City of Berkeley, MO Chapter 375 Procedure on Arrest

Section 375.010 Forms and Records of Traffic Citations and Arrests.

A. The City shall provide books containing uniform traffic tickets as prescribed by Supreme Court Rule. Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed by Supreme Court Rule.

B. Such books shall be issued to the Chief of Police or his/her duly authorized agent, a record shall be maintained of every book so issued and a written receipt shall be required for every book. The judge or judges hearing City ordinance violation cases may require that a copy of such record and receipts be filed with the court.

C. The Chief of Police shall be responsible for the issuance of such books to individual members of the Police Department. The Chief of Police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.

Section 375.020 Procedure of Police Officers.

Except when authorized or directed under State law to immediately take a person before the Municipal Judge for the violation of any traffic laws, a Police Officer who halts a person for such violation other than for the purpose of giving him/her a warning or warning notice and does not take such person into custody under arrest, shall issue to him/her a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court Rule Number 37.

Section 375.030 Uniform Traffic Tickets or Other Citation to Be Issued When Vehicle Illegally Parked or Stopped.

Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the City or by State law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a uniform traffic ticket or other citation for the driver to answer to the charge against him/her within seven (7) days during the hours and at a place specified in the traffic ticket.

Section 375.040 Warning of Arrest Sent Upon Failure to Appear.

If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five (5) days, the Traffic Violations Bureau shall send to the owner of the motor vehicle to which the uniform traffic ticket was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.

Section 375.050 Impounding Vehicles.

[CC 1961 §38.95(A); Ord. No. 2927 §1(A), 1-4-1988; Ord. No. 2944 §1, 4-18-1988]

A. Members of the Police Department are authorized to remove or have removed a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department under the following conditions:

1. When a vehicle is found parked in a place where parking is not permitted;

2. When a vehicle shall be parked in violation of other parking provisions;

3. When a vehicle is left unattended on any street or bridge where such vehicle constitutes an obstruction or hazard to traffic;

4. When a vehicle upon a street constitutes an obstruction to traffic as a real and imminent danger or hazard to the safety of others, or the person in charge of the vehicle is incapacitated to such an extent as to be unable to provide for its custody or removal;

5. When a vehicle is abandoned on the streets or highways of this City, or any vehicle parked on the streets or highways which has not been moved for a period in excess of forty-eight (48) hours is prima facie evidence of an abandoned vehicle; or

6. Whenever the operator of a vehicle is arrested or is incapacitated to such an extent as to be unable to provide for its custody.

7. An emergency exists under paragraphs 3, 4 and 6 for the purpose of towing, and a hearing shall be provided to the owner as soon as possible after towing. A notice shall be mailed to the owner stating the reason for the tow, the owner's right to a hearing concerning the tow and any proposed towing and storage charges, the manner in which the hearing may be obtained and/or a bond posted and the right to have a representative at the hearing. The hearing shall be held before the Chief of Police or his/her designated representative. Formal rules of evidence shall not apply; however, the parties have the right to present evidence, confront and cross examine witnesses and receive a written decision based upon the facts adduced at the hearing. An owner may request a hearing orally or in writing, and the hearing shall be held within two (2) normal work days of the request.

8. In situations covered in paragraphs 1, 2 and 5, non-emergency matters, an attempt shall be made, and recorded, to contact the owner and allow him/her advance notice and opportunity for a hearing as set forth in paragraph 7.

9. Before an owner of a motor vehicle or lien holder of a valid security interest therein which is in default shall be permitted to remove the vehicle from custody, he/she shall furnish evidence of his/her identity and ownership and execute a receipt and pay all costs of towing and storage and a fine for violation of any law upon conviction.

10. If a person abandons a vehicle on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any Police Officer may authorize a service station, towing operator, salvage dealer or vehicle repair shop to remove such vehicle from the property. For purposes of this Section, a person abandons a vehicle if he/she leaves the vehicle unattended for more than forty-eight (48) hours, or less if the abandoned vehicle, in the judgment of the officer, constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession. The officer shall have no authority to remove a vehicle from real property owned by another prior to the expiration of the forty-eight (48) hours after the vehicle is placed on the property or notice given by the owner of the property, unless the abandoned vehicle, in the judgment of the officer, constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession. The owner of a vehicle removed as provided in this Section shall be responsible for payment of all reasonable charges for towing and storage of such vehicle.

11. Neither the Law Enforcement Officer nor anyone having custody of a vehicle under his/her direction shall be liable for any damage to such vehicle occasioned by a removal authorized by paragraphs 1 through 10, other than damages occasioned by gross negligence or by willful or wanton acts or omissions.

Section 375.060 Disposition of Impounded Vehicles.

[CC 1961 §38.95(B); Ord. No. 2927 §§1(B), 3 — 8, 1-4-1988]

A. Upon the towing of any vehicle under this Section, the law enforcement agency that authorized such towing shall make an inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The Law Enforcement Officer who authorized the tow shall submit a report to the Director of Revenue within five (5) working days of the towing of the vehicle. Such report shall include the following:

1. The year, model, make and vehicle identification number of the vehicle;

2. A description of any damage to the vehicle noted by the Law Enforcement Officer;

3. The license number;

4. The storage location of the towed vehicle;

5. The name and address of the tower;

6. The date of the authorization to tow the vehicle; and

7. The date of the inquiry of the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle had been stolen.

B. The owner of such vehicle or the holder of a valid security interest thereon which is in default, may reclaim it from the service station, towing operator, salvage dealer, or motor vehicle repair shop, upon proof of ownership or valid security interest which is in default and payment of all reasonable charges for the towing and storage of the vehicle.

C. Any person who removes a motor vehicle at the direction of a Police Officer of the City as provided in this Section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle, or to the holder of a valid security interest thereon which is in default. Such lien shall be enforced in the following manner.

1. The lienholder in possession shall request the Police Department which authorized the towing to make inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle is registered.

2. The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within thirty (30) days of the mailing of the notice. This notice shall be the form designed and provided by the Director of Revenue of Missouri.

3. Thirty (30) days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the Director of Revenue for a certificate of title if the towed vehicle is titled in Missouri. The application shall be accompanied by:

a. The original of a conformed or photostatic copy of the written report of the Police Officer authorizing the tow;

b. An affidavit of the lienholder in possession that he/she has been in possession of the towed vehicle for thirty (30) days and that the owner has failed to make arrangements for payment of towing and storage charges;

c. A copy of the receipt indicating that the owner or lienholder of record has received the notice required by Subdivision (2) of this Subsection; and

d. An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the Department of Revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the Police Department which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least thirty (30) days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection. For titles requested pursuant to this Section, no fee shall be required.

D. If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the State in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known State of issuance of certificate of ownership or registration, he/she shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with Subsection (C) of this Section before a certificate of ownership is issued.

E. Towing operators, service stations, salvage dealers, or motor vehicle repair shops who tow or store vehicles according to this Section shall keep a record for three (3) years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the Police Officer's authorization to tow, copies of all correspondence with the Department of Revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.

F. The City may transfer ownership by means of a bill of sale signed by the City Clerk and sealed with the City Seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of Sections 301.218 or 301.251, RSMo., of for a junking certificate as provided in Section 301.227, RSMo.

G. Any person violating any of the terms or provisions of this Chapter shall be punished upon conviction as set forth in Section 100.070.