City of Eldon, MO Chapter 220 Nuisances

Article I Generally

Section 220.010 Definition.

[CC 1988 §34.010]

A. For the purposes of this Article, the word "nuisance" is hereby defined as an unlawful act or omitting to perform a duty or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

1. Injures or endangers the comfort, repose, health or safety of others; or

2. Offends decency; or

3. Is offensive to the senses; or

4. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or

5. In any way renders other persons insecure in life or the use of property; or

6. Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.

Section 220.020 Non-Exclusive Enumeration.

[CC 1988 §34.020; Ord. No. 1490 §1(34.020(n)), 11-10-1992; Ord. No. 2009-22 §1, 5-26-2009]

A. The following acts when committed or conditions when existing within the City or within one-half (½) mile beyond the City limits are nuisances:

1. An act done or committed, or aided or assisted to be done or committed, by any person, or any substance, being or thing kept, maintained, placed or found in or upon any public or private place, which is injurious or dangerous to the public health or safety. This enumeration shall not be deemed or construed to be conclusive, limiting or restrictive.

2. All substances which emit or cause any foul, noxious, unhealthy odor or effluvia in the neighborhood where they exist or establishments emitting or causing noxious or toxic dust, vapor, fume, smoke, mist or odor. To include all weeds, brush and other rank vegetation over twelve (12) inches in height.

3. All ashes, cinders, slops, filth, human or animal excrement, sawdust, stones, rocks, dirt, straw, soot, sticks, shavings, eggshells, oyster shells or cans, dust, brush, logs, paper, trash, rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals or any other discarded object, substance or thing thrown, left, deposited or caused to be left, thrown or deposited by anyone in or upon any street, sidewalk, park, public square, public enclosure, lot, vacant or occupied, stream or waterway, lake, pond or pool of water.

4. Any damaged or disabled vehicle, part thereof or junk located on any property, street or highway which presents a hazard to children or harbors tall grass, weeds or other vegetation, or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats or other vermin; or any vehicle, part thereof, for seventy-two (72) hours, is a public nuisance.

5. Any business or enterprise that causes or produces any noises, vibrations, smoke, dust, dirt, odors or gases to such an extent as to be detrimental or injurious to the comfort, peace or health of other persons, that was located and conducted within one hundred fifty (150) feet of any building used exclusively for residence purposes at the time of the location of such business or enterprise.

6. Any putrid or unwholesome meats or fish, decayed fruits or vegetables, refuse, offal, human or animal excrement, chamber lye, or other filthy or offensive substance or thing.

7. The operating of a rock crushing machine within three hundred (300) feet of any occupied residence or dwelling.

8. Any building or structure which in any way interferes with or impedes the flow of water in any lake, natural watercourse or stream.

9. The discharge or placing of any offal, debris or refuse, whether animal, vegetable or other matter, within any stream, river, dry creek or any tributary thereof.

10. All ponds or pools of stagnant water and all foul or dirty water or liquid when discharged through any drain, pipe or spout or thrown into or upon any street, public place or lot to the injury or detriment of the public.

11. Any building, shed or fence or other manmade structure, which because of its condition or because of lack of doors and/or windows, is available to frequenting by malefactors or disorderly persons who are not lawful occupants of such structure.

12. Unsheltered storage of old, unused, stripped, junked machinery, implements and/or equipment or personal property of any kind which is no longer safely usable for the purpose for which it was manufactured for a period of thirty (30) days or more (except in licensed junk yards) within the corporate limits of the City is hereby declared to be a nuisance and dangerous to the public safety and prohibited. This shall include, but is not limited to, the keeping or the depositing on or the scattering over the premises of any of the following:

a. Lumber, junk, trash or debris;

b. Abandoned, discarded or unused objects or equipment such as freezers, stoves, refrigerators, cans, containers, bottles or rubbish.

