As used in this Chapter, the following terms shall have the
meanings set out herein:
Any unattended or unlicensed motor vehicle, trailer, all-terrain
vehicle, outboard motor or vessel removed or subject to removal from
public or private property as provided in this Chapter, 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.
Any natural person, corporation or other legal entity.
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Any person or entity which tows, removes or stores abandoned
property.
[1]
State Law Reference: For similar provisions, § 304.001,
RSMo.
A.
A person commits the offense of abandoning a vehicle, vessel, or
trailer if he or she knowingly abandons any vehicle, vessel, or trailer
on:
1.
The right-of-way of any public road or State highway;
2.
On or in any of the waters in this State;
3.
On the banks of any stream;
4.
On any land or water owned, operated or leased by the State, any
board, department, agency or commission thereof, or any political
subdivision thereof;
5.
On any land or water owned, operated or leased by the Federal government;
or
6.
On any private real property owned by another without his or her
consent.
B.
For purposes of this Section, the last owner of record of a vehicle,
vessel, or trailer found abandoned and not shown to be transferred
pursuant to Sections 301.196 and 301.197, RSMo., shall be deemed prima
facie evidence of ownership of such vehicle, vessel, or trailer at
the time it was abandoned and the person who abandoned the vehicle,
vessel, or trailer or caused or procured its abandonment. The registered
owner of the abandoned vehicle, vessel, or trailer shall not be subject
to the penalties provided by this Section if the vehicle, vessel,
or trailer was in the care, custody, or control of another person
at the time of the violation. In such instance, the owner shall submit
such evidence in an affidavit permitted by the court setting forth
the name, address, and other pertinent information of the person who
leased, rented, or otherwise had care, custody, or control of the
vehicle, vessel, or trailer at the time of the alleged violation.
The affidavit submitted pursuant to this Subsection shall be admissible
in a court proceeding adjudicating the alleged violation and shall
raise a rebuttable presumption that the person identified in the affidavit
was in actual control of the vehicle, vessel, or trailer. In such
case, the court has the authority to terminate the prosecution of
the summons issued to the owner and issue a summons to the person
identified in the affidavit as the operator. If the vehicle, vessel,
or trailer is alleged to have been stolen, the owner of the vehicle,
vessel, or trailer shall submit proof that a police report was filed
in a timely manner indicating that the vehicle or vessel was stolen
at the time of the alleged violation.
C.
The offense of abandoning a vehicle, vessel, or trailer is an ordinance
violation.
D.
Any person convicted pursuant to this Section shall be civilly liable
for all reasonable towing, storage, and administrative costs associated
with the abandonment of the vehicle, vessel, or trailer. Any reasonable
towing, storage, and administrative costs in excess of the value of
the abandoned vehicle, vessel, or trailer that exist at the time the
property is transferred pursuant to Section 304.156, RSMo., shall
remain the liability of the person convicted pursuant to this Section
so long as the towing company, as defined in Chapter 304, RSMo., provided
the title owner and lienholders, as ascertained by the Department
of Revenue records, a notice within the time frame and in the form
as described in Subsection 1 of Section 304.156, RSMo.
The open storage of inoperable or unlicensed vehicles or other
vehicles deemed by the Village 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 or locked fenced area
and not visible from 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.
[1]
State Law Reference: For similar provisions, § 304.159,
RSMo.
A.
Generally. The Village, including the Village Police Department, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to Section 217.030 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The Village shall perform such tow pursuant to the terms of Section 217.050. When a Village agency other than the Police Department authorizes a tow under this Subsection, it shall report the tow to the Police Department within two (2) hours with a crime inquiry and inspection report.
B.
Towing Authorized By Village Police Department. If a person abandons
property on any real property owned by another without the consent
of the owner or person in possession of the real property, at the
request of the person in possession of the real property, any Village
Police Officer may authorize a towing company to remove such abandoned
property from the property in the following circumstances:
C.
Towing Authorized By Real Property Owner, Lessee Or Property Or Security
Manager.
1.
