[Ord. No. 72 §1, 11-2-1981]
Except where otherwise indicated, the following definitions
shall apply in the interpretation and enforcement of this Chapter.
Any vehicle which is not registered or is improperly registered
with the State of Missouri; has been inoperable for more than seventy-two
(72) hours or is in such a state of repair as to be inoperable, except
those on the premises of a duly licensed automobile repair or sales
business; or in a duly licensed automobile junking yard.
Any old iron, steel, brass, copper, tin, lead or other base
metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old
bottles or other glass; bones; wastepaper and other waste or discarded
material which might be prepared to be used again in some form; and
any or all of the foregoing; and motor vehicles, no longer used as
such, to be used for scrap metal or stripping of parts; but "junk"
shall not include materials or objects accumulated by a person as
by-products, waste or scraps from the operation of his/her own business,
or materials or objects held and used by a manufacturer as an integral
part of his/her own manufacturing processes.
[Ord. No. 1169, 1-6-2020]
Any machine propelled by power other than human power, designed
to travel along the ground by use of wheels, treads, runners, or slides,
including but not limited to automobiles, trucks, trailers, motorcycles,
tractors, buggies, and wagons, or any part thereof.
[Ord. No. 72 §2, 11-2-1981]
The Chief of Police shall remove any vehicle or other removable
object located on highways, streets or alleys within the corporate
City limits, which congests, obstruct or unduly restricts the free,
clear and unimpeded movement of traffic. The vehicle shall be removed
to such a place remote from such traffic and movement and impounded
until such time as the registered owner thereof shall claim the same
by the full payment of the costs accrued for towing and storage while
so impounded, and the Court costs and fines assessed.
[Ord. No. 235 §2, 9-5-1988; Ord. No. 717 §2, 3-17-2003]
A.
Damaged or Disabled Vehicles Are Nuisances. Any damaged
or disabled vehicle, part thereof, or junk, located on any property,
street, or highway which:
1.
Presents a hazard to children, or
2.
Harbors tall grass, weeds, or other vegetation, or
3.
Creates a fire hazard, or
4.
Affords a breeding place or nesting place for mosquitoes, flies,
rodents, rats, or other vermin, or
5.
Is allowed to remain unmoved on any street or highway for seventy-two
(72) hours, or
6.
Any such vehicle or part thereof, which that is allowed to remain
on private premises, other than a duly licensed automobile repair
or sales business, or junk yard, for a period of more than ten (10)
days, is hereby declared a public nuisance.
B.
Vehicles Exempted. The provisions of Subsection A(6) hereof shall not apply to historic motor vehicles, which are being restored for licenses pursuant to Section 301.130 RSMo., or to motor vehicles which are awaiting repair pending the adjustment of an insurance claim, provided the owners of such vehicles have applied for and received a permit from the Chief of Police, which permit may be granted upon proof that the owner is taking all necessary steps to restore said historic vehicle or settle the insurance claim so as to repair the vehicle. Said permits shall be issued for thirty (30) days, but may be renewed upon further application to the Chief of Police.
[Ord. No. 235 §4, 9-5-1988; Ord. No. 778 §1, 4-4-2005; Ord.
No. 858 §3, 7-20-2009]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section 235.010, and any person who maintains such a nuisance may, upon conviction in the Municipal Court, be assessed the penalty provided in Section 110.010 of the City Code. Failure of the City to dispose of damaged or disabled vehicles pursuant to Sections 235.050 through 235.120 shall not preclude the City Attorney from filing ordinance violation charges against any person whose damaged or disabled vehicle constitutes a nuisance.
[Ord. No. 1016 §1, 4-6-2015]
A.
Unlicensed or inoperable motor vehicles shall not be considered a
nuisance under the following conditions:
1.
Said unlicensed or inoperable motor vehicle has been located
on the street abutting the owner's premises or in the front of the
owner's premises for a period of less than ten (10) days.
2.
The unlicensed or inoperable motor vehicle is entirely enclosed
in a garage, shed or similar structure and is not visible to the public
from the abutting street and said structure complies with all setback
requirements applicable to the zoning classification of the property.
[Ord. No. 1170, 1-6-2020; Ord.
