[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
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.
[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.
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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.
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[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.
[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.
[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.
[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.
[Ord. No. 26-2024, 4-23-2024]
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 within
the prescribed time of ten (10) days, the City may abate such nuisance
and assess the cost thereof against such person upon a guilty finding
in Municipal Court.
[Ord. No. 26-2024, 4-23-2024]
[CC 1988 §34.070]
The notice to abate a nuisance shall be served as any other
legal process may be served pursuant to law.
[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.
[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.
[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.
[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.
[CC 1988 §34.090; Ord. No. 2078 §1, 5-22-2007; Ord. No. 39-2021, 10-26-2021]
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.
[CC 1988 §34.100; Ord.
No. 39-2021, 10-26-2021]
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.
[CC 1988 §34.110]
The provisions of this Article shall be supplemental to all
other ordinances.
[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.
[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.
[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.
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]
[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.
[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.
[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.
[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.
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.
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.
[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.
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).
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;
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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.
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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.
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.
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.
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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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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.
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.
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.