The owner of real property or lessee in lawful possession of
the real property or the property or security manager of the real
property may authorize a towing company to remove abandoned property
or property parked in a restricted or assigned area without authorization
by a Law Enforcement Officer only when the owner, lessee or property
or security manager of the real property is present. A property or
security manager must be a full-time employee of a business entity.
An authorization to tow pursuant to this Subsection may be made only
under any of the following circumstances:
a.
Sign. There is displayed, in plain view at all entrances to
the property, a sign not less than seventeen by twenty-two (17 x 22)
inches in size, with lettering not less than one (1) inch in height,
prohibiting public parking and indicating that unauthorized abandoned
property or property parked in a restricted or assigned area will
be removed at the owner's expense, disclosing the maximum fee for
all charges related to towing and storage, and containing the telephone
number of the local traffic law enforcement agency where information
can be obtained or a twenty-four-hour staffed emergency information
telephone number by which the owner of the abandoned property or property
parked in a restricted or assigned area may call to receive information
regarding the location of such owner's property.
b.
Unattended On Owner-Occupied Residential Property. The abandoned
property is left unattended on owner-occupied residential property
with four (4) residential units or less and the owner, lessee or agent
of the real property in lawful possession has notified the Village
Police Department, and ten (10) hours have elapsed since that notification.
c.
Unattended On Other Private Real Property. The abandoned property
is left unattended on private real property and the owner, lessee
or agent of the real property in lawful possession of real property
has notified the Village Police Department, and ninety-six (96) hours
have elapsed since that notification.
2.
Pursuant to this Section, any owner or lessee in lawful possession
of real property that requests a towing company to tow abandoned property
without authorization from a Village Police Officer shall at that
time complete an abandoned property report which shall be considered
a legal declaration subject to criminal penalty pursuant to Section
575.060, RSMo. The report shall be in the form designed, printed and
distributed by the Missouri Director of Revenue and shall contain
the following:
a.
The year, model, make and abandoned property identification
number of the property, and the owner and any lienholders, if known;
b.
A description of any damage to the abandoned property noted
by owner, lessee or property or security manager in possession of
the real property;
c.
The license plate or registration number and the State of issuance,
if available;
d.
The physical location of the property and the reason for requesting
the property to be towed;
e.
The date the report is completed;
f.
The printed name, address and telephone number of the owner,
lessee or property or security manager in possession of the real property;
g.
The towing company's name and address;
h.
The signature of the towing operator;
i.
The signature of the owner, lessee or property or security manager
attesting to the facts that the property has been abandoned for the
time required by this Section and that all statements on the report
are true and correct to the best of the person's knowledge and belief
and that the person is subject to the penalties for making false statements;
j.
Space for the name of the law enforcement agency notified of
the towing of the abandoned property and for the signature of the
Law Enforcement Official receiving the report; and
k.
Any additional information the Missouri Director of Revenue
deems appropriate.
3.
Any towing company which tows abandoned property without authorization from the Village Police Department pursuant to Subsection (B) of this Section shall deliver a copy of the abandoned property report to the Village Police Department. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the Village Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subsection (C)(1)(a) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.
4.
The Village Police Department, after receiving such abandoned
property report, shall record the date on which the abandoned property
report is filed with the Police Department and shall promptly make
an inquiry into the National Crime Information Center (NCIC) and any
statewide Missouri law enforcement computer system to determine if
the abandoned property has been reported as stolen. The Police Department
shall enter the information pertaining to the towed property into
the statewide law enforcement computer system and a Police Officer
shall sign the abandoned property report and provide the towing company
with a signed copy.
5.
The Village Police Department, after receiving notification
that abandoned property has been towed by a towing company, shall
search the records of the Missouri Department of Revenue and provide
the towing company with the latest owner and lienholder information
on the abandoned property, and if the tower has online access to the
Department of Revenue's records, the tower shall comply with the requirements
of Section 304.155, RSMo. If the abandoned property is not claimed
within ten (10) working days, the towing company shall send a copy
of the abandoned property report signed by a Law Enforcement Officer
to the Department of Revenue.
6.
