Chapter 395 Abandoned Property

Section 395.010 Definitions.

[Code 1980 §15-148; CC 1990 §15-331; Ord. No. 6239, 3-8-1999; Ord. No. 6308, 10-11-1999; Ord. No. 6739, 9-9-2002; Ord. No. 7431 §1, 7-27-2007]

As used in this Chapter, the following terms shall mean:

ABANDONED PROPERTY

Any unlicensed, inoperable, unattended motor vehicle, trailer, all-terrain vehicle, outboard motor, vessel or watercraft or airplane removed or subject to removal from public or private property as provided in the Chapter.

ANTIQUE VEHICLE

Any vehicle which is twenty-five (25) years or older and is licensed or in the process of being licensed as an antique vehicle by the Missouri Department of Vehicles.

INOPERABLE VEHICLE

A vehicle shall be deemed to be inoperable if it contains no engine, is missing one (1) or more wheels, contains one (1) or more flat tires, or is missing body parts which are necessary for the proper operation of the vehicle.

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.

Section 395.020 Abandoned or Unlicensed Vehicles Prohibited.

[CC 1990 §15-332; Ord. No. 6308, 10-11-1999]

No person shall abandon any motor vehicle on the right-of-way of any public road or State highway or on any private real property owned by another without his/her consent.

No owner, occupant or person occupying any property within the City shall allow or permit the parking or storing of any automobile, trailer or motor vehicle, whether or not in a usable condition, on any public or private property, including, but not limited to, any public or private street, which is not legally registered with properly displayed license plates issued under the Statutes of the State on the property so occupied unless the same be stored in a closed garage which shall consist of four (4) sides, a roof and a door; however, this Section shall not apply to new and used cars or trailer sales lots duly licensed by the State and laws of the City; and this Section shall not apply to any automotive repair garage or filling station where the motor vehicle is being repaired provided that such motor vehicle shall not be so parked for more than thirty (30) days for each repair.

Section 395.030 Open Storage of Abandoned Property OR Public Safety Hazards Prohibited.

[CC 1990 §15-333; Ord. No. 6308, 10-11-1999; Ord. No. 7431 §2, 7-27-2007]

The open storage of abandoned property constitutes a public safety hazard and is prohibited. Nothing in this Section shall apply to property which is completely enclosed within a building or a locked fence area and not visible from adjacent or to public or private property or 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 nor to any antique vehicle unless and until the owner has been given at least ninety (90) days' notice that such antique vehicle must finalize the licensing process.

Section 395.040 Towing of Abandoned Property On Public Real Property.

Any Law Enforcement Officer within the officer's jurisdiction, or an officer of a government agency where that agency'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, left unattended for ten (10) hours, or after four (4) hours if a law enforcement officer determines that the abandoned property is a serious hazard to other motorists, provided that commercial motor vehicles not hauling materials designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

Any interstate highway or freeway outside of an urbanized area, 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, provided that commercial motor vehicles not hauling materials designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

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

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 not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

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 577.080, RSMo.;

Any abandoned property which has been reported as stolen or taken without consent off 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 local 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 local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard; or

Any abandoned property illegally left standing on the waters of this State as defined in Section 306.010, RSMo., where the abandoned property is obstructing the normal movement of traffic, or where the abandoned property has been unattended for more than ten (10) hours or is floating loose on the water.

The State Transportation Department may immediately remove any abandoned, unattended, wrecked, burned or partially dismantled property, spilled cargo or other personal property from the roadway of any State highway if the abandoned property, cargo or personal property is creating a traffic hazard because of its position in relation to the State highway. In the event the property creating a traffic hazard is a commercial motor vehicle, as defined in Section 302.700, RSMo., the department's authority under this Subsection shall be limited to authorizing a towing company to remove the commercial motor vehicle to a place of safety, except that the owner of the commercial motor vehicle or the owner's designated representative shall have a reasonable opportunity to contact a towing company of choice. The provisions of this Subsection shall not apply to vehicles transporting any material which has been designated as hazardous under Section 5103(a) of Title 49, U.S.C.

