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Editor's Note: Ord. No. 21-1217, adopted 12-14-2021, repealed R.O. 1991 Ch. 245, as amended 11-14-2000 by Ord. No. 954 § 1, 10-7-1980 by Ord. No. 458 § 5, 6-13-1995 by Ord. No. 782 §§ I – II, and 11-24-2010 by Ord. No. 10-1105 § I, in its entirety and enacted new provisions herein. Former Chapter 245 derived from CC 1978 §§ 51.500 – 51.580, R.O. 1991 §§ 245.010 – 245.070.
[R.O. 1991 § 245.010; Ord. No. 10-1105 §§ I – II, 8-24-2010]
As used in this Chapter, the following words shall have the meanings set out below:
ABANDONED VEHICLE
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 Chapter, whether or not operational.
DAMAGED OR DISABLED VEHICLE
Any vehicle which is not registered or is improperly registered with the State of Missouri; has been inoperable on public property for more than forty-eight (48) hours, or on any real property for more than seven (7) days, or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business, or in a duly licensed automobile junking yard.
JUNK
Any metal, glass, paper, rags, wood, machinery, parts, cloth, or other waste of discarded material of any nature or substance whatsoever, or scrap or salvage materials.
[R.O. 1991 § 245.015; Ord. No. 10-1105 §§ I – II, 8-24-2010]
A. 
Derelict Vehicle On Private Property. All vehicles or parts thereof, self-powered or non-self-powered, found upon any lot within the City limits in a damaged/disabled, dismantled, dilapidated, wrecked, abandoned or non-operative condition shall be considered a derelict vehicle thereby making it a public nuisance, detrimental to the health and safety of the public.
B. 
Unlicensed, Illegally Parked Vehicles On Private Property. All vehicles or parts thereof, self-powered and non-self-powered, found upon any lot within City limits, the license for which has been expired for thirty (30) or more days, shall be considered a derelict vehicle thereby making it a public nuisance, detrimental to the health and safety of the public.
C. 
Derelict Vehicles — Unlicensed Vehicles — Illegally Parked Vehicles On Public Property. Any vehicle or parts thereof, self-powered or non-self-powered, found upon any lot or on any street, alley, easement, right-of-way or highway within the City limits, and which is inoperable, disassembled, wrecked, dilapidated, abandoned, unlicensed, for thirty (30) or more days, shall be considered a derelict vehicle for the purpose of this Chapter.
[R.O. 1991 § 245.020; Ord. No. 10-1105 §§ I – II, 8-24-2010]
A. 
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, on property owned by the City of Vandalia, or on any private real property owned by another without his/her consent for forty-eight (48) hours.
B. 
A person found guilty of abandoning any vehicle as described above shall be guilty of an ordinance violation.
C. 
Each day of the violation of abandoning any vehicle shall be deemed a separate offense punishable by a fine.
[R.O. 1991 § 245.030; Ord. No. 10-1105 §§ I – II, 8-24-2010]
A. 
The open storage of inoperable, derelict, damaged or disabled vehicles or other vehicles deemed by the City to constitute a public safety hazard 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.
B. 
Any person who so creates a public safety hazard by openly storing an inoperable, derelict, damaged or disabled vehicle or other such vehicle shall be guilty of an ordinance violation, with each day of the violation being deemed a separate offense punishable by a fine.
[R.O. 1991 § 245.040; Ord. No. 10-1105 §§ I – II, 8-24-2010]
A. 
Any Law Enforcement Officer, or any 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 on the right-of-way of any State highway or City street, roadway or alley left unattended for 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 Subsection 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 abandoned property which has been abandoned under Section 577.080, RSMo.;
3. 
Any abandoned property which has been reported as stolen or taken without consent of the owner;
4. 
Any abandoned property for which the person operation 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;
5. 
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;
6. 
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.
B. 
When any law enforcement officer, or an official of the City authorizes a tow pursuant to this Section in which the abandoned property is moved from the immediate vicinity, it shall promptly seek assistance from the Audrain County Sheriff's Department to complete a crime inquiry and inspection report, as required by Section 304.155(6), RSMo.