No. 1257, 10-18-2021]
3.
The owners insure that there are no tall grass, weeds, vegetation
or debris around or under the motor vehicle.
4.
Vehicles stored in enclosed buildings shall not be considered a nuisance.
[Ord. No. 1254, 8-16-2021]
5.
Vehicles stored or towed to a licensed vehicle repair shop, which
has been on the business' lot for less than fifteen (15) days shall
not be a nuisance.
[Ord. No. 1254, 8-16-2021]
[Ord. No. 72 §5, 11-2-1981; Ord. No. 1126, 7-2-2018]
Whenever the Chief of Police or Nuisance Officer receives a complaint alleging that a vehicle or junk constitutes a nuisance or whenever he/she reasonable believes that a vehicle or junk constitutes a nuisance, as defined in Section 235.030 of this Article, he/she shall cause written notice to be served upon the owner or the custodian of the junk or vehicle if he/she can be located. Service of the written notice may be by personal service or by registered mail The notice shall be signed by the Chief of Police or Nuisance Officer and shall set forth the time and place of the public hearing, which will be held to determine whether or not the vehicle or junk in question constitutes a nuisance in violation of this Article.
[Ord. No. 72 §6, 11-2-1981; Ord. No.
1126, 7-2-2018]
Whenever the Chief of Police or Nuisance Officer reasonable believes that a vehicle or junk constitutes a nuisance as defined in Section 235.030 of this Article, but the Owner or custodian of the property cannot be located by reasonable search, a notice shall be attached to the property. The notice shall advise the owner or custodian that if he fails to contact the Chief of Police or Nuisance Officer within five (5) days from the time the notice was first posted, then the property will be removed, stored and, if necessary, sold and disposed of pursuant to Sections 235.090 and 235.100 of this Article. If the owner contacts the Chief of Police or Nuisance Officer within five (5) days of personal service of the notice, receipt of the notice by registered mail or posting of the notice, he/she may request a public hearing to determine whether or not the property in question constitutes a nuisance.
[Ord. No. 72 §7, 11-2-1981; Ord. No. 1014 §1, 3-16-2015; Ord. No. 1126, 7-2-2018]
The owner or custodian of the vehicle or junk deemed to be a
nuisance shall be given a five (5) day notice of the time and place
of the public hearing. The Chief of Police or Nuisance Officer shall
act as Hearing Officer at said public hearing.
[Ord. No. 72 §8, 11-2-1981; Ord. No. 1126, 7-2-2018]
The Hearing Officer after conducting the public hearing shall
make written findings of fact from the testimony offered at the public
hearing as to whether or not the vehicle or junk in question constitutes
a nuisance within the meaning of this Article. If the Hearing Officer
determines that the property is a nuisance, he/she shall issue an
order commanding the owner or custodian of the property to abate the
nuisance five (5) days after the order is entered.
[Ord. No. 72 §9, 11-2-1981; Ord. No. 1126, 7-2-2018]
A.
Disposition By City. If the property determined to be a nuisance is not removed within the time specified in Section 235.080 of this Article, the property shall be transported to a storage area by or at the direction of the Chief of Police or Nuisance Officer at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least thirty (30) days and the person entitled to possession thereof, may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the property is unredeemed after the expiration of the thirty (30) days period, the Chief of Police or Nuisance Officer may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from the disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof, and any excess held in escrow or returned to him/her. After another thirty (30) day period, if the excess be unclaimed, it shall be paid over to the General Fund of the City.
B.
Disposition
By Private Contractor. The City may contract with a private contractor
for the removal and storage of disabled and abandoned vehicles. If
the City contracts with a private entity for the removal and disposal
of damaged and disabled vehicles, said contract shall provide that
the property shall be transported to the storage area at the expense
of the owner or person in custody thereof, stored for at least thirty
(30) days, the person entitled to possession thereof may redeem the
property by payment to the contractor of the actual cost of the removal
and storage. If the property is unredeemed after the expiration of
thirty (30) days, the contractor may sell the property, the property
may be sold at auction or by private sale in a reasonably commercial
manner. Any money received by the contractor shall be applied to the
expenses charged to the owner or person in charge thereof and held
in escrow returned to him/her. After a thirty (30) day period, if
the excess is unclaimed, it may be retained by the contractor pursuant
to contract with the City and if not allowed to be retained by the
contractor shall be paid over to the general revenue fund of the City.
