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.
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.
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.
[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.
[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;
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.