C. 
Any City agency other than the Code Enforcement Officer authorizing a tow under this Section where the property is towed away from the immediate vicinity shall report the tow to City Hall within two (2) hours of the tow, along with a crime inquiry and inspection report, as required by the Revised Statutes of Missouri, Section 304.155(6).
D. 
Neither a law enforcement officer, nor or any official of the City, nor anyone having custody of abandoned property under their 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.
E. 
The owner of abandoned property removed as provided in this Section or elsewhere in this Code shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property.
[R.O. 1991 § 245.050; Ord. No. 10-1105 §§ I – II, 8-24-2010]
A. 
Upon receipt of information that there exists an abandoned vehicle on private property and that said vehicle is owned by the owner or person in possession of said private property, a Law Enforcement Officer, Code Enforcement Officer or any official of the City shall notify the owner of said vehicle that the City believes said vehicle to be in violation of this Section. Said notice shall be in writing and shall be mailed by U.S. mail to the last known address of the owner, or served personally upon the owner by a Law Enforcement Officer, Code Enforcement Officer, or an official of the City, and also posted prominently upon said vehicle. Said notice shall identify the vehicle in question, and state that the City believes the vehicle to be in violation of this Section, and further instruct the owner to remove the vehicle within fifteen (15) days of receipt of the notice. If any person receiving a notice under this Chapter fails or refuses to comply with the terms of said notice, he or she shall be issued a summons to appear in the City of Vandalia Municipal Division of the Circuit Court of Audrain County to answer charges of violation of this Section. At such date and time specified on the summons or at a date certain set by the City Judge, the owner may present any evidence or argument that the vehicle in question is not damaged, disabled, or abandoned under the definitions of this Chapter.
B. 
The Court will enter an order or finding on the issue. If the court rules that said vehicle is in violation of this Section, the court shall order a fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00).
C. 
Generally, the City, including the Code Enforcement Officer, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to Section 245.030 or are derelict, damaged/disabled, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of Section 245.040. When the City authorizes a tow under this Subsection, it shall report the tow to City Hall within two (2) hours with a crime inquiry and inspection report.
D. 
Damage To Property. The owner of abandoned property removed from private real 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.
E. 
Real Property Owner Liability. Any owner of any private real 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 Chapter.
F. 
Written Authorization Required — Delegation Of Authority To Tow.
1. 
Except for the removal of abandoned property authorized by the Code Enforcement Officer or any official of the city, pursuant to this Section, a towing company shall not remove or commence the removal of abandoned property from private real property without first obtaining written authorization from the real property owner. All written authorizations shall be maintained for at least one (1) year by the towing company.
2. 
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.
[R.O. 1991 § 245.0560; Ord. No. 10-1105 §§ I – II, 8-24-2010]
A. 
Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 215.060 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 215.070, the Code Enforcement Officer or any official of the City, 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 has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system.
B. 
Reclaiming Property. 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.
C. 
Lien Holder Repossession. If a lien holder 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 City Hall within two (2) hours of the repossession and shall further provide City Hall with any additional information the Police Department deems appropriate. The City, with the assistance of the Audrain County Sheriff's 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.
D. 
Notice To Owner. 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:
1. 
The public agency authorizing the removal; or
2. 
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.
E. 
Tow Truck Requirements. 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.
F. 
Disposition Of Towed Property. 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 have 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 the Section.
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State Law References: For similar provisions, §§ 304.155.5–6, 304.155.11 – 12, 304.158.1, 304.158.5, 304.158.7, RSMo.
[R.O. 1991 § 245.070; Ord. No. 10-1105 §§ I – II, 8-24-2010]
A. 
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.
B. 
The Board of Aldermen 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 100.120.
C. 
A towing company may impose a charge of not more than one-half (1/2) 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.
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State Law References: For similar provisions, §§ 304.156.2, 304.158.6, RSMo.