[Ord. No. 72 §10, 11-2-1981; Ord. No. 1126, 7-2-2018]
A.
In
the event the City sells the abandoned or disabled vehicle, the Chief
of Police or Nuisance Officer shall cause to be posted in City Hall,
at the place of storage, and at least one (1) other place in the City
a notice of sale stating:
[Ord. No. 72 §11, 11-2-1981]
The Chief of Police or his duly authorized representative may
enter upon private property for inspection or for the purpose of removing
any property in accordance with this Article. If any person refuses
to allow entry onto his private property, the Chief of Police may
obtain a warrant from the proper Official and proceed in accordance
therewith.
[Ord. No. 72 §12, 11-2-1981]
In the case where it reasonably appears to the Chief of Police that there is immediate danger to the life or safety of any person unless a nuisance as defined in Section 235.030 of this Article is immediately abated, the Chief of Police shall remove or abate the nuisance. The cost of such emergency removal or abatement shall be collected in the same manner as provided by Sections 235.090 and 235.100 of this Article.
[Ord. No. 105 §1, 5-16-1983]
For the purpose of this Article, "motor vehicles" shall include but not be limited to the following: Automobile, pickup
truck, truck, trailer, tractors, van, flat bed, farm machinery, construction
vehicles, buses, motorcycles or any portions thereof.
[Ord. No. 105 §2, 5-16-1983]
The abandonment of a motor vehicle or any part thereof on any
highway in this Municipality is unlawful and subject to penalties
as set forth herein. The abandonment of a motor vehicle or other vehicles
or any part thereof on private or public property, other than a highway,
in view of the general public, anywhere in the City is unlawful except
on property of the owner or bailee of such abandoned vehicle. A motor
vehicle or other vehicle or any part thereof so abandoned on private
property may be authorized for removal by or upon the order of the
Chief of the Police Department of the City, after a waiting period
of seven (7) days or more has expired.
[Ord. No. 105 §3, 5-16-1983]
When an abandoned, lost or stolen or unclaimed motor vehicle
comes into the temporary possession or custody of a person in this
State, not the owner of the vehicle, such person shall immediately
notify the Police Department when the vehicle is within the corporate
limits of the City. Upon receipt of such notification, the Chief of
the Police Department shall authorize a towing service to remove and
take possession of the abandoned, lost, stolen, or unclaimed motor
vehicle. The towing service will safely keep the towed vehicle and
its contents, maintain a record of the tow until the vehicle is claimed
by the owner or any other person legally entitled to possession thereof,
or until it is disposed of as provided in this Article.
[Ord. No. 882 §§1 —
2, 2-1-2010]
A.
Any
Police Officer may authorize a towing company to remove to a place
of safety:
1.
Any abandoned vehicle or property on the right-of-way of:
a.
Any interstate highway or freeway, which has been left unattended
for twenty-four (24) hours or after four (4) hours if a Police Officer
determines that the abandoned property is a serious hazard to other
motorists, provided that commercial motor vehicles not hauling materials
designated as hazardous under 49 U.S.C. 5103(a) may only be removed
under this subdivision to a place of safety until the owner or owner's
representative has had a reasonable opportunity to contact a towing
company of choice;
b.
Any State Highway other than an interstate highway or freeway left
unattended for more than twenty-four (24) hours; provided that commercial
motor vehicles not hauling waste designated as hazardous under 49
U.S.C. 5103(a) may only be removed under this subdivision to a place
of safety until the owner or owner's representative has had a reasonable
opportunity to contact a towing company of choice;
2.
Any unattended abandoned vehicles or property illegally left standing
upon any highway or bridge or 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 vehicle which has been abandoned under Section 577.080,
RSMo.;
4.
Any abandoned vehicle which has been reported as stolen or taken
without consent of the owner;
5.
Any abandoned vehicle 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 vehicle which due to any other State Law or local ordinance
is subject to towing because of the owner's outstanding traffic or
parking violations;
7.