No owner, lessee or property or security manager of real property
shall knowingly authorize the removal of abandoned property in violation
of this Section.
7.
Any owner of any private real property causing the removal of
abandoned property from that real property shall state the grounds
for the removal of the abandoned property if requested by the registered
owner of that abandoned property. Any towing company that lawfully
removes abandoned property from private property with the written
authorization of the property owner or the property owner's agent
who is present at the time of removal shall not be held responsible
in any situation relating to the validity of the removal. Any towing
company that removes abandoned property at the direction of the landowner
shall be responsible for:
D.
Damage To Property. The owner of abandoned property removed from
private real property may recover for any damage to the property resulting
from any act of any person causing the removal of, or removing, the
abandoned property.
E.
Real Property Owner Liability. Any owner of any private real property
causing the removal of abandoned property parked on that property
is liable to the owner of the abandoned property for double the storage
or towing charges whenever there has been a failure to comply with
the requirements of this Chapter.
F.
Written Authorization Required — Delegation Of Authority To
Tow.
1.
Except for the removal of abandoned property authorized by the
Village Police Department pursuant to this Section, a towing company
shall not remove or commence the removal of abandoned property from
private real property without first obtaining written authorization
from the real property owner. All written authorizations shall be
maintained for at least one (1) year by the towing company.
2.
General authorization to remove or commence removal of abandoned
property at the towing company's discretion shall not be delegated
to a towing company or its affiliates except in the case of abandoned
property unlawfully parked within fifteen (15) feet of a fire hydrant
or in a fire lane designated by a Fire Department or the State Fire
Marshal.
G.
Towing Company Liability. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (F) of this Section, is liable to the owner of the property for four (4) times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this Section.
[1]
State Law References: For similar provisions, §§ 304.157.1,
304.157.2, 304.157.4 through 304.157.9, 304.158.2 through 304.158.4,
304.158.8 and 304.158.9, RSMo. (2004).
A.
Payment Of Charges. The owner of abandoned property removed as provided in this Chapter shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Section 385.050.
C.
Reclaiming Property. The owner of such 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.
D.
Lienholder Repossession. If a lienholder repossesses any motor vehicle,
trailer, all-terrain vehicle, outboard motor or vessel without the
knowledge or cooperation of the owner, then the repossessor shall
notify the Village Police Department within two (2) hours of the repossession
and shall further provide the Police Department with any additional
information the Police Department deems appropriate. The Village Police
Department shall make an inquiry with the National Crime Information
Center and the Missouri statewide law enforcement computer system
and shall enter the repossessed vehicle into the statewide law enforcement
computer system.
E.
Notice To Owner/Tow Lien Claim. Any towing company which comes into
possession of abandoned property pursuant to this Chapter 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 any lienholder within ten (10)
business days of the date of mailing indicated on the notice sent
by the Missouri Department of Revenue pursuant to Section 304.156,
RSMo., by certified mail, return receipt requested. The notice shall
contain the following:
1.
The name, address and telephone number of the storage facility;
2.
The date, reason and place from which the abandoned property
was removed;
3.
A statement that the amount of the accrued towing, storage and
administrative costs 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 storage firm 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 consider that the towing
or removal was improper or not legally justified, the owner has a
right to request a hearing as provided in this Section to contest
the propriety of 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 of the abandoned
property at the time of such transfer shall remain a liability of
the owner.
F.
Physical Search Of Property. In the event that the Missouri Department
of Revenue notifies the towing company that the records of the Department
of Revenue fail to disclose the name of the owner or any lienholder
of record, 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 were found and a good faith
effort has been made. For purposes of this Section, "good faith effort"
means that the following checks have been performed by the company
to establish the prior State of registration and title:
1.
Check 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 law enforcement report for a license plate number
or registration number if the abandoned property was towed at the
request of a law enforcement agency;
3.
Check the tow ticket/report of the tow truck operator to see
if a license plate was on the abandoned property at the beginning
of the tow, if a private tow; and
4.
If there is no address of the owner on the impound report, check
the law enforcement report to see if an out-of-state address is indicated
on the driver license information.
