As used in this Article, the following terms shall have the
meanings set out herein:
ABANDONED PROPERTY
Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel removed or subject to removal from public
or private property as provided in this Article, whether or not operational.
For any vehicle towed from the scene of an accident at the request
of law enforcement and not retrieved by the vehicle's owner within
five (5) days of the accident, the agency requesting the tow shall
be required to write an abandoned property report or a criminal inquiry
and inspection report.
PERSON
Any natural person, corporation or other legal entity.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
ROADWAY
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
TOWING COMPANY
Any person or entity which tows, removes or stores abandoned
property.
URBANIZED AREA
An area with a population of fifty thousand (50,000) or more
designated by the Bureau of the Census within boundaries to be fixed
by the State Highways and Transportation Commission and local officials
in cooperation with each other and approved by the Secretary of Transportation.
The boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designed by the Bureau of the Census.
[Ord. No. 202-02 §1, 12-8-2002; Ord. No. 203-01 §1, 1-14-2003]
A. The
open storage of inoperable vehicles or other vehicles deemed by the
City to constitute a public safety hazard is prohibited. Nothing in
this Section shall apply to a vehicle which is completely enclosed
within a locked building and not visible from the adjacent public
or private property nor to any vehicle upon the property of a business
licensed as salvage, swap, junk dealer, towing or storage facility
so long as the business is operated in compliance with its business
license and the property is in compliance with applicable zoning ordinances.
B. An "inoperable vehicle" is described as a motor vehicle missing
its motor, transmission, axles, tires and/or wheels, body parts or
one that would not pass the current requirements for a Missouri motor
vehicle inspection or one that has been wrecked and left sitting for
a period of thirty (30) days or more.
C. Any
vehicle deemed to be a public safety hazard will be tagged with a
Police notice showing it to be an inoperable/abandoned vehicle and
written notice will be sent to the registered owner and/or the property
owner, if different, advising they have forty-eight (48) hours to
bring the vehicle in compliance with this Section or remove such vehicle
from the City. If the registered owner and/or property owner fails
to comply with the request of the City, a summons will be issued to
appear in court.
Except in the case of an accident resulting in the injury or
death of any person, the driver of a vehicle which for any reason
obstructs the regular flow of traffic on the roadway of any public
road or State highway shall make every reasonable effort to move the
vehicle or have it moved so as not to block the regular flow of traffic.
Any person who fails to comply with the requirements of this Section
is guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than fifty dollars ($50.00).
When the City has physical possession of the abandoned property,
it may sell the abandoned property in accordance with its established
provisions and regulations and may transfer ownership by means of
a bill of sale signed by the City Clerk and sealed with the official
City Seal. Such bill of sale shall contain the make and model of the
abandoned property, the complete abandoned property identification
number, and the odometer reading of the abandoned property if available
and shall be lawful proof of ownership for any dealer registered under
the provisions of Section 301.218, RSMo., or Section 301.560, RSMo.,
or for any other person.