Any law enforcement agency authorizing a tow pursuant to this Section in which the abandoned property is moved from the immediate vicinity shall complete a crime inquiry and inspection report. Any State or Federal Government agency other than a law enforcement agency authorizing a tow pursuant to this Section in which the abandoned property is moved away from the immediate vicinity in which it was abandoned shall report the towing to the State Highway Patrol or Water Patrol within two (2) hours of the tow along with a crime inquiry and inspection report as required in this Section. Any local government agency, other than a law enforcement agency, authorizing a tow pursuant to this Section where property is towed away from the immediate vicinity shall report the tow to the local law enforcement agency within two (2) hours along with a crime inquiry and inspection report.

Neither the Law Enforcement Officer, government agency official nor anyone having custody of abandoned property under his/her direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this Section or by ordinance of a County or municipality licensing and regulating the sale of abandoned property by the municipality, other than damages occasioned by negligence or by willful or wanton acts or omissions.

The owner of abandoned property removed as provided in this Section or in Section 395.050 shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Sections 395.055 and 395.070.

Upon the towing of any abandoned property pursuant to this Section or under authority of a Law Enforcement Officer or local government agency pursuant to Section 395.050, the law enforcement agency that authorized such towing or was properly notified by another government agency of such towing shall promptly make an inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the abandoned property 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 is not claimed within ten (10) working days of the towing, the tower who has online access to the Department of Revenue's records shall make an inquiry to determine the abandoned property owner and lienholder, if any, of record. In the event that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the tower shall comply with the requirements of Subsection 3 of Section 304.156, RSMo. If the tower does not have online access, the law enforcement agency shall submit a crime inquiry and inspection report to the Director of Revenue. A towing company that does not have online access to the department's records and that is in possession of abandoned property after ten (10) working days shall report such fact to the law enforcement agency with which the crime inquiry and inspection report was filed. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:

The year, model, make and property identification number of the property and the owner and any lienholders, if known;

A description of any damage to the property noted by the officer authorizing the tow;

The license plate or registration number and the State of issuance, if available;

The storage location of the towed property;

The name, telephone number and address of the towing company;

The date, place and reason for the towing of the abandoned property;

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 had been stolen. This information shall be entered only by the law enforcement agency making the inquiry;

The signature and printed name of the officer authorizing the tow; and

The name of the towing company, the signature and printed name of the towing operator, and an indicator disclosing whether the tower has online access to the department's records;

10.

Any additional information the Director of Revenue deems appropriate.

One (1) copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One (1) copy shall be provided to and retained by the storage facility and one (1) copy shall be retained by the towing facility in an accessible format in the business records for a period of three (3) years from the date of the tow or removal.

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.

Any person who removes abandoned property at the direction of a Law Enforcement Officer or an officer of a government agency where that agency's real property is concerned as provided in this Section shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record. Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents. The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property. Such lien shall be enforced in the manner provided under Section 304.156, RSMo.

Towing companies shall keep a record for three (3) years on any abandoned property towed and not reclaimed by the owner of the abandoned property. Such record shall contain information regarding the authorization to tow, copies of all correspondence with the Department of Revenue concerning the abandoned property, including copies of any online records of the towing company accessed and information concerning the final disposition of the possession of the abandoned property.

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 local law enforcement agency where the repossession occurred within two (2) hours of the repossession and shall further provide the local law enforcement agency with any additional information the agency deems appropriate. The local law enforcement agency 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.

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 has 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 this Section.

Section 395.050 Towing of Abandoned Property On Private Real Property.

If a person abandons property, as defined in Section 304.001, RSMo., on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any member of the State Highway Patrol, State Water Patrol, Sheriff, or other Law Enforcement Officer within his/her jurisdiction may authorize a towing company to remove such abandoned property from the property in the following circumstances:

The abandoned property is left unattended for more than forty-eight (48) hours; or

In the judgment of a Law Enforcement Officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

A local government agency may also provide for the towing of motor vehicles from real property under the authority of any local ordinance providing for the towing of vehicles which are derelict, junk, scrapped, disassembled or otherwise harmful to the public health under the terms of the ordinance. Any local government agency authorizing a tow under this Subsection shall report the tow to the local law enforcement agency within two (2) hours with a crime inquiry and inspection report pursuant to Section 304.155, RSMo.