G.
Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Chapter 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 (E) of this Section may file a petition in the Associate Circuit Court in the County where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be served on the Director of Revenue.
H.
Notice To Owner.
1.
Notice as to the removal of any abandoned property pursuant
to this Chapter shall be made in writing within five (5) working days
to the registered owner and any lienholder of the fact of the removal,
the grounds for the removal, and the place to which the property has
been removed by either:
2.
If the abandoned property is stored in any storage facility,
a copy of the notice shall be given to the operator of the facility.
The notice provided for in this Section shall include the amount of
mileage if available shown on the abandoned property at the time of
removal.
I.
Tow Truck Requirements. Any towing company which tows abandoned property
for hire shall have the towing company's name, Village and State clearly
printed in letters at least three (3) inches in height on the sides
of the truck, wrecker or other vehicle used in the towing.
J.
Storage Facilities. Persons operating or in charge of any storage
facility where the abandoned property is stored pursuant to this Chapter
shall accept cash for payment of towing and storage by a registered
owner or the owner's agent claiming the abandoned property.
K.
Disposition Of Towed Property. Notwithstanding the provisions of
Section 301.227, RSMo., any towing company who has complied with the
notification provisions in Section 304.156, RSMo., including notice
that any property remaining unredeemed after thirty (30) days may
be sold as scrap property, may then dispose of such property as provided
in this Subsection. Such sale shall only occur if at least thirty
(30) days have passed since the date of such notification, the abandoned
property remains unredeemed with no satisfactory arrangements made
with the towing company for continued storage, and the owner or holder
of a security agreement has not requested a hearing as provided in
Section 304.156, RSMo. The towing company may dispose of such abandoned
property by selling the property on a bill of sale as prescribed by
the Director of Revenue to a scrap metal operator or licensed salvage
dealer for destruction purposes only. The towing company shall forward
a copy of the bill of sale provided by the scrap metal operator or
licensed salvage dealer to the Director of Revenue within two (2)
weeks of the date of such sale. The towing company shall keep a record
of each such vehicle sold for destruction for three (3) years that
shall be available for inspection by law enforcement and authorized
Department of Revenue officials. The record shall contain the year,
make, identification number of the property, date of sale, and name
of the purchasing scrap metal operator or licensed salvage dealer
and copies of all notifications issued by the towing company as required
in this Chapter. Scrap metal operators or licensed salvage dealers
shall keep a record of the purchase of such property as provided in
Section 301.227, RSMo. Scrap metal operators and licensed salvage
dealers may obtain a junk certificate as provided in Section 301.227,
RSMo., on vehicles purchased on a bill of sale pursuant to the Section.
[1]
State Law References: For similar provisions, §§ 304.155.5
304.155.6 (2004), 304.155.11 304.155.12 (2004), 304.158.1, 304.158.5,
304.158.7, RSMo.
[Ord. No. 0154, 2016; Ord. No. 0160, 6-16-2017]
A.
The Village of Hanley Hills hereby declares that no person shall
park, store, leave, or permit the parking, storing, or leaving of
a junked motor vehicle or any parts thereof upon any private property
located within the Village for a period of time in excess of seventy-two
(72) hours. A "junk vehicle" is defined as a vehicle which is incapable
of operation or use upon public streets, roads, or highways in its
current legal or physical condition or has no resale value except
as a source of parts or scrap, or an immobile vehicle that is not
currently registered with a safety inspection certifying its present
road worthiness. A junk vehicle shall also include vehicles on jack
stands; and vehicles with flat tires. Provided, however, this Section
shall not apply to any vehicle enclosed within a building where no
other nuisance exists or is created. Moreover, nothing in this Section
shall be construed to prevent a person from keeping on the person's
private property for a period of time not to exceed thirty (30) days
one (1) junked motor vehicle for the purpose of awaiting minor repairs
or modifications to it, nor to prevent a person from keeping a motor
vehicle of historic interest, as defined in Section 301.131, RSMo.
Historic plates are required for vehicles under Section 301.131, RSMo.
