[Ord. No. 360 §1, 10-18-2001]
The following terms, when used in this Article, shall mean:
Any unattended motor vehicle, trailer, off-road vehicle,
outboard motor or vessel removed or subject to removal from public
or private property as provided in this Article, whether or not operational.
A divided State highway with four (4) or more lanes, with
no access to the throughways except the established interchanges and
with no at-grade crossings.
A State highway included in the national system of interstate
highways located within the boundaries of the City, as officially
designated or as may be hereafter designated by the Missouri Highway
and Transportation Commission with the approval of the United States
Secretary of Transportation, pursuant to Title 23, United States Code,
as amended.
Any vehicle designed for or capable of cross-county travel
on or immediately over land, water, ice, snow, marsh, swampland, or
other natural terrain without benefit of a road or trail, including,
without limitation, the following:
Jeeps;
All-terrain vehicles;
Dune buggies;
Multi-wheel drive or low-pressure tire vehicles;
Vehicle using an endless belt, or tread or treads, or a combination
of tread and low pressure tires;
Motorcycles, trail bikes, minibikes and related vehicles;
Any other means of transportation deriving power from any source
other than muscle or wind;
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and excluding the following:
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1.
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Registered motorboats;
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2.
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Aircraft;
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3.
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Any military, fire, or law enforcement vehicle;
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4.
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Farm-type tractors and other self-propelled equipment for harvesting
and transporting farm or forest products;
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5.
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Any vehicle being used for farm purposes, earth moving, or construction
while being used for such purposes on the work site;
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6.
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Self-propelled lawnmowers, or lawn or garden tractors, or golf
carts, while being used exclusively for their design purpose; and
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7.
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Any vehicle being used for the purpose of transporting a handicapped
person.
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The entire width of land between the boundary lines of a
State highway, City street or alley, including any roadway.
That improved portion of a State highway, City street or
alley used for vehicular travel, exclusive of any berm or shoulder.
A highway constructed or maintained by the Missouri Highway
and Transportation Commission with the aid of State or Federal funds,
or any highway included by authority of law in the State highway system,
including all right-of-way.
Any person or entity which tows, removes, or stores abandoned
property.
[Ord. No. 360 §2, 10-18-2001]
A.
Any
Police Officer within the officer's jurisdiction 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, freeway or other State highway left unattended
for more than ten (10) hours;
b.
Any other public street or alley left unattended for a period of
forty-eight (48) hours or more and which has been tagged with an official
forty-eight (48) hour notice by the Police Department when the abandoned
property does not display a current vehicle license tag or the abandoned
property appears to be inoperable, dismantled or is in such a state
of disrepair that it cannot be operated lawfully upon the streets,
highways, boulevards, or waters of the City;
c.
Provided that commercial motor vehicles not hauling waste designated
as hazardous under 49 U.S.C. §5103(a) may only be removed under
this Article 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 property illegally left standing upon any
highway, street, alley 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 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 is required
to take 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 fire hazard; or
8.
Any abandoned property illegally left standing on the waters of the
City and State as defined in Section 306.010, RSMo., where the abandoned
property is obstructing the normal movement of traffic, or where the
abandoned has been unattended for more than ten (10) hours or floating
loose on the water.
B.
Neither
the Police Officer nor anyone having custody of abandoned property
under his/her direction shall be liable for any damage to such abandoned
property occasioned by removal authorized by this Article other than
damages occasioned by negligence or by willful or wanton acts or omissions.
C.
The owner of abandoned property removed as provided in this Article shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Subsection (G) of this Section.
D.
Upon
the towing of any abandoned property under this Article, the Police
Department shall make an inquiry with the National Crime Information
Center and any Statewide 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. The Police Department shall submit
a crime inquiry and inspection report to the Missouri Department of
Revenue, on any unclaimed abandoned property, within ten (10) working
days of the towing of the abandoned property. The crime inquiry and
inspection report shall include the following:
1.
The year, model, make and property identification number of the abandoned
property;
2.
A description of any damage to the property noted by the Police Officer;
3.
The license plate or registration number and the State of issuance,
if available;
4.
The storage location of the towed abandoned property;
5.
