[Ord. No. 2016-1203 § 1, 10-17-2016]
No person shall abandon any motor vehicle or trailer on the
right-of-way of any public road, State highway, other public property,
or private property. For purposes of this Chapter, "vehicle" includes
trailers and watercraft.
[Ord. No. 2016-1203 § 2, 10-17-2016]
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.
[Ord. No. 2016-1203 § 3, 10-17-2016]
A.
Any Law Enforcement Officer as defined by Section 556.061, RSMo.,
or an official of the Town where the Town's real property is
concerned, may authorize a towing company to remove to a place of
safety:
1.
Any abandoned vehicle on the right-of-way of:
a.
Any highway or street in the Town left unattended for ten (10)
hours, or, if a Law Enforcement Officer determines that the abandoned
vehicle is a serious hazard to other motorists, after four (4) hours;
(1)
Provided that commercial motor vehicles not hauling
waste designated as hazardous under 49 U.S.C. 5103(a) may only be
moved after the owner or their representative has had a reasonable
opportunity to contact a towing company of their choosing.
b.
Any highway or bridge if the abandoned vehicle obstructs the
normal movement of traffic and there is no indication immediate removal
of the abandoned vehicle is being arranged.
2.
Any abandoned vehicle that has been abandoned under this Chapter
or Section 577.080, RSMo.
3.
Any abandoned vehicle that has been reported as stolen or taken
without consent of the owner.
4.
Any abandoned vehicle where the person operating the vehicle
is arrested, taken into custody, and/or unable to arrange for timely
removal.
5.
Any abandoned vehicle where the owner has outstanding traffic/parking
violations related to any other State law or local ordinance.
6.
Any abandoned vehicle left unattended and is violating State
law or local ordinance, at which signs are posted giving notice of
the law or where the violation causes a safety hazard.
7.
Any abandoned vehicle left on Missouri waters where it is obstructing
the normal movement/traffic, is unattended for more than ten (10)
hours, or floating loose on the water.
8.
Any abandoned vehicle where the person operating such vehicle
eludes arrest for an alleged offense for which the officer would have
taken the offender into custody.
[Ord. No. 2016-1203 § 4, 10-17-2016]
A.
The Town may authorize the towing of motor vehicles from private
property for vehicles that are junk, scrapped, disassembled, or otherwise
harmful to the public health under local ordinance.
B.
Abandoned vehicles may be removed at the request of the owner, lessee,
or property/security manager of the private property when the abandoned
vehicle is on his/her property without consent by contacting any member
of law enforcement within his or her jurisdiction. Law enforcement
may authorize a towing company to remove the abandoned vehicle when:
1.
It is left unattended for more than forty-eight (48) hours;
2.
After four (4) hours if a law enforcement officer determines
that the abandoned vehicle is a serious hazard to other motorists;
or
3.
It is a safety hazard or interferes with the use of the private
property as determined by a law enforcement officer.
[Ord. No. 2016-1203 § 5, 10-17-2016]
A.
A completed and signed Crime Inquiry and Inspection Report/Authorization
to Tow ("Authorization"), which must include:
1.
The reason for the tow;
2.
The site from which the vehicle was towed; and
3.
The name of the authorizing agency.
a.
If the tow was law enforcement authorized due to an accident,
law enforcement must complete the Authorization within five (5) days
of the accident (if not completed at the time of the tow).
b.
Local law enforcement must submit the completed Authorization
to the Missouri State Highway Patrol or the Missouri State Water Patrol
within two (2) hours of the tow.
B.
The law enforcement agency that authorizes the tow or was properly
notified by a government agency of the tow must:
1.
Inquire with the National Crime Information Center (NCIC) and
the State law enforcement computer system to determine if the abandoned
vehicle was reported stolen;
2.
Enter the abandoned vehicle information in the Missouri Uniform
Law Enforcement System (MULES);
4.
A copy of the written notification must be given to the operator
of the storage facility in which the abandoned vehicle is stored.
C.
Tow companies with online access to the Department of Revenue's
records must check for owner and lienholder information when an abandoned
vehicle has not been claimed within ten (10) days of the tow.