Without those plates, the vehicle is subject to removal as set forth
herein.
B.
The presence on private property of one (1) or more junked motor
vehicles or parts thereof contrary to the preceding section is hereby
declared to be a public nuisance that may be abated as such in accordance
with other provisions of this Section.
C.
Upon proper notice and an opportunity to be heard, the owner of the
junked motor vehicle or part thereof and the owner or occupant of
the real property whereon the junked motor vehicle or part thereof
is situated shall be jointly and individually liable for the vehicle's
removal. In the event of removal or disposition or both by the Village,
the owner of the junked motor vehicle and the owner or occupant of
the private property where same is located shall be jointly and individually
liable for the expenses incurred to effectuate the removal.
D.
Notice To Be Given.
1.
The Village Police Commissioner, or his or her designee, shall
give notice of removal to the owner of the vehicle, if ascertainable,
and to the owner or occupant of the private property where it is located
at least five (5) days before removal. Use of the last known address
of the vehicle owner will suffice as notice to the vehicle owner herein.
A citation, summons, or official communication from the Village will
also suffice as sufficient notice for the vehicle and private property
owner. Any such interested party may appear to be heard prior to removal
as set forth in the notice.
2.
It shall also constitute sufficient notice for a copy of the
notice to be left at the residence of the occupant, if any, of the
private property on which the vehicle is located, a copy placed on
the vehicle, or a copy sent by certified mail or certificate of mailing
to the owner of the vehicle, if ascertainable, and to the owner of
the private property at the owner's last known address according to
the assessor's rolls of St. Louis County.
a.
The notice shall provide the following information:
(1)
Cite the violation of this Section;
(2)
Order the removal of the vehicle within the five-day
period after the opportunity to be heard;
(3)
State that there is a right to a hearing and provide
the date and time; and
(4)
Advise that upon failure to comply with the notice
to remove, the Village shall undertake such removal with the cost
of removal to be levied against the owner or occupant of the real
property upon which the vehicle is situated, or the owner of the vehicle.
E.
The Village Police Commissioner, or his or her designee, shall have
the right to enter upon private property to take possession of the
junked motor vehicle and remove it from the premises if the violation
has not been remedied within the timeframe designated by notice or
order. Provided, however, the timely continuance from a hearing shall
stay the compliance period until such time as the hearing officer
or municipal judge has entered a decision, and for such additional
period of time as shall be allotted by the hearing officer or municipal
judge if abatement is ordered.
F.
It shall be unlawful for any person to interfere with, hinder or
refuse to allow the Police Commissioner, Police Officer(s), or other
designee(s) to enter upon private property for the purpose of removing
a vehicle in accordance with this Section.
G.
Within seventy-two (72) hours of the removal of a junked motor vehicle
from private property, the Village shall give notice to the Director
of Revenue of the State of Missouri, the registered owner of the vehicle,
if ascertainable, and to the owner and occupant, if any, of the private
property from which the vehicle was removed, that said vehicle or
vehicles have been impounded and stored for violation of this Section.
The notice shall describe the vehicle, give the location where the
vehicle is stored, and state that the owner will be charged with the
cost of removal and storage.
H.
Owner's Right To Hearing.
1.
The registered owner of a vehicle subject to being towed in
accordance with this Section or such owner's duly authorized agent,
or the owner of a vehicle notified to remove the vehicle under the
provisions of this Section or such owner's duly authorized agent,
and the owner or occupant of private property on which a junked motor
vehicle or part thereof is situated shall be afforded a fair hearing
prior to the voluntary compliance deadline in front of the Commissioner,
a hearing officer, or the municipal judge, or the designee of either.
The notice will provide the appropriate date, time, and forum wherein
such hearing will be afforded.
2.
Formal rules of evidence shall not apply; however, the parties
shall have the right to present evidence, confront and cross examine
witnesses, and receive a final decision based upon the facts adduced
at the hearing.
a.
