[Ord. No. 20-2291, 3-16-2020]
As used in this Article, the following terms shall have the
meanings set out herein:
ABANDONED/INOPERABLE VEHICLE
Any motor vehicle, or parts thereof, situated on property
or upon any street or highway, and:
1.
Which does not have displayed thereon a permanent license plate
or set of plates issued for that vehicle indicating current registration
by one of the States; or
2.
For which no arrangements have been made for its storage with
the owner or occupant of the premises on which it is located;
3.
The owner of which has indicated by his/her words or actions
his/her intent to leave the same and no longer claims ownership thereof;
or
4.
Any partially dismantled, non-operating, wrecked or junked motor
vehicle.
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 or abandoned/inoperable vehicles.
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.
[Ord. No. 20-2291, 3-16-2020]
A person commits the offense of abandoning a motor vehicle if
he/she abandons any motor vehicle on the right-of-way of any public
road or State highway or on or in any of the waters in this State
or on the banks of any stream or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof, or any political subdivision thereof or on any land or water
owned, operated or leased by the Federal Government or on any private
real property owned by another without his/her consent.
[Ord. No. 03-1424 §1, 5-19-2003; Ord.
No. 20-2291, 3-16-2020]
The open storage of inoperable vehicles or other vehicles is
deemed by the City to constitute a public safety hazard and 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. A tarpaulin, tent or other similar
temporary structure shall not be deemed to satisfy the requirements
of this Section.
[Ord. No. 20-2291, 3-16-2020]
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).
[Ord. No. 20-2291, 3-16-2020]
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 property or abandoned/inoperable vehicle on the right-of-way
of:
a. Any State highway or interstate highway or freeway in an urbanized
area of the City left unattended for ten (10) hours;
b. Any State highway or interstate highway or freeway outside of an
urbanized area of the City left unattended for more than forty-eight
(48) hours;
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provided that commercial motor vehicles 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.
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2. Any unattended abandoned property or abandoned/inoperable vehicle
illegally left standing upon any highway or bridge if the abandoned
property or abandoned/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 property or abandoned/inoperable vehicle which has been abandoned under Section
215.030 herein or Section 577.080, RSMo.
4. Any abandoned property or abandoned/inoperable vehicle which has
been reported as stolen or taken without consent of the owner.
5. Any abandoned property or abandoned/inoperable vehicle 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 property or abandoned/inoperable vehicle 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 property or abandoned/inoperable vehicle 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 property or abandoned/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. 20-2291, 3-16-2020]
A. Payment Of Charges. The owner of abandoned property or an
abandoned/inoperable vehicle removed as provided in this Article shall
be responsible for payment of all reasonable charges for towing and
storage of such abandoned property or abandoned/inoperable vehicle.
B. Crime Inquiry And Inspection Report. Upon the towing of any abandoned property or abandoned/inoperable vehicle pursuant to Section
215.060 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section
215.070, the City Police Department, where it authorized such towing or was properly notified by another governmental agency of such towing, shall promptly make an inquiry with the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property or abandoned/inoperable vehicle has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system.
If the abandoned property or abandoned/inoperable vehicle is
not claimed within ten (10) working days of the towing, the City Police
Department shall submit a crime inquiry and inspection report to the
Missouri Director of Revenue. The City Police Department shall also
provide one (1) copy of the report to the storage facility and one
(1) copy to the towing company. A towing company in possession of
abandoned property or an abandoned/inoperable vehicle after ten (10)
working days shall report such fact to the City Police Department.
The crime inquiry and inspection report shall be designed by the Director
of Revenue and shall include the following:
1. The year, model, make and property identification number of the property
and the owner and any lienholders, if known;
2. A description of any damage to the property noted by the Law Enforcement
Officer authorizing the tow;
3. The license plate or registration number and the State of issuance,
if available;
4. The storage location of the towed property;
5. The name, telephone number and address of the towing company;
6. The date, place and reason for the towing of the abandoned property
or abandoned/inoperable vehicle;
7. The date of the inquiry of the National Crime Information Center,
any statewide Missouri law enforcement computer system, and any other
similar system which has titling and registration information to determine
if the abandoned property or abandoned/inoperable vehicle had been
stolen. This information shall be entered only by the City Police
Department;
8. The signature and printed name of the Law Enforcement Officer authorizing
the tow and the towing operator; and
9. Any additional information the Missouri Director of Revenue deems
appropriate.
C. Reclaiming Property. The owner of such abandoned property
or abandoned/inoperable vehicle, 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
or abandoned/inoperable vehicle.
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. 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 or abandoned/inoperable vehicle itself. The towing company
must certify that a physical search of the abandoned property or abandoned/
inoperable vehicle 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 or abandoned/inoperable vehicle 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 or abandoned/inoperable vehicle 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 or abandoned/inoperable
vehicle 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.
[Ord. No. 20-2291, 3-16-2020]
When the City has physical possession of the abandoned property
or abandoned/inoperable vehicle, it may sell the abandoned property
or abandoned/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 property or abandoned/inoperable vehicle, the complete abandoned
property or abandoned/inoperable vehicle identification number, and
the odometer reading of the abandoned property or abandoned/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.