[Ord. No. 527 §1, 3-1-2004; Ord. No. 747 §1, 8-17-2015]
A. Any
Law Enforcement Officer of the City may authorize a towing company
to remove to a place of safety:
1. Any abandoned property on municipal street or roadway located within
the City limits of Strafford;
2. Any abandoned property on the right-of-way of any State highway which
has been 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 Subparagraph
to a place of safety until the owner or owner's representative has
had a reasonable opportunity to contact a towing company of choice;
3. Any unattended, abandoned property illegally left standing upon any
highway, street, roadway or bridge within the City if the abandoned
property is left in a position, or under such circumstances as to
obstruct 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;
4. Any property which has been abandoned under Section 577.080, RSMo.;
5. Any abandoned property which has been reported as stolen or taken
without the consent of the owner;
6. 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;
7. Any abandoned property which due to any State law or local ordinance
is subject to towing because of the owner's outstanding traffic or
parking violations; or
8. 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 reasonably
interferes with the use of the real property by the person in possession.
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As used herein, "abandoned property" is meant to include unattended
property for which a certificate of ownership or title has been issued
by the State of Missouri, or any other State, including all motor
vehicles, trailers, all-terrain vehicles, boats, vessels and outboard
motors.
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[Ord. No. 527 §§2 —
8, 3-1-2004]
A. Any
Law Enforcement Officer authorizing a tow pursuant to this Article
in which the abandoned property is moved from the immediate vicinity,
shall complete a crime inquiry and inspection report. The Law Enforcement
Officer shall report the towing to the State Highway Patrol or the
State Water Patrol within two (2) hours of the tow and make available
to such agency the crime inquiry and inspection report as required
by this Subsection.
B. Neither
the Police Officer, the City nor anyone having custody of abandoned
property under the direction of such Police Officer shall be liable
for any damage to such abandoned property occasioned by a removal
authorized by this Article, other than damages occasioned by negligence
or willful or wanton acts or omissions.
C. The
owner of any abandoned property removed as provided in this Article,
or in any other ordinance, shall be responsible for the payment of
all reasonable charges for towing and storage of such abandoned property.
D. Upon
the towing of any abandoned property pursuant to this Article, or
any other City ordinance, the Police Officer who authorized 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 such 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 Police Department shall submit a crime inquiry and inspection
report to the Director of Revenue. Any towing company located within
the City limits still in possession of abandoned property after ten
(10) working days shall report such information to the proper authorities,
and shall proceed as required by State law. The crime inquiry and
inspection report, referenced in this Article, shall be on a form
as designed by the Director of Revenue, and the City shall submit
the information requested thereon as required and set forth in Section
304.155.6, RSMo. A copy of the crime inquiry and inspection report
for each towing shall be retained by the Police Department, and copies
thereof shall be provided to the storage facility and/or towing facility
so that the same may be retained by those facilities in accordance
with the requirements of State law.
E. If
the City retains control or physical possession of the abandoned property,
the City shall obtain from the Director of Revenue the results of
the crime inquiry and inspection report filed with such department.
The City shall thereafter notify the owner and any lienholder, by
certified mail, return receipt requested, of the following:
1. The name, address and phone number of the Police Department;
2. The date, reason and place from which the abandoned property was
removed;
3. A statement that the amount of the accrued towing, storage and administration
costs are the responsibility of the owner, and that the storage and/or
administration costs will continue to accrue as a legal liability
of the owner until the abandoned property is redeemed;
4. A statement that the City is claiming a possessory lien for all such
storage and administrative costs together with any towing fees which
may have been incurred by the City;
5. 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 security
interest and paying all towing, storage and administrative fees and
charges;
6. A statement that if the abandoned property remains unclaimed for
thirty (30) days from the date of mailing of the notice, such property
will be sold by the City pursuant to the provisions of Section 304.156.10,
RSMo.;
7. A statement that any charges in excess of the value of the abandoned
property at the time of such transfer and sale shall remain the liability
of the owner.
F. In
the event the City is notified by the Department of Revenue that its
records have failed to disclose the name of the owner or any lienholder
of record of such abandoned property, the City shall attempt to locate
documents, or other evidence of ownership, on or within the abandoned
property. The Police Department shall keep a written record of the
nature and extent of all efforts undertaken. Any documents or other
evidence of ownership or a lienholder located shall be forwarded to
the Department of Revenue to assist in its effort to locate the owner
or lienholder of such abandoned property.
G. Thirty
(30) days after the notification form has been mailed to the abandoned
property owner and/or holder of any security interest in such property,
the City may proceed to sell any unredeemed abandoned property in
accordance with the herein procedures. Any sale of abandoned property
shall comply with the provisions of Section 304.156.10, RSMo. Such
property may be offered for sale by any means deemed appropriate by
the City, including advertisements, bids or posting. The transfer
of ownership of the abandoned property shall be accomplished by means
of a bill of sale signed by the City Clerk and sealed with the official
municipal 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. Any dealer or other person purchasing such
property from the City shall apply within thirty (30) days of such
purchase for a certificate of ownership from the Department of Revenue.