13. Any trash or refuse container owned by an individual that is maintained within any right-of-way within the City.

14. Dead trees and dead limbs of trees so located on private property that abuts a public right-of-way or easement and there exist in such right-of-way or easement that the falling thereof would endanger the safety of persons using any public or private sidewalks in the City or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street.

[Ord. No. 2017-21 §§ 1 — 2, 5-23-2017]

15. Tree limbs and branches of trees that abut a public right-of-way or easement and there exist in such right-of-way or easement which overhang any public or private sidewalk or public street of such, height above the sidewalk or street as shall impede and interfere with the use of said sidewalk by any person or impede and interfere with the use of said street by a pedestrian or the operator of any motor vehicle or shall endanger the safety of any person using any public sidewalk or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street.

[Ord. No. 2017-21 §§ 1 — 2, 5-23-2017]

16. Depositing any material, including, but not limited to, leaves, grass, tree limbs, building materials and tires, in or upon any street, highway, alley, stream, ditch, storm sewer, sanitary sewer or other public facility.

17. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation or kept in such an unsanitary condition that it is a menace to the health of people residing in, or in the vicinity thereof or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. This is to include, but not limited to, mold, asbestos, lead and sewage.

18. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.

Every act or thing done, made, permitted, allowed or continued on any property, public or private, by any person to the damage or injury of any of the inhabitants of this City and not herein before specified.

Section 220.030 Nuisances Prohibited.

[CC 1988 §34.030; Ord. No. 2009-22 §1, 5-26-2009]

It shall be unlawful for any person to cause, harbor, commit or maintain, or suffer to be caused, harbored, committed or maintained, any nuisances as defined by the Statutes or common law of this State or as defined by ordinance of the City of Eldon at any place within the City or within one-half (½) mile beyond the City limits, whether in or upon any house, building, lot or premises.

Section 220.040 Inspections.

[CC 1988 §34.040]

Subject to constitutional limitations, authorized agents of the City are hereby authorized to enter into or upon any premises where there is a reason to suspect the existence of any nuisance.

Section 220.050 Notice To Abate.

[CC 1988 §34.050; Ord. No. 2040 §1, 6-13-2006; Ord. No. 2009-22 §1, 5-26-2009]

A. Upon being satisfied that a nuisance exists in accordance with the terms of this Article, the City Code Enforcement Officer or other authorized City employee shall enforce this Article. He/she may, however, report the existence of the nuisance or nuisances to the Chief of Police, Marshal or the Board of Aldermen for assistance and instructions if, in his/her judgment, he/she deems that assistance and instructions are necessary or advisable. The officer or employee shall cause notice in writing to be served upon any person causing or maintaining a nuisance to forthwith abate such nuisance or to abate such nuisance within ten (10) days after receipt of the notice. It shall be the duty of the Code Enforcement Officer or other authorized City employee to prepare such notices and the duty of an authorized City Officer to serve them, and if the nuisance is not abated within the time required after the service of any such notice, any person so notified shall be guilty of an offense.

B. Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner.

C. If the nuisance is not abated pursuant to the written notice, a citation may be issued with respect to the nuisance.

Section 220.060 Contents of Notice.

[CC 1988 §34.060; Ord. No. 2040 §1, 6-13-2006]

A. The notice to abate a nuisance issued under the provisions of this Article shall contain:

1. An order to abate the nuisance or to request a hearing within a stated time which shall be reasonable under the circumstances.

2. The location of the nuisance, if the same is stationary.

3. A description of what constitutes the nuisance.

4. A statement of acts necessary to abate the nuisance.

5. A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the City may abate such nuisance and assess the cost thereof against such person.

Section 220.070 Service of Notice.

[CC 1988 §34.070]

The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.

Section 220.075 (Reserved) [1]

[1] Editor's Note: Former Section 220.075, Penalties for Violation, as adopted and amended by Ord. No. 2009-22 §1, 5-26-2009, was repealed 6-24-2014 by Ord. No. 2014-20 §§1 — 2.

Section 220.076 Repeat Nuisance Violations.