A hearing shall determine the following:
(1)
The question of the existence of circumstances
warranting the removal of the subject motor vehicle in accordance
with this Section; or
(2)
The question as to whether there are reasonable
grounds to believe that an ordinance or statute is violated by the
circumstances surrounding the subject motor vehicle.
b.
If the Commissioner, hearing officer, or municipal judge is
satisfied that there are reasonable grounds to believe that a violation
exists, the same person shall order the vehicle's removal. The Commissioner,
hearing officer, or municipal judge may impose such conditions and
take such other action as deemed appropriate under the circumstances
to carry out the purpose of this Section, and may delay the time for
the removal of the motor vehicle or junked motor vehicle if, in their
opinion, the circumstances justify it. In the alternative, the aforesaid
persons shall enter an order allowing such vehicle to remain if they
find no violation or nuisance. The costs of removal, storage, and
advertising expenses, if any, shall be charged against the Village
or the owner of the vehicle or private property as deemed appropriate
by the Commissioner, hearing officer, or municipal judge.
I.
Removal Of Vehicle — Payment For Storage.
1.
The Village may remove or cause to be removed any motor vehicle
or junked motor vehicle in accordance with the provisions of this
Section by requesting such services of a service station, towing operator,
salvage dealer or motor vehicle repair shop for towing services. Such
vehicles shall be placed in a garage, towing service, facility, auto
repair shop or other place designated or maintained by the Village.
2.
Neither the Village, the Law Enforcement Officer nor anyone
having custody of a vehicle under his or her direction shall be liable
for any damage to such vehicle occasioned by a removal other than
damages occasioned by gross negligence or by willful or wanton acts
or omissions, except as provided by Section 304.154 RSMo.
3.
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.
J.
Responsibility Upon Towing Of Vehicle.
1.
Upon the towing of any vehicle pursuant to this Section, law
enforcement 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 Village
shall submit a report to the Missouri Director of Revenue within five
(5) working days of the towing of the vehicle. Such report shall include
the following:
a.
The year, model, make and vehicle identification number of the
vehicle;
b.
A description of any damage to the vehicle noted by the Law
Enforcement Officer;
c.
The license number;
d.
The storage location of the towed vehicle;
e.
The name and address of the tower;
f.
The date of the authorization to tow the vehicle; and
g.
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.
2.
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 upon payment of all reasonable charges for the towing
and storage of the vehicle.
K.
Any person who removes a motor vehicle at the direction of the Village
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 law enforcement to
make an 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 supplied by the use of a form
designed and provided by the Missouri Director of Revenue;
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 Missouri 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 or a conformed or photostatic copy of the Department's
written report authorizing the tow;
b.
An affidavit of the lienholder in possession that he 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 Subsection(K)(2) of
this Section;
d.
An inspection certificate shall be completed by the Village
on a form provided by the Missouri Department of Revenue. If the officer
who authorized the tow is not available to inspect the vehicle and
complete the certificate, the Village 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;
e.
Any fee as provided by State Statute.
4.
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 or 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 this section before a certificate of
ownership is issued.
5.
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 Department's authorization to tow, copies of all correspondence
with the Missouri Department of Revenue concerning the vehicle, and
information concerning the final disposition of the possession of
the vehicle.
6.
Personal property found within a vehicle, except items affixed
to the vehicle, shall be considered and treated as lost property.
7.
Any other provision of this Section notwithstanding, when the
Department sells an abandoned vehicle in accordance with the terms
of this Section, the Village may transfer ownership by means of a
bill of sale signed by the Village Clerk or Deputy and sealed with
the official village 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 Section
301.218 or 301.251, RSMo., or for any other person. Any dealer or
other person purchasing such a vehicle from the Village shall apply
within thirty (30) days of purchase for a certificate of ownership
as provided in Section 301.190, RSMo., or for a junking certificate
as provided in Section 301.227, RSMo.
L.
The owner of any vehicle seized under the provisions of this Section
may redeem the vehicle at any time during the normal business hours
after the vehicle removal, but prior to the sale or destruction of
the vehicle upon proof of ownership and payment to the Village of
such sum as may be determined and fixed by the Village Clerk for the
actual and reasonable expense of removal, storage, and advertising
expenses, if any.
