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 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 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 City, including the City 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 City shall perform such tow pursuant to the terms of Section 217.050. When a City 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 City 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
City 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
City 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 City 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 City 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 City Police Department pursuant to Subsection (B) of this Section shall deliver a copy of the abandoned property report to the City 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 City 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 City 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 City 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 City 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 City 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 City 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,
City 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.