[Ord. No. 2013-25 §§1 — 2, 6-11-2013; Ord. No. 39-2021, 10-26-2021]

A. "Repeat violation" is defined as: A violation of a provision of Chapter 220, Nuisances, or Chapter 505, Dangerous Buildings, of the City of Eldon Code or the International Property Maintenance Code, as adopted in Section 500.180, by a person(s), corporation(s), business(s) or firm(s) who has previously been found to have violated the same provision within one (1) year prior to the violation, notwithstanding that the violations occurred at different locations.

B. Notice. If a repeat violation is found, the Code Enforcement Officer shall notify the violator by written notice of repeat violation but is not required to give the violator a reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the violator of a repeat violation, shall issue a citation. The case may be presented in Municipal Court even if the violation has been corrected prior to the hearing, and notice shall so state, if the repeat violation has been corrected, the Municipal Court retains the right to schedule a hearing to determine costs and reasonable enforcement fees and impose the payment of restitution upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs and reasonable enforcement fees as restitution as shall be determined by the Municipal Court.

Section 220.077 Penalties for Violation.

[Ord. No. 2013-25 §§1 — 2, 6-11-2013; Ord. No. 39-2021, 10-26-2021]

Any person(s), corporation(s), business(s) or firm(s) in violation of the terms of this Article shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period not exceeding ninety (90) days, or both fine and imprisonment, and shall be liable for such restitution to the City for any amounts expended in the remediation of any violation as may be ordered by the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 220.080 Abatement By City.

[CC 1988 §34.080; Ord. No. 2040 §1, 6-13-2006; Ord. No. 2009-22 §1, 5-26-2009]

A. Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Article to abate the same, a duly designated agent or employee of the City, at its sole discretion, may proceed to abate such nuisance and if the City elects to abate, it shall prepare a statement of costs incurred in the abatement thereof.

B. Authorized officers or employees of the City may lawfully enter onto the premises upon which a nuisance is located to abate the same.

Section 220.085 City's Costs Declared Lien.

[Ord. No. 2013-32 §§1 — 2, 8-13-2013]

Any and all costs incurred by the City in the abatement of a nuisance under the provisions of this Article shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate thereafter until satisfied.

Section 220.090 City's Costs in Abatement To Be Part of Judgment/Restitution.

[CC 1988 §34.090; Ord. No. 2078 §1, 5-22-2007; Ord. No. 39-2021, 10-26-2021[1]]

Any and all costs incurred by the City in abatement of a nuisance under the provisions of this Article shall be certified to the Municipal Judge and, upon trial and conviction, may be made a part of restitution in addition to the fine imposed. Such costs shall be collected in the same manner as other fines and penalties. Restitution will be collected by order of the Municipal Judge.

[1] Editor's Note: Ord. No. 39-2021 also changed the title of this Section from "City's Costs in Abatement To Be Part of Judgment" to "City's Costs in Abatement To Be Part of Judgment/Restitution."

Section 220.100 Municipal Judge May Direct Abatement and Assess Costs/Restitution.

[CC 1988 §34.100; Ord. No. 39-2021, 10-26-2021[1]]

If, upon trial and conviction for causing or maintaining any nuisance defined and prohibited by this Code and other ordinances of this City, it shall appear that the nuisance complained of continues to exist, the Municipal Judge may, in addition to the penalty imposed for causing or maintaining such nuisance, make an order directing the Chief of Police to abate the nuisance forthwith and report the expense thereof to the Municipal Judge who may make such cost a part of the judgment and restitution in addition to the fine imposed. Such costs shall be collected in the same manner as other fines and penalties. Restitution will be collected by order of the Municipal Judge.

[1] Editor's Note: Ord. No. 39-2021 also changed the title of this Section from "Municipal Judge May Direct Abatement and Assess Costs" to "Municipal Judge May Direct Abatement and Assess Costs/Restitution."

Section 220.110 Provisions Supplemental.