Neither the Law Enforcement Officer, local government agency nor anyone having custody of abandoned property under his/her direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this Section other than damages occasioned by negligence or by willful or wanton acts or omissions.

The 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 a Law Enforcement Officer only when the owner, lessee or property or security manager of the real property is present. A property or security manager must be a full-time employee of a business entity. An authorization to tow pursuant to this Subsection may be made only under any of the following circumstances:

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 local traffic law enforcement agency where information can be obtained or a twenty-four (24) hour staffed emergency information telephone number 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;

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 appropriate law enforcement agency, and ten (10) hours have elapsed since that notification; or

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 appropriate law enforcement agency, and ninety-six (96) hours have elapsed since that notification.

Pursuant to this Section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a Law Enforcement Officer shall at that time complete an abandoned property report which shall be considered a legal declaration subject to criminal penalty pursuant to Section 575.060, RSMo. The report shall be in the form designed, printed and distributed by the director of revenue and shall contain the following:

The year, model, make and abandoned property identification number of the property and the owner and any lienholders, if known;

A description of any damage to the abandoned property noted by owner, lessee or property or security manager in possession of the real property;

The license plate or registration number and the State of issuance, if available;

The physical location of the property and the reason for requesting the property to be towed;

The date the report is completed;

The printed name, address and phone number of the owner, lessee or property or security manager in possession of the real property;

The towing company's name and address;

The signature of the towing operator;

The signature of the owner, lessee or property or security manager attesting to the facts that the property has been abandoned for the time required by this Section and that all statements on the report are true and correct to the best of the person's knowledge and belief and that the person is subject to the penalties for making false statements;

10.

Space for the name of the law enforcement agency notified of the towing of the abandoned property and for the signature of the Law Enforcement Official receiving the report; and

11.

Any additional information the Director of Revenue deems appropriate.

Any towing company which tows abandoned property without authorization from a Law Enforcement Officer pursuant to Subsection (4) of this Section shall deliver a copy of the abandoned property report to the local law enforcement agency having jurisdiction over the location from which the abandoned property was towed. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the law enforcement agency receiving the report has the technological capability of receiving such copy and has registered the towing company for such purpose. The registration requirements shall not apply to law enforcement agencies located in Counties of the Third or Fourth Classification. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subdivision (1) of Subsection (4) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.

The law enforcement agency receiving such abandoned property report must record the date on which the abandoned property report is filed with such agency and shall promptly make an inquiry into the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The law enforcement agency shall enter the information pertaining to the towed property into the statewide law enforcement computer system, and an officer shall sign the abandoned property report and provide the towing company with a signed copy. The Department of Revenue may design and sell to towing companies informational brochures outlining owner or lessee of real property obligations pursuant to this Section.

The Law Enforcement Agency receiving notification that abandoned property has been towed by a towing company shall search the records of the Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned property, and if the tower has online access to the Department of Revenue's records, the tower shall comply with the requirements of Section 301.155, RSMo. If the abandoned property is not claimed within ten (10) working days, the towing company shall send a copy of the abandoned property report signed by a Law Enforcement Officer to the Department of Revenue.

If any owner or lessee of real property knowingly authorizes the removal of abandoned property in violation of this Section, then the owner or lessee shall be deemed guilty of a violation.

Section 395.055 Notice To Owner of Abandoned Property — Duty of Real Property Owner — Liability of Towing Company, Etc.

Notice as to the removal of any abandoned property pursuant to Sections 395.040 or 395.050 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:

The public agency authorizing the removal; or

The towing company, where authorization was made by an owner or lessee of real property.

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.

Any owner of any private real property causing the removal of abandoned property from that real property shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

The removal of property other than the property specified by the owner of the private property from which the abandoned property was removed.