M.
Warrants May Be Issued, When.
1.
The Village Municipal Judge or a judge of the Municipal Court
of St. Louis County shall have the authority to issue warrants for:
a.
Searches or inspections to determine the existence of violations
of any ordinance whose violation is punishable by fine or jail or
both;
b.
Seizure of items of personal property, materials, or substances
that constitute evidence of violation of any Village ordinance; and
c.
Entry onto private property in the Village for the purpose of
abating a public nuisance pursuant to any Village ordinance.
2.
Warrants, searches, inspections, entries and seizures made pursuant
to this section shall conform to and be governed by the following
provisions:
a.
Any Police Officer or designee of the Village may apply for
the issuance of a warrant;
b.
The application shall:
(1)
Be in writing;
(2)
State the time and date of the making of the application;
(3)
Identify the property or places to be searched,
the items of personal property, materials or substances to be seized
or the public nuisance which is to be abated, in sufficient detail
and particularity that the officer or other authorized Village official
executing the warrant can readily ascertain it;
(4)
State facts sufficient to show probable cause for
the issuance of a warrant;
(5)
Be verified by the oath or affirmation of the applicant;
and
(6)
Be accompanied by an affidavit alleging facts which
establish probable cause for the issuance of the requested warrant.
c.
The Judge shall hold a non-adversary hearing to determine whether
sufficient facts have been stated to justify the issuance of a warrant.
If it appears from the application and any supporting affidavits that
there is probable cause to inspect or search for violations of any
specified provision of the Village's ordinances or to seize items
or to abate a public nuisance, a warrant shall immediately be issued
to search for such violations or to seize such items or to abate such
public nuisance. The warrant shall be issued in the form of an original
and two (2) copies.
d.
The application and any supporting affidavits and a copy of
the warrant shall be retained in the records of the Village Court.
e.
The warrant shall:
(1)
Be in writing and in the name of the issuing authority;
(2)
Be directed to any police officer or in the case
of a warrant to seize or abate a public nuisance then, to an authorized
Village official or his or her designee;
(3)
State the time and date the warrant is issued;
(4)
Identify the property or places to be searched
or seized or the public nuisance to be abated in sufficient detail
and particularity that the person(s) executing the warrant can readily
ascertain it;
(5)
Command that the described property or places be
searched or seized or that the public nuisance be abated and that
any of the described property or materials or photographs of violations
found thereon or therein be brought, within ten (10) days after filing
of the application, to the judge who issued the warrant, to be dealt
with according to law; and
(6)
Be signed by the Judge, with his or her title of
office indicated.
f.
A warrant issued under this section may be executed only by
a Police Officer or by a Village official or his or her designee.
g.
A warrant shall be executed as soon as practicable and shall
expire if it is not executed and the return made within ten (10) days
after the date of the making of the application.
h.
After execution of the warrant, the warrant, with a return thereon
signed by the person making the search or seizure or performing the
abatement, shall be delivered to the Judge who issued the warrant.
The return shall show the date and manner of execution, what was seized
or abated and the name of the possessor and of the owner of the property
or places searched, seized, or abated, when he is not the same person,
if known.
i.
Searches, seizures and abatements shall be conducted in a reasonable
manner. The person conducting same shall give to the owner or possessor
of the property if present a copy of the warrant and an itemized receipt
of any property seized or abated. If no owner or possessor is present,
the person executing the warrant shall leave the copy and receipt
at the site of the search, seizure or abatement.
3.
A warrant shall be deemed invalid:
a.
If it was not issued by the Village's Municipal Judge or a Judge
of the Municipal Court of St. Louis County; or
b.
If it was issued without a written application having been filed
and verified; or
c.
If it was issued without probable cause; or
d.
If it was not issued with respect to property or places within
the jurisdiction of the Chapter on which the ordinance violation or
nuisance abatement was based;
e.
If it does not describe the property or places to be searched
or seized or abated with sufficient certainty; or
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date upon
which the application therefor was made.