[CC 1988 §34.110]

The provisions of this Article shall be supplemental to all other ordinances.

Section 220.120 City's Right of Entry To Abate — Interference With Enforcement.

[CC 1988 §34.120]

Subject to constitutional limitations, any authorized agent of the City shall have the right of entry for that purpose into and upon any premises in order to abate a nuisance pursuant to the provisions of this Article and it shall be unlawful to interfere with any such authorized agents.

Section 220.130 Area Affected.

[CC 1988 §34.130]

This Chapter and all other ordinances of the City of Eldon pertaining to nuisances and the suppression thereof are hereby declared to extend and apply with full force and effect to all that area lying within a perimeter of one-half (½) mile of the City limits as now or hereafter existing.

Section 220.140 Weeds, High Grass or Other Vegetation.

[Ord. No. 2078 §1, 5-22-2007; Ord. No. 2009-33 §1, 8-25-2009]

A. Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed, A Nuisance. All persons owning or occupying any lot or tract of land in the City shall keep the weeds, high grass and other vegetation growing on such property cut and removed. Whenever such weeds, high grass or other vegetation shall attain the height of twelve (12) inches, it shall be deemed a public nuisance.

B. Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).

C. Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.

D. Notice. The Marshal shall give a hearing after ten (10) days' notice. The City Code Enforcement Officer or designee may declare weeds, high grass or other vegetation to be a nuisance and order the same to be abated within ten (10) days' notice thereof either personally or by United States mail to the owner or owners, or his/her or their agents, or by posting such notice on the premises.

E. Disposition. In case the weeds, high grass or other vegetation that are not cut down and removed within the ten (10) days, the Code Enforcement Officer or designee shall have the weeds, high grass or other vegetation cut down and removed and shall certify the costs of same to the Municipal Judge.

F. Each day that a violation of this Article continues after due notice has been served shall be deemed a separate offense.

G. Whenever private property abuts a public right-of-way or easement and there exist in such right-of-way or easement a lawn or grassy area, bush, shrubbery, tree, flowers or any type of living foliage between the private property and the edge of the street pavement, then such lawn or grassy area, bush, shrubbery, tree, flowers or any type of living foliage shall be considered, for the purpose of this Section only, to be part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this Section 220.140(A) for maintenance of the private lot that abuts the right-of-way or easement area to equally maintain the lawn or grassy area within the abutting right-of-way or easement.

[Ord. No. 2015-20 §1, 6-9-2015; Ord. No. 2017-21 §§ 1 — 2, 5-23-2017]

Section 220.150 Noise Declared Nuisance — General Prohibition — Noise Defined.

[Ord. No. 1414 §§1 — 2, 11-13-1990]

A. It is found and declared that:

1. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the City of Eldon is a condition which has existed for some time and the extent and volume of such noises is increasing.

2. The making, creation or maintenance of such excessive, unnecessary or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City of Eldon and its inhabitants.

3. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City of Eldon and its inhabitants.

B. It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary, raucous or unusually loud noise which terms shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the City. The term includes the kinds of noise generated by the activities enumerated in Section 220.160. The terms shall be limited to noise heard upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, in any church or hospital or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitee or licensees or in any occupied residential unit which is not the source of the noise or upon the grounds thereof and in any event from a location not less than fifty (50) feet from the source of the noise measured in a straight line from the radio, loudspeaker, motor, horn or other noise source.

Section 220.160 Noises Prohibited — Unnecessary Noise Standard.

[Ord. No. 1414 §3, 11-13-1990]

A. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Article, but said enumeration shall not be deemed to be exclusive, namely:

1. Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the City, except as a danger warning, the creation by means of any such signaling device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is for any reason held up.

2. Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 P.M. and 7:00 A.M in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this Section.

3. Loud speakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is carried upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

4. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.

5. Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.

6. Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.

7. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

8. Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

9. Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

10. Construction or repairing of buildings. The erection, excavation, demolition, alteration or repair of any building other than between the hours of 7:00 A.M. and 6:00 P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 P.M. and 7:00 A.M. and if he/she shall further determine that loss or inconvenience would result to any party in interest, he/she may grant permission for such work to be done within the hours of 6:00 P.M. and 7:00 A.M. upon application being made at the time the permit for the work is awarded or during the progress of the work.

11. Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

12. Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

13. Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to a performance, show or sale.

14. Metal rails, pillars and columns — transportation thereof. The transportation of rails, pillars or columns or iron, steel or other material over and along streets and other public places upon carts, trays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

15. Street railway cars — operation thereof. The causing, permitting or continuing any excessive, unnecessary and avoidable noise in the operation of a street railway car.

16. Pile drivers, hammers, etc. The operation between the hours of 10:00 P.M. and 7:00 A.M. of any pile driver, steam shove, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

17. Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

Section 220.170 Penalty For Noise Nuisance.

[Ord. No. 1414 §4, 11-13-1990]

Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with Section 100.130 hereof. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as an offense. Violations of this Article shall be prosecuted in the same manner as other violations of the City's Code.

Section 220.180 Additional Remedy.

[Ord. No. 1414 §5, 11-13-1990]

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

Article II Abandoned Property

Section 220.190 Definitions.

As used in this Article, the following terms shall have the meanings set out herein:

ABANDONED PROPERTY

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 Article, whether or not operational. For any vehicle towed from the scene of an accident at the request of law enforcement and not retrieved by the vehicle's owner within five (5) days of the accident, the agency requesting the tow shall be required to write an abandoned property report or a criminal inquiry and inspection report.

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.

URBANIZED AREA

An area with a population of fifty thousand (50,000) or more designated by the Bureau of the Census within boundaries to be fixed by the State Highways and Transportation Commission and local officials in cooperation with each other and approved by the Secretary of Transportation. The boundary of an urbanized area shall, at a minimum, encompass the entire urbanized area as designed by the Bureau of the Census.

Section 220.200 Abandoned Vehicles Prohibited.

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.

Section 220.210 Public Nuisances. [1]

[Ord. No. 2079 §1, 5-22-2007]

A. Non-licensed vehicles, including, but not limited to, recreational vehicles, boats, trailers and construction equipment, which are not stored in an accessory building, garage or within a sightproof fence so that they may not be seen.

B. Any outdoor storage of items including, but not limited to, tools, equipment, machinery, non-working automobiles, parts of derelict cars or trucks, household appliances and broken furniture.

C. An inoperable, wrecked, damaged, demolished or unlicensed motor vehicle or part or portion thereof or junk to remain on an owner's or occupier's property not stored in an accessory building, garage or within a sightproof fence.

D. The tearing down, stripping, junking, storage, repair or servicing of vehicles outside an accessory building, garage or sightproof fence so they may not be seen is prohibited unless necessary repairs are being made by an owner to his own (primary) vehicle and are completed within ten (10) days.

E. Any vehicle parked on private property except on a weed-free surface designed and constructed in accordance with Codes Department standards unless said parking is otherwise permitted under zoning ordinances.

[Ord. No. 57-2022, 9-27-2022]

F. Nothing in this Section shall apply to a business licensed as a 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 the applicable zoning ordinances.

[1] Editor's Note — Ord. no. 2079 §1, adopted May 22, 2007, repealed section 220.210 "open storage of inoperable vehicles or public safety hazards prohibited" and enacted new provisions set out herein.

Section 220.220 Obstructing The Flow of Traffic Prohibited.

Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any public road or State highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person who fails to comply with the requirements of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

Section 220.230 Towing of Abandoned Property On Public Real Property.

A. Any Law Enforcement Officer, or an 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:

a. Any State highway or interstate highway or freeway in an urbanized area of the City 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;

b. Any State highway or interstate highway or freeway outside of an urbanized area of the City left unattended for more than 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 waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Section 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 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.