The owner of abandoned property removed from private property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.

Any owner of any private property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this Section or Section 395.050.

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.

A towing company may impose a charge of not more than one-half (½) of the regular towing charge for the towing of abandoned property at the request of the owner of private property or that owner's agent pursuant to this Section if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this Section shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property. In addition, persons operating or in charge of the storage facility shall have sufficient monies on the premises to accommodate, and make change in, a reasonable monetary transaction.

Except for the removal of abandoned property authorized by a law enforcement agency pursuant to Section 395.050, a towing company shall not remove or commence the removal of abandoned property from private property without first obtaining written authorization from the property owner. All written authorizations shall be maintained for at least one (1) year by the towing company. General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen (15) feet of a fire hydrant or in a fire lane designated by a Fire Department or the State Fire Marshal.

Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (8) of this Section, is liable to the owner of the property for four (4) times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this Section.

10.

Any County, City, Town or Village may enact ordinances or orders which are consistent with Sections 304.155 to 304.158, RSMo., and which may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the governmental entity's jurisdiction.

11.

Any person who knowingly violates any provision of Sections 304.155 to 304.158, RSMo., shall be guilty of a class A misdemeanor. Any violation of the provisions of this Section shall constitute a violation of the provisions of Section 407.020, RSMo. In any proceeding brought by the Attorney General for a violation of the provisions of this Section, the court may, in addition to imposing the penalties provided for in this Section order the revocation or suspension of the registration or license of the towing company.

Section 395.060 General Provisions and Procedures.

[CC 1990 §15-336; Ord. No. 6308, 10-11-1999]

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 395.070.

Upon the towing of any abandoned property pursuant to Section 395.040 or under authority of a Law Enforcement Officer or local government agency pursuant to Section 395.050, the City Police Department, where it authorized such towing or was properly notified by another government agency for 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 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 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 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:

The year, model, make and property identification number of the property and the owner and any lienholders, if known;

A description of any damage to the property noted by the Law Enforcement Officer authorizing the tow;

The license plate or registration number and the State of issuance, if available;

The storage location of the towed property;

The name, telephone number and address of the towing company;

The date, place and reason for the towing of the abandoned property;

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 had been stolen. This information shall be entered only by the City Police Department.

The signature and printed name of the Law Enforcement Officer authorizing the tow and the towing operator; and

Any additional information the Missouri Director of Revenue deems appropriate.

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.

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:

The names, address and telephone number of the storage facility;

The date, reason, and place from which the abandoned property was removed;

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;

A statement that the storage firm claims a possessory lien for all such charges;

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;

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;

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

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.

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:

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;

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;

Check the tow ticker/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

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.

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.

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:

The public agency authorizing the removal; or

The towing company, where authorization was made by an owner or lessee of real property.

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.

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.

Section 395.070 Maximum Charges.

[CC 1990 §15-337; Ord. No. 6308, 10-11-1999]

A towing company may only assess reasonable storage charges for abandoned property towed without the consent of the owner. Reasonable storage charges shall not exceed the charges for vehicles which have been towed with the consent of the owner on a negotiated basis. Storage charges may be assessed only for the time in which the towing company complies with the procedural requirements of this Chapter.

The Florissant City Council may from time to time establish maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the City and which are consistent with this Chapter and with Sections 304.155 to 304.158, RSMo. Any violation of said established maximum charges shall be deemed a violation of this Section of the Code and shall be punishable pursuant to Section 100.080 of the Florissant Code.

A towing company may impose a charge of not more than one-half (½) of the regular towing charge for the towing of abandoned property at the request of the owner of private real property or that owner's agent pursuant to this Chapter if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private real property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

Section 395.080 Sale of Abandoned Property By City.

[Code 1980 §15-148; CC 1990 §15-338; Ord. No. 6239, 3-8-1999; Ord. No. 6308, 10-11-1999]

When the City has physical possession of the abandoned property, it may sell the abandoned property 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, the complete abandoned property identification number and the odometer reading of the abandoned property 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.