Any abandoned vehicle left unattended in violation of a State law
or local ordinance where signs have been posted giving notice of the
law or where the violation causes a safety hazard;
8.
Any abandoned vehicle 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.
The
Police Officer may immediately remove any abandoned vehicle, unattended,
wrecked, burned or partially dismantled vehicle, spilled cargo or
other property from the right-of-way of any interstate highway, freeway
or State highway if the abandoned property, cargo or personal property
is creating a traffic hazard because of its position in relation to
the interstate highway, freeway or State highway. In the event the
property creating a traffic hazard is a commercial motor vehicle,
as defined in Section 302.700, RSMo., the Officer's authority under
this Subsection shall be limited to authorizing a towing company to
remove the commercial motor vehicle to a place of safety, except that
the owner of the commercial motor vehicle or the owner's designated
representative shall have a reasonable opportunity to contact a towing
company of choice. The provisions of this Subsection shall not apply
to vehicles transporting any material which has been designated as
hazardous under Section 5103(a) of Title 49, U.S.C.
C.
Any
Police Officer authorizing a tow pursuant to this Section in which
the abandoned vehicle is moved from the immediate vicinity shall complete
a crime inquiry and inspection report.
[1]
Editor's Note — Ord. No. 882 §1, Adopted February
1, 2010, Repealed Sections 235.160 "towing away"; 235.170 "records"
and 235.180 "obtaining Registration information" and Enacted New Provisions
Set Out Herein. Former Sections 235.160 — 235.180 Derived From
Ord. No. 105 §§4 — 6, 5-16-1983.
[Ord. No. 882 §§1, 3, 2-1-2010]
A.
Upon
the towing of abandoned vehicle pursuant to this Section, the Police
Officer that authorized such towing or was properly notified by another
government agency of such towing shall promptly make an inquiry with
the National Crime Information Center and any Statewide Missouri law
enforcement computer system to determine if the abandoned vehicle
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 vehicle 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
vehicle's 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
tower does not have online access, the law enforcement agency shall
submit a crime inquiry and inspection report to the Director of Revenue.
A towing company that does not have online access to the department's
records and that is in possession of abandoned vehicle after ten (10)
working days shall report such fact to the law enforcement agency
with which the crime inquiry and inspection report was filed. 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 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 as titling and registration information to determine
if the abandoned vehicle had been stolen. This information shall be
entered only by the law enforcement agency making the inquiry;
8.
The signature and printed name of the 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 Director of Revenue deems appropriate.
B.
One
(1) copy of the crime inquiry and inspection report shall remain with
the agency which authorized the tow. One (1) copy shall be provided
to and retained by the storage facility and one (1) copy shall be
retained by the towing facility in an accessible format in the business
records for period of three (3) years from the date of the tow or
removal.
C.
The
owner of such abandoned vehicle, 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 records and repayment of
all reasonable charges for the towing and storage of the abandoned
property.
D.
Any
person who removes abandoned vehicle at the direction of a Police
Officer as provided in this Section shall have a lien for all reasonable
charges for the towing and storage of the abandoned property until
possession of the abandoned vehicle is voluntarily relinquished to
the owner of the abandoned vehicle or to the holder of a valid security
interest of record. Any personal property within the abandoned property
need not be released to the owner thereof until the reasonable or
agreed charges for such recovery, transportation or safekeeping have
been paid or satisfactory arrangements for payment have been made,
except that any medication prescribed by a physician shall be released
to the owner thereof upon request. The company holding or storing
the abandoned property shall either release the personal property
to the owner of the abandoned vehicle or allow the owner to inspect
the property and provide an itemized receipt for the contents. The
company holding or storing the property shall be strictly liable for
the condition and safe return of the personal property. Such lien
shall be enforced in the manner provided under this Section.
[1]
Editor's Note — Ord. No. 882 §1, Adopted February
1, 2010, Repealed Sections 235.160 "towing away"; 235.170 "records"
and 235.180 "obtaining Registration information" and Enacted New Provisions
Set Out Herein. Former Sections 235.160 — 235.180 Derived From
Ord. No. 105 §§4 — 6, 5-16-1983.
