[1]
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 No. 21-1217, adopted 12-14-2021, repealed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:
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.
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.
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.
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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.
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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.
[1]
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.
[1]
State Law References: For similar provisions,
§§ 304.156.2, 304.158.6, RSMo.