3. Any abandoned property which has been abandoned under Section 220.200 herein or Section 577.080, RSMo.

4. Any abandoned property which has been reported as stolen or taken without consent of the owner.

5. 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.

6. Any abandoned property which due to any other State law or City ordinance is subject to towing because of the owner's outstanding traffic or parking violations.

7. Any abandoned property left unattended in violation of a State law or City ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.

B. When the City Police Department authorizes a tow pursuant to this Section in which the abandoned property is moved from the immediate vicinity, it shall complete a crime inquiry and inspection report.

C. Any City agency other than the City Police Department authorizing a tow under this Section where property is towed away from the immediate vicinity shall report the tow to the City Police Department within two (2) hours of the tow, along with a crime inquiry and inspection report.

Section 220.240 Towing of Abandoned Property On Private Real Property.

A. Generally. The City, including the City Police Department, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to Section 220.210 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of Section 220.250. When a City agency other than the Police Department authorizes a tow under this Subsection, it shall report the tow to the Police Department within two (2) hours with a crime inquiry and inspection report.

B. Towing Authorized By City Police Department. If a person abandons property on any real property owned by another without the consent of the owner or person in possession of the real property, at the request of the person in possession of the real property, any City Police Officer may authorize a towing company to remove such abandoned property from the property in the following circumstances:

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

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

C. Towing Authorized By Real Property Owner, Lessee Or Property Or Security Manager.

1. 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:

a. Sign. 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.

b. Unattended on owner-occupied residential 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 City Police Department, and ten (10) hours have elapsed since that notification.

c. Unattended on other private real property. The abandoned property is left unattended on private real property and the owner, lessee or agent of the real property in lawful possession of real property has notified the City Police Department, and ninety-six (96) hours have elapsed since that notification.

2. 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 City Police 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 Missouri Director of Revenue and shall contain the following:

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

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

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

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

e. The date the report is completed;

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

g. The towing company's name and address;

h. The signature of the towing operator;

i. 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;

j. 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

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

3. Any towing company which tows abandoned property without authorization from the City Police Department pursuant to Subsection (B) of this Section shall deliver a copy of the abandoned property report to the City Police Department. 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 City Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subsection (C)(1)(a) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.

4. The City Police Department, after receiving such abandoned property report, shall record the date on which the abandoned property report is filed with the Police Department and shall promptly make an inquiry into 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. The Police Department shall enter the information pertaining to the towed property into the statewide law enforcement computer system and a Police Officer shall sign the abandoned property report and provide the towing company with a signed copy.

5. The City Police Department, after receiving notification that abandoned property has been towed by a towing company, shall search the records of the Missouri Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned property. 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.

6. No owner, lessee or property or security manager of real property shall knowingly authorize the removal of abandoned property in violation of this Section.

7. 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:

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

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

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 Article.

F. Written Authorization Required — Delegation Of Authority To Tow.

1. Except for the removal of abandoned property authorized by the City Police Department 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.

G. Towing Company Liability. 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 any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (F) 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 ordinance violation penalty, for a violation of this Section.

Section 220.250 General Provisions and Procedures.

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 Section 220.260.

B. Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 220.230 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 220.240, the City Police Department, 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.

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 towner does not have online access, 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 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 City Police Department. 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 by the Law Enforcement Officer authorizing the tow;

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

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

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

C. 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.

D. 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 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.

E. Notice To Owner/Tow Lien Claim. Any towing company which comes into possession of abandoned property pursuant to this Article 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:

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

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 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;

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

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 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 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

8. 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.

F. 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 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:

1. 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;

2. 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;

3. Check the tow ticket/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

4. 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.

G. Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Article 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.

H. Notice To Owner. Notice as to the removal of any abandoned property pursuant to this Article 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.

I. 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.

J. Storage Facilities. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this Article shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property.

K. 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 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 the Section.

Section 220.260 Maximum Charges.

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 Article.

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 Article 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 100.130.

C. 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 Article 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 220.270 Sale of Abandoned Property By City.

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.