No person shall abandon any motor vehicle or trailer on the
right-of-way of any public road or State highway.
[1]
State Law Reference — For similar provisions, §577.080,
RSMo.
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).
[1]
State Law Reference — For similar provisions, §304.151,
RSMo.
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
interstate highway or freeway in an urbanized area of the City left
unattended for ten (10) hours, or immediately if a Law Enforcement
Officer determines that the abandoned property is a serious hazard
to other motorists;
b.
Any
interstate highway or freeway outside of an urbanized area of the
City left unattended for twenty-four (24) hours, or after four (4)
hours if a Law Enforcement Officer determines that the abandoned property
is a serious hazard to other motorists;
c.
Any
State highway other than an interstate highway or freeway outside
of an urbanized area, left unattended for more than forty-eight (48)
hours;
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provided that commercial motor vehicles referred to in Subsections (a — c) 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; or
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d.
Any
State highway other than an interstate highway or freeway in an urbanized
area, left unattended for more than ten (10) hours.
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 395.010 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 takes 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.
8.
Any
abandoned property illegally left standing on the waters of this State
as defined in Section 306.010, RSMo., where the abandoned property
is obstructing the normal movement of traffic, or where the abandoned
property has been unattended for more than ten (10) hours or is floating
loose on the water.
9.
Any
abandoned property for which the person operating such property or
vehicle eludes arrest for an alleged offense for which the officer
would have taken the offender into custody.
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.
[1]
State Law References — For similar provisions, §§304.155.1(2005),
304.155.3, RSMo.
A.
Payment Of Charges. The owner of abandoned property removed as provided in this Chapter shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Section 395.050.
B.
Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 395.030 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 235.040, 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;
9.
The
name of the towing company, the signature and printed name of the
towing operator, and an indicator disclosing whether the tower has
online access to the department's records; and
10.
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 Chapter
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 Chapter 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 Chapter shall be made in writing within
five (5) working days to the registered owner and any lienholder of
the fact of the removal, the grounds for the removal, and the place
to which the property has been removed by either:
1.
The
public agency authorizing the removal; or
2.
The
towing company, where authorization was made by an owner or lessee
of real property.
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If the abandoned property is stored in any storage facility,
a copy of the notice shall be given to the operator of the facility.
The notice provided for in this Section shall include the amount of
mileage if available shown on the abandoned property at the time of
removal.
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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 Chapter 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.
[1]
State Law References — For similar provisions, §§304.155.5
— 6 (2004), 304.155.11 — 12(2004), 304.158.1, 304.158.5,
304.158.7, RSMo.
A.
A towing
company may only assess reasonable storage charges for abandoned property
towed without the consent of the owner. Reasonable storage charges
shall not exceed the charges for vehicles which have been towed with
the consent of the owner on a negotiated basis. Storage charges may
be assessed only for the time in which the towing company complies
with the procedural requirements of this Chapter.
B.
The Board of Aldermen may from time to time establish maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the City, and which are consistent with this Chapter and with Sections 304.155 to 304.158, RSMo. Any violation of said established maximum charges shall be deemed a violation of this Section of the Code and shall be punishable pursuant to Section 100.220.
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 Chapter if the owner of the abandoned property
or the owner's agent returns to the abandoned property before it is
removed from the private real property. The regular towing charge
may only be imposed after the abandoned property has been removed
from the property and is in transit.
[1]
State Law References — For similar provisions, §§304.156.2,
304.158.6, 304.158.10, RSMo.
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.
[1]
State Law Reference — For similar provisions, §304.156,
RSMo.
