[R.O. 2013 §13-16; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any motor vehicle, boat, trailer, travel trailer, or part
thereof, situated on property or upon any street or highway, and
Which does not have displayed thereon a permanent license plate
or set of plates issued for that vehicle indicating current registration;
or
For which no arrangements have been made for its storage with
the owner or occupant of the premises on which it is located; or
The owner of which has indicated by his/her words or actions
his/her intent to leave the vehicle and no longer claims ownership
thereof.
Any partially dismantled, non-operating, wrecked, or junked
motor vehicle.
Includes all vehicles, or any part thereof, designed or constructed
to be propelled otherwise than by human power, and includes any such
vehicle whether or not by reason of its present condition it is still
capable of self-propulsion.
Any real property within the City which is not a street or
highway.
The entire width between the boundary lines of any way, any
part of which is open to the use of the public for purposes of vehicular
traffic.
Includes any habitable vehicle incapable of self-propulsion,
pulled by a motor vehicle.
[R.O. 2013 §13-17; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
No person shall leave any abandoned or derelict vehicle on public
or private property within the City.
[R.O. 2013 §13-18; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
A.
No
person shall leave upon any street or highway in the City any derelict
vehicle or any motor vehicle which does not have displayed thereon
a permanent license plate or set of plates issued for that vehicle
and indicating current registration.
B.
Whenever
any derelict vehicle or motor vehicle which does not have displayed
thereon a permanent license plate or set of plates issued for that
vehicle and indicating current registration has remained on any street
or highway in the City for a period longer than forty-eight (48) hours,
the vehicle may be removed by or under the direction of a member of
the Police Department.
C.
Vehicles
that are in violation of this Section shall be tagged by a member
of the Police Department with a notice citing that such vehicle is
in violation of the provisions of this Chapter and subject to towing
after forty-eight (48) hours of the posting of said notice.
[R.O. 2013 §13-19; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
No person shall store or allow any abandoned or derelict vehicle
to remain on property in the City which is owned, occupied, or managed
by such person.
[R.O. 2013 §13-20; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999; Ord. No. 6.17 (Bill No. 2463) §1, 4-21-2011]
A.
Whenever
a member of the Police Department is notified or observes that an
abandoned or derelict vehicle is located upon property within the
City, written notice shall be given to the owner or occupant, if other
than the owner, of the property to remove the abandoned or derelict
vehicle within fourteen (14) days.
B.
Written
notice may be either delivered in person or forwarded by United States
mail, postage pre-paid to the owner or occupant, delivery by mail
will be presumed, absent rebuttal, on the third (3rd) day following
the mailing of the notice. Refusal to accept or obtain this notice
does not negate the owner or occupant of responsibility to comply
with the provisions of this Chapter.
C.
In
addition to the written notice contained in this Section, abandoned
and derelict vehicles shall be tagged by a member of the Police Department,
citing that such vehicle is in violation of the provisions of this
Chapter and is subject to towing after fourteen (14) days of the posting
of said notice. In the event that the vehicle in question has not
been brought into compliance with the provisions of this Chapter within
the allotted time period, said vehicle shall be subject to towing
without further notice.
[R.O. 2013 §13-21; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
If an abandoned or derelict vehicle has not been removed by the 15th day following the personal service of notice to the owner or occupant as prescribed in Section 385.050, the Police Department is authorized to arrange for its prompt removal on behalf of the City. (This is only performed if it complies with State law.) Such action by the Police Department shall not provide a defense or excuse to the person owning, occupying, or managing such property for failure to comply with any of the provisions of this Chapter.
[R.O. 2013 §13-22; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
A.
No
person shall deny access to a member of the Police Department or any
authorized agent of the City to any property upon which is located
an abandoned or derelict vehicle.
B.
No
person shall interfere with any member of the Police Department or
any authorized agent of the City engaged in the removal of an abandoned
or derelict vehicle.
[R.O. 2013 §13-23; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
When the presence of a motor vehicle on public property, private
property, or on a street or highway shall be an immediate hazard to
the health, safety, or welfare of any person, the Police Department
may without any notice cause the motor vehicle to be removed.
[R.O. 2013 §13-24 Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999; Ord. No. 6.17 (Bill No. 1939) §1, 12-5-2002]
A.
The
exceptions to this Chapter are as follows:
1.
The storage of derelict vehicles in a completely enclosed building;
2.
The storage of motor vehicles not displaying a permanent license
plate or set of plates by motor vehicle dealers registered as such
by the Department of Revenue of the State of Missouri in a completely
enclosed building;
3.
The keeping of any vehicle in temporary disrepair for the purpose
of repairs by any automobile repair shop or motor vehicle dealer licensed
as such by the City, provided such vehicle is kept no more than sixty
(60) days and is not an abandoned vehicle;
4.
Nothing in this Chapter shall be deemed to prohibit the owner of
a vehicle from making repairs to his/her own vehicle provided that
such vehicle is located on the same property where said vehicle owner
resides and further provided that such repairs are completed within
a reasonable time, not to exceed fourteen (14) days;
5.
The storage of motor vehicles with damage or missing parts in an
outside storage facility, provided such vehicle is kept no more than
sixty (60) days and is not an abandoned vehicle;
6.
The storage of undamaged motor vehicles not displaying a permanent
license plate or set of plates in an outside storage facility.
[R.O. 2013 §13-25; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
A.
Whenever
a motor vehicle is removed from public or private property or from
a street or highway under the provisions of this Chapter, such motor
vehicle shall be conveyed by or under the immediate direction of a
member of the Police Department by means of towing or otherwise to
the police station or some other designated place of storage.
B.
Written
notice shall be either delivered in person or forwarded by certified
mail to the owner, if known, of the removal and right of the owner
to secure the return of the motor vehicle upon payment of costs of
removal and storage.
[R.O. 2013 §13-26; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
[R.O. 2013 §13-27; Ord. No. 6.17 (Bill No. 1769) §1, 8-5-1999]
A.
A designated
towing agent of the Police Department may obtain a salvage certificate
of title or a junking certificate on abandoned property by submitting
the required documents outlined below without having to submit proof
of authorization to tow from law enforcement. Any salvage certificates
of title will be branded "Salvage/Abandoned Property."
1.
A properly completed title application in the towing company's name
(lienholder) and signed by an authorized agent for the towing company:
2.
An abandoned property affidavit, DOR-4576, explaining the circumstances
by which the abandoned property came into the applicant's possession.
3.
An identification number and abandoned vehicle inspection, DOR-2763,
completed in full and signed by an authorized Law Enforcement Officer.
4.
A copy of the thirty-day notice sent by certified mail to any owner
and lienholder of record for the abandoned property. The vehicle owner
and lienholder notification, DOR-4577, may be used for this purpose.
5.
A copy of the certified mail receipts at least thirty (30) days old
indicating the owner and lienholder of record, if applicable, have
received the notice as required by law