The name, telephone number and address of the towing company;
6.
The date, place and reason for towing of the abandoned property;
7.
The date of the inquiry of the National Crime Information Center,
any Statewide law enforcement computer system and any other similar
system which has titling and registration information to determine
if the abandoned property had been stolen;
8.
The signature and printed name of the Police Officer and the towing
company; and
9.
Any additional information the Missouri Department of Revenue deems
appropriate.
E.
The
Police Department shall utilize any uniform "Authorization to Tow"
form provided by the Missouri Department of Revenue. The completed
form shall be issued by the authorizing Police Officer to the tow
company for that company's records as proof of authorization to tow
particular abandoned property. One (1) copy of the crime inquiry and
inspection report shall remain with the Police Department. One (1)
copy shall be provided to and retained by towing company in an accessible
format in its business records for a period of three (3) years from
the date of tow or removal.
F.
The
owner of towed 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.
G.
Any
towing company who removes abandoned property at the direction of
a Police Officer as provided in this Article shall have a lien for
all reasonable charges for the towing and storage of the abandoned
property until possession of the abandoned property is voluntarily
relinquished to the owner of the abandoned property or to the holder
of a valid security interest of record. Such lien shall be enforced
in the manner described in Section 304.156, RSMo.
H.
Towing
companies shall keep a record for three (3) years on any abandoned
property towed and not reclaimed by the owner of the abandoned property.
Such record shall contain a copy of the Police Officer's authorization
to tow, copies of all correspondence with the Missouri Department
of Revenue concerning the abandoned property, and information concerning
the final disposition of the possession of the abandoned property.
I.
Any
personal property within the towed abandoned property need not be
released to the owner thereof until the reasonable or agreed charges
for such recovery, transportation or safekeeping of the abandoned
property 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 towing company
or Police Officer holding or storing the property shall either release
the personal property to the owner of the abandoned or allow the owner
to inspect the property and provide an itemized receipt for the contents.
The towing company holding or storing the personal property shall
be strictly liable for the condition and safe return of the property.
Stolen, unidentified or impounded personal property, other than the
abandoned property, which is removed or caused to be removed by the
Police Department shall be stored at the law enforcement center, unless
because of its size, nature or condition it should reasonably be stored
elsewhere. Such personal property may be subject to the actual cost
of removal and administrative and storage fees, provided that the
storage fee for such unclaimed personal property shall not be less
than one dollar ($1.00) per day of storage.
[Ord. No. 360 §3, 10-18-2001]
A.
If
a person abandons property 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 within the officer's jurisdiction may authorize a towing
company to remove such abandoned property from the property in the
following circumstances:
B.
Neither
the Police Officer or anyone having custody of abandoned property
under his/her direction shall be liable for any damage to such abandoned
property occasioned by a removal authorized by this Section other
than damages occasioned by negligence or by willful or wanton acts
or omissions.
C.
When
the owner of real property or a lessee in lawful possession of the
real property authorizes a towing company to remove abandoned property
without the authorization of a Police Officer, pursuant to Section
304.157, RSMo., and a towing company submits an abandoned property
report to the Police Department, the Police Department must record
the date the abandoned property was filed with the department and
within five (5) days of such filing make an inquiry into the National
Crime Information Center and any Statewide law enforcement computer
system to determine if the abandoned property has been reported stolen.
The Police Department shall enter the information pertaining to the
towed abandoned property into the Statewide law enforcement computer
system.
[Ord. No. 360 §4, 10-18-2001]
A.
Upon
causing the removal of any abandoned property under this Article,
if the Police Department knows the registered owner or lienholder
of the abandoned property, it shall within five (5) working days give
in writing to the registered owner and any lienholder of the fact
of the removal, the grounds for the removal, and indicate the place
to which the property has been removed. If the abandoned property
is stored with a tow company, a copy of the notice shall be given
to the tow company. The notice provided for in this Subsection shall
include the amount of mileage, if available, shown on the abandoned
property at the time of the removal.
B.
