Editor's note — Ord. no. 96-75 replaced ch. 360 with the
new provisions set forth herein. Former ch. 360 derived from ord.
no. 88-39 §§24.1410 — 24.1430, 7-6-1988.
[Ord. No. 96-75 §1, 11-6-1996]
A.
Any officer
of the City of Bridgeton Police Department may, as provided by Section
304.155, Subsection 1 (1996), RSMo. and Section 304.157, Subsection
1 (1996), RSMo. or as hereafter may be amended, authorize a towing
company to remove to a place of safety:
1.
Any
abandoned property from the right-of-way of any interstate highway,
freeway, state highway, highway, street or alley constructed and maintained
by the State Highways and Transportation Commission or by St. Louis
County or by the City of Bridgeton, if such abandoned property has
been left unattended on the right-of-way of such interstate highway,
freeway, highway, street or alley for more than twenty-four (24) hours.
2.
Any
unattended abandoned property illegally left standing upon any highway,
street or alley if the abandoned property is left in such 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 property found on or in any of the waters in this City or
on the banks of any waters or on any public land within the City owned,
operated or leased by the City of Bridgeton or by St. Louis County
or by the State of Missouri or by the United States or by any board,
department, agency or commission thereof respectively, if such abandoned
property has been left unattended in such place for more than forty-eight
(48) hours.
4.
Any
abandoned property which has been left on any real property within
the City without the consent of the owner or person in possession
of such real property where the owner or person in possession of such
real property requests the removal of such abandoned property and
either the abandoned property has been left unattended for more than
forty-eight (48) hours, or in the judgment of an Officer of the Police
Department of the City of Bridgeton, the abandoned property constitutes
a safety hazard or unreasonably interferes with the use of such real
property by the owner or person in possession thereof.
5.
Any
abandoned property which is parked in any area marked and designated
by any agency empowered to designate fire lanes in the City where
the owner or person in possession of the real property upon which
such fire lane has been marked and designated requests the removal
of such abandoned property. Abandoned property parked in a fire lane
is hereby declared to be a safety hazard.
6.
Any
abandoned property which has been reported to the Police Department
of the City of Bridgeton or any other Law Enforcement Agency as stolen
or taken without the consent of the owner.
7.
Any
abandoned property being operated by a person at the time such person
is arrested for an alleged offense for which the officer is required
to take such person into custody and where such person is unable to
arrange for the property's timely removal.
8.
Any
abandoned property which, due to any other State law or local ordinance,
is subject to towing because of the owner's outstanding traffic or
parking violations.
9.
Any
abandoned property left unattended in violation of a State law or
local ordinance where signs have been posted giving notice of the
law or where the violation causes a safety hazard.
10.
Any
abandoned property illegally left standing on any waters within the
State, including any body of water which has been leased to or owned
by the State Department of Conservation or on any lakes constructed
or maintained by the United States Corps of Engineers other than bodies
of water owned by a person, corporation, association, partnership,
municipality or other political subdivision, public water supply impoundments,
and drainage ditches constructed by a drainage district.
[Ord. No. 96-75 §1, 11-6-1996; Ord. No. 99-80 §1, 10-20-1999]
A.
Any 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 property or property parked in
a restricted or assigned area without authorization by an officer
of the City of Bridgeton Police Department only when the owner, lessee
or property or security manager of the real property is present and
only in the following circumstances:
1.
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 property 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 City of Bridgeton
Police Department where information can be obtained or a twenty-four
(24) hour staffed emergency information telephone number, other than
the number of a towing company, by which the owner of the abandoned
property or property parked in a restricted or assigned area may call
to receive information regarding the location of such owner's property;
2.
The
abandoned property 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 of Bridgeton Police Department, and ten (10) hours have elapsed
since that notification; or
3.
The
abandoned property is left unattended on private property and the
owner, lessee or agent of the real property in lawful possession of
real property has notified the City of Bridgeton Police Department,
and ninety-six (96) hours have elapsed since that notification.
4.
A property
or security manager must be a full-time employee of a business entity.
B.
Any owner
or person in lawful possession of real property that requests a towing
company to tow abandoned property without authorization from an officer
of the City of Bridgeton Police Department shall at that time complete
an Abandoned Property Report.
C.
Any towing company that tows abandoned property from private property without authorization from an officer of the City of Bridgeton Police Department shall deliver a copy of the Abandoned Property Report to the City of Bridgeton Police Department within two (2) hours if the tow was made from a location displaying a seventeen (17) by twenty-two (22) inch sign as previously described in Subsection (A)(1).
[Ord. No. 96-75 §1, 11-6-1996]
A.
With
respect to the removal and towing of abandoned property as provided
in this Chapter and the Missouri Statutes, all the provisions of Section
304.155, Subsections 2 — 12, Section 304.156, Section 304.157,
Subsections 2 — 8 and Section 304.158, shall apply and all procedures,
duties, rights and immunities as provided in said Statutes shall be
in effect with respect to such towing and removal, and any Officer
of the Police Department of the City of Bridgeton, Missouri acting
under said Statutes in this Title shall, in addition, have all other
rights and immunities existing under law.
B.
Any officer
of the City of Bridgeton Police Department that authorizes a tow or
receives an abandoned property report must make an inquiry with the
statewide computer system and the National Crime Information Center
(NCIC) to determine if the abandoned property has been reported stolen
and must enter the abandoned property information into the statewide
computer system.
C.
Any towing
company in possession of abandoned property who claims a lien on such
property for the payment of towing and storage charges must notify
the last known owner and/or lienholder of record that the property
has been towed, which notice must contain a statement that the owner
and/or lienholder has the right to request a hearing if they believe
that their property was improperly towed and provide instructions
for redeeming the abandoned property.
[Ord. No. 96-75 §1, 11-6-1996]
The Police Department of the City of Bridgeton and the Officers
thereof shall do all things necessary to implement this Chapter and
said Statutes as provided in said Statutes.
[Ord. No. 96-75 §1, 11-6-1996]
The Officers of the Police Department of the City of Bridgeton
shall authorize the removal of abandoned property as provided in this
Chapter and in said Statutes only by those towing companies that agree
in advance in writing furnished to the Chief of Police to comply with
the provisions of said Statutes, including, without limitation, the
procedures and record keeping requirements specified in said Statutes.
[Ord. No. 96-75 §1, 11-6-1996]
The Chief of Police of the City of Bridgeton is hereby authorized
to adopt all forms and to take and to authorize all action necessary
or appropriate to accomplish the purposes of this Chapter and the
purposes of Sections 304.155 and 304.158, RSMo.