[Ord. No. 882 §§1, 5, 2-1-2010]
The owner of abandoned vehicle removed as provided in this Section
shall be responsible for payment of all reasonable charges for towing
and storage of such abandoned property provided in Section 304.158,
RSMo.
[1]
Editor's Note — Ord. No. 882 §1, Adopted February
1, 2010, Repealed Sections 235.160 "towing away"; 235.170 "records"
and 235.180 "obtaining Registration information" and Enacted New Provisions
Set Out Herein. Former Sections 235.160 — 235.180 Derived From
Ord. No. 105 §§4 — 6, 5-16-1983.
[Ord. No. 105 §7, 5-16-1983]
Any time before a motor vehicle is sold at public sale or disposed
of as provided herein, the owner or other person legally entitled
to its possession may reclaim the vehicle by presenting to the Police
Department proof of ownership or proof of the right to possession
of the vehicle. No vehicle shall be released to the owner or other
person under this Section until all towing and storage charges have
been paid.
[Ord. No. 105 §8, 5-16-1983]
Whenever an abandoned, lost, stolen, or unclaimed motor vehicle,
remains unclaimed by the registered owner or other person legally
entitled to its possession for a period of thirty (30) days after
notice has been given as provided herein, the Police Department having
possession of the vehicle shall cause it to be sold at public sale
to the highest bidder. Notice of the time and place of the sale shall
be posted in a conspicuous place for at least ten (10) days prior
to the sale on the premises where the vehicle has been impounded.
At least ten (10) days prior to the sale, the Police Department shall
cause a notice of the time and place of the sale to be sent by certified
mail to the registered owner or other person known by the Police Department
or towing service to be legally entitled to the possession of the
vehicle. Such notice shall contain a complete description of the vehicle
to be sold and what steps must be taken by any legally entitled person
to reclaim the vehicle. In those instances where the certified notification
specified herein has been returned by the postal authorities to the
Police Department due to the addressee having moved, or being unknown
at the address obtained from the registration records of this State,
the sending of a second certified notice will not be required.
[Ord. No. 105 §9, 5-16-1983]
When the identity of the registered owner or other person legally
entitled to the possession of an abandoned, lost, or unclaimed vehicle
cannot be determined by any means provided for in this Article, the
vehicle may be sold as provided herein or disposed of in the manner
authorized by this Article without notice to the registered owner
or other person legally entitled to the possession of the vehicle.
[Ord. No. 105 §10, 5-16-1983]
When a vehicle located within the corporate limits of the City
is authorized to be towed away by the Chief of Police and disposed
of as set forth in this Article, the proceeds of the public sale or
disposition after the deduction of towing, storage, and processing
charges shall be deposited in the Municipal Treasury.
[Ord. No. 105 §11, 5-16-1983; Ord. No. 882 §§1, 4, 2-1-2010]
Neither the Police Officer, Police Department or the City, nor
anyone having custody of the abandoned property under the officer's
direction shall be liable for any damage to such abandoned vehicle
or property occasioned by the removal authorized by ordinance other
than the damages occasioned by negligence or by willful or wanton
acts or omissions.
[Ord. No. 812 §1, 11-6-2006]
A.
Any vehicles requiring removal pursuant to Section 235.020 of the Code and any damaged or disabled vehicles requiring removal from an accident site where the owner or operator is unable or refuses to select a towing company shall be removed by a towing company selected by the Police Officer at the site. The Police Officer shall exercise his discretion in selecting the appropriate towing company, taking into consideration all factors including, but not limited to, the proximity of the tow truck or towing company to the site, availability of the tow truck, history of the towing company's reliability in performing prior services, history of the towing company's interferences at other sites and order of rotation of the towing company on the towing company list.
B.
The
City shall maintain a list of approved towing companies. Any towing
company wishing its name to be placed on the list shall provide the
City with the following:
1.
Proof of ownership;
2.
Proof of liability insurance in a minimum amount of $300,000.00/$100,000.00;
3.
Execution of a document on file with City Hall releasing the City
from any and all liability arising from the towing company's removal
or failure to remove upon request disabled or damaged vehicles; and
4.
That the office of the company or owner is located within one-half
(½) mile of City limits.
