050 Towing of Abandoned Property On Public Real Property.

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:

Any abandoned property on the right-of-way of:

Any interstate highway or freeway in an urbanized area of the City left unattended for ten (10) hours, or immediately if a Law Enforcement Officer determines that the abandoned property is a serious hazard to other motorists;

Any interstate highway or freeway outside of an urbanized area of the City left unattended for forty-eight (48) hours, or after four (4) hours if a Law Enforcement Officer determines that the abandoned property is a serious hazard to other motorists;

Any State highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than forty-eight (48) hours;

provided that commercial motor vehicles referred to in Subsections (a—c) 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

Any State highway other than an interstate highway or freeway in an urbanized area, left unattended for more than ten (10) hours.

Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property 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.

Any abandoned property which has been abandoned under Section 220.030 herein or Section 577.080, RSMo.

Any abandoned property which has been reported as stolen or taken without consent of the owner.

Any abandoned property 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.

Any abandoned property which due to any other State law or City ordinance is subject to towing because of the owner's outstanding traffic or parking violations.

Any abandoned property 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.

When the City Police Department authorizes a tow pursuant to this Section in which the abandoned property is moved from the immediate vicinity, it shall complete a crime inquiry and inspection report.

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.

Section 220.060 Maximum Parking Limit — Unattended or Abandoned Cars.

[CC 1989 §15-26; Ord. No. 6801 §1, 9-11-1995]

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:

Upon any street, alley or other public property located within the City.

In or upon the banks of any lake, stream or pond located within the City.

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.

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.

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:

For more than forty-eight (48) hours without operating the vehicle;

[Ord. No. 21-010, 4-26-2021]

Without a State vehicle license;

When such vehicle is so disabled or in such state of disrepair that it is immobilized;

So as to constitute an obstruction or potential obstruction to other vehicles upon such street;

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.

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.

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.

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.

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:

A description of the motor vehicle.

Any identifying marks or numbers upon the motor vehicle.

The date and place the motor vehicle was found or seized.

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.

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.

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:

A description of the motor vehicle.

Any identifying marks or numbers thereon.

The date and place it was found or seized.

The time and place of the public sale.

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.

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.

Each day that a violation of this Section exists shall be a separate offense.