A tow
company storage facility where abandoned property is stored pursuant
to this Article shall accept cash or a valid bank credit card for
payment of towing and storage by a registered owner or the owner's
agent claiming the abandoned property, except where the tow and impoundment
of the abandoned property was the result of an arrest or accident
whereby the towing company may then demand payment in the form of
cash. A tow company who refuses to accept a valid bank credit card
pursuant to this Subsection is liable to the registered owner of the
abandoned property for four (4) times the amount of towing and storage,
but not to exceed five hundred dollars ($500.00), as provided by Section
304.158.7, RSMo. In addition, persons operating or in charge of a
tow company storage facility shall have sufficient moneys on the premises
to accommodate, and made change in, a reasonable monetary transaction.
C.
Any
towing company which comes into possession of abandoned property pursuant
to this Article 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/or lienholder(s)
within ten (10) business days of the date of mailing indicated on
the Missouri Department of Revenue notice to the towing company of
the names and addresses of the owner and/or lienholder(s) ascertained.
The notice shall contain the following:
1.
The name, address and telephone number of the towing company storage
facility;
2.
The date, reason and place for which the abandoned property was removed;
3.
A statement that the amount of the accrued towing, storage and administrative
coasts 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 tow company 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 or holder of a valid security interest consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in Subsection (I) of this Section to contest the propriety of a 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 or the abandoned
property at the time of such transfer shall remain a liability of
the owner.
D.
A towing
company may assess storage charges for abandoned property only for
the time in which it complies with the procedural requirements of
this Article.
E.
In
the event that the records of the Missouri Department of Revenue fail
to disclose the name of the owner or any lienholder of record for
the abandoned property, upon notification by the Department of Revenue
to the towing company of such failure, 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
and that a good faith effort was made. For purposes of this Subsection, "good faith effort" means that the following checks have
been performed by the tow 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 police report for a license plate number or registration
if the abandoned property was towed at the request of a Police Officer;
3.
Check the tow ticket/report of the tow company operator to see of
a license plate was on the abandoned property at the beginning if
the to, if a private tow; and
4.
If there is no address of the owner on the impound report, check
the police report to see if an out-of-state address is indicated on
the drivers license information.
F.
If no ownership information is discovered, the Missouri Department of Revenue shall be notified in writing by the tow company. Title may then be obtained in accordance with Section 304.156, RSMo., and Subsection (G) of this Section.
G.
Thirty (30) days after the notification form has been mailed by the towing company to the abandoned property owner and any holder(s) of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or any holder of a security agreement has not requested a hearing as provided in Subsection (I) of this Section, the lienholder in possession may apply to the Missouri Department of Revenue for a salvage certificate or title designated with the words "salvage/abandoned property" or junking certificate designated certificate based on the condition of the abandoned property as stated in the abandoned property report or crime inquiry and inspection report. The application for title shall be accompanied by:
1.
An affidavit from the lienholder in possession that he/she has been
in possession of the abandoned property for at least thirty (30) days
and the owner of the abandoned property or any holder of a security
agreement has not made arrangements for payment of towing and storage
charges;
2.
An affidavit that the lienholder has not been notified of any application for hearing as provided in Subsection (I) of this Section;
3.
A copy of the abandoned property report or crime inquiry and inspection
report;
4.
A copy of the thirty (30) day notice given by certified mail to any
owner and person holding a valid security interest and a copy of the
certified mail receipt indicating that the owner and/or lienholder(s)
of record received notice as required in this Section.
H.
If notice to the owner and/or holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with Subsection (E) of this Section.
I.
The owner of abandoned property removed pursuant to the provisions of this Article 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 (C) of this Section may file a petition in the Associate Division of the Webster County Circuit Court to determine if the abandoned property was wrongfully taken or withheld from the owner, as provided in Section 304.156.5, RSMo.
[Ord. No. 360 §5, 10-18-2001]
The owner of abandoned property removed as provided in this
Article shall be responsible for the payment of all reasonable charges
for towing and storage of such abandoned property. Upon presentation
of a written application, including proof of ownership, and a receipt
from the towing company showing all claims satisfied against the abandoned
property, the Police Department shall authorize the release of the
abandoned property to the owner, except where the abandoned property
is held pursuant to another law.
