Editor's Note: Former Article I, Junk Automobiles, was repealed 10-6-2025 by Ord. No. 1403. Prior history includes Ord. No. 72, Ord. No. 235, Ord. No. 717, Ord. No. 778, Ord. No. 858, Ord. No. 1014, Ord. No. 1016, Ord. No. 1126, Ord. No. 1169, Ord. No. 1170, Ord. No. 1254, and Ord. No. 1257.

Section 235.010 through Section 235.120. (Reserved)

[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.

Section 235.140 Abandonment.

[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.

Section 235.150 Notification to Police.

[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.

Section 235.160 Towing Away. [1]

[Ord. No. 882 §§1 — 2, 2-1-2010]

Any Police Officer may authorize a towing company to remove to a place of safety:

Any abandoned vehicle or property on the right-of-way of:

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;

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;

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;

Any abandoned vehicle which has been abandoned under Section 577.080, RSMo.;

Any abandoned vehicle which has been reported as stolen or taken without consent of the owner;

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;

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;

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;

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.

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.

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.

Section 235.170 Wreckers. [1]

[Ord. No. 882 §§1, 3, 2-1-2010]

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:

The year, model, make and property identification number of the property and the owner and any lienholders, if known;

A description of any damage to the property noted by the officer authorizing the tow;

The license plate or registration number and the State of issuance, if available;

The storage location of the towed property;

The name, telephone number and address of the towing company;

The date, place and reason for the towing of the abandoned property;

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;

The signature and printed name of the officer authorizing the tow;

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.

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.

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.

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]

Section 235.180 Charges for Towing and Storage When in Jail. [1]

[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]

Section 235.190 Redemption.

[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.

Section 235.200 Public Sale Notice.

[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.

Section 235.210 Disposal.

[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.

Section 235.220 Proceeds of Public Sale.

[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.

Section 235.230 Immunity From Damages.

[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.

Section 235.235 Towing of Disabled or Damaged Vehicles.

[Ord. No. 812 §1, 11-6-2006]

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.

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:

Proof of ownership;

Proof of liability insurance in a minimum amount of $300,000.00/$100,000.00;

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

That the office of the company or owner is located within one-half (½) mile of City limits.