Mound City, MO Article IV Towing

Section 215.150 Open Storage of Prohibited Vehicles.

[Ord. No. 1042 §15, 6-10-2004]

The open storage of prohibited vehicles or other vehicles deemed by the City to constitute a public safety hazard is prohibited. This section shall not 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 any applicable provision of this Code and the property is in compliance with applicable zoning ordinances.

Section 215.160 Towing of Abandoned Motor Vehicles On Public Real Property.

[Ord. No. 1042 §16, 6-10-2004]

A. Any law enforcement officer or official of the City may authorize a towing company to remove the following to a place of safety:

1. Any abandoned motor vehicle on the right-of-way on any state or Federal highway, left unattended for more than twenty-four (24) hours. However, a commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice.

2. Any unattended abandoned motor vehicle illegally left upon any roadway or bridge in a position or under such circumstances as to obstruct the normal movement of traffic and there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal.

3. Any motor vehicle located on a public roadway which has been reported as stolen or taken without consent of the owner.

4. Any motor vehicle when the person operating such vehicle is arrested for an offense for which the officer takes the person into custody and the person is unable to arrange for the property's timely removal.

5. Any motor vehicle located on public property which is subject to towing because of the owners' outstanding traffic or parking violations.

6. Any abandoned motor vehicle left unattended in violation of a state law or City ordinance where the violation causes a safety hazard.

B. When law enforcement authorizes a tow pursuant to this Section and the property is moved, a crime inquiry and inspection report shall be completed.

Section 215.170 General Provisions and Procedures.

[Ord. No. 1042 §17, 6-10-2004]

A. Payment Of Charges. The owner of abandoned property removed as provided in this Article shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in this Chapter.

B. Crime Inquiry And Inspection Report. Upon notification or completion of towing of any property pursuant to this Chapter, the Mound City Police Department; or its designee, shall promptly make an inquiry with the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the property has been reported ass stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system.

C. 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;

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 property;

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 property had been stolen. This information shall be entered only by the Maryville Public Safety Department;

8. The signature and printed name of the law enforcement officer authorizing the tow;

9. 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; and

10. Any additional information the Missouri Director of Revenue deems appropriate.

D. Failure To Claim Property. If the property is not claimed within ten (10) working days of the; towing, the Mound City Police Department, or its designee, shall submit a crime inquiry and inspection report to the Missouri Director of Revenue. The Mound City Police Department shall also provide one copy of the report to the storage facility and one copy to the towing company. A towing company in possession of property after ten (10) working days shall report such fact to the Mound City Police Department.

E. Reclaiming Property. The owner of such 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 property.

F. 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 Mound City Police Department within two (2) hours of the repossession and shall further provide the Department with any additional information the Department deems appropriate. The 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.

G. Notice To Owner/Tow Lien Claim. Any towing company which comes into possession of property pursuant to this Chapter and who claims a lien for recovering, towing or storing 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 State law including Section 304.156, RSMo., by certified mail, return receipt requested. The notice shall contain the following:

1. The name, address and telephone number of the storage facility;

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

3. 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 unfit the property is redeemed;

4. A statement that the storage firm claims a possessory lien for all such charge;

5. A statement that the owner or holder of a valid security interest of record may retake possession of the property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

6. 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:

7. A statement that if the property remains unclaimed for thirty (30) days from the date of mailing the notice, title to the property will be transferred to the person or firm in possession of the property free of all prior liens; and

8. A statement that any charges in excess of the value of the property at the time of such transfer shall remain a liability of the owner.

H. 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 property itself. The towing company must certify that a physical search of the 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:

1. Check of the 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;

2. Check of the law enforcement report for a license plate number or registration number;

3. If there is no address of the owner on the impound report, check of the law enforcement report to see if an out-of-state address is indicated on the driver license information.

I. Petition In Circuit Court. Within ten (10) days after the receipt of notification from the towing company, the owner of the property removed pursuant to this Chapter or any person claiming a lien, other than the towing company, may file a petition in the associate circuit court in the county where the abandoned property is stored to determine if the property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. 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.