1.
If an owner or lienholder cannot be located using the online
record lookup, the tow company must send a copy of the completed "No
Record" screen from the search and a copy of the Authorization to
the Department of Revenue.
2.
Any towing company in possession of an abandoned vehicle must
notify the appropriate law enforcement agency when the abandoned vehicle
remains unclaimed after ten (10) days.
D.
If the abandoned vehicle is not claimed after ten (10) days and the
tow company does not have access to online records, the law enforcement
agency must forward the Authorization to the Department.
E.
Any towing company that 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 as set forth in the
applicable State law, including Section 304.156, RSMo.
[Ord. No. 2016-1203 § 6, 10-17-2016]
A.
When present, the owner, lessee, or property/security manager of
the private property may authorize an abandoned vehicle be removed
without law enforcement authorization when parked in a restricted/assigned
area when:
1.
A sign (not less than seventeen (17) inches by twenty-two (22)
inches in size) is displayed in plain view of all entrances to the
property. The sign must:
a.
Contain lettering not less than one (1) inch in height;
b.
Prohibit public parking and indicate that unauthorized abandoned
vehicles will be removed at the owner's expense;
c.
Disclose the maximum fee for all charges related to towing and
storage; and
d.
Contain the telephone number of the local law enforcement agency
or to a 24-hour emergency hotline, which the owner of the abandoned
vehicle may call to receive information regarding the location of
the towed abandoned vehicle.
2.
The abandoned vehicle is left unattended on owner-occupied residential
property with four (4) residential units or less, the appropriate
law enforcement agency has been notified, and ten (10) hours have
elapsed since that notification; or
3.
The abandoned vehicle is left unattended on private property,
the appropriate law enforcement agency has been notified, and ninety-six
(96) hours has elapsed since that notification.
4.
A general agreement between a business/individual and a towing
company to tow vehicles at their discretion is not acceptable, except
in the case of an abandoned vehicle parked within fifteen (15) feet
of a fire hydrant or in a fire lane designated by the Fire Department
or the State Fire Marshall.
[Ord. No. 2016-1203 § 7, 10-17-2016]
A.
The owner, lessee, or property/security manager of private property
that requests an abandoned vehicle be towed (without law enforcement
authorization) must complete an Abandoned Property Report ("Report")
at the time of tow.
1.
The Report will be considered a legal declaration subject to
criminal penalty pursuant to Section 575.060, RSMo.
B.
A copy of the Report must be delivered to the jurisdictional law
enforcement agency from which the abandoned vehicle was towed within
two (2) hours if the tow was made from a location displaying a sign
(or delivered within twenty-four (24) hours of the tow if no sign
is displayed).
C.
A towing company with online access may inquire to determine the
owner and/or lienholder of an abandoned vehicle in order to send written
notification of the tow to both the owner and lienholder within five
(5) working days of the tow. The towing company must send written
notification of the tow to the registered owner and any lienholder,
which includes:
D.
A copy of the written notification described in Subsection (C) must be given to the operator of the storage facility in which the abandoned vehicle is stored.
F.
Any towing company without online access to the Department of Revenue's
records and in possession of an abandoned vehicle that remains unclaimed
after ten (10) days must notify the law enforcement agency by submitting:
1.
The Report. Upon receipt, law enforcement must:
a.
Inquire with NCIC and Statewide law enforcement computer system
to determine if an abandoned vehicle was reported stolen;
b.
Enter the abandoned vehicle information into MULES.
c.
Complete and sign the law enforcement section of the Report;
d.
Provide the tow company with a signed copy of the Report.
G.
If the abandoned vehicle is not claimed after ten (10) days and the
tow company does not have access to the Department of Revenue's
online records, the law enforcement agency must forward the Report
to the Department of Revenue.
H.
Any towing company that 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 as set forth in the
applicable State law, including Section 304.156, RSMo.
[Ord. No. 2016-1203 § 8, 10-17-2016]
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 this
Chapter.
[Ord. No. 2016-1203 § 9, 10-17-2016]
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.
[Ord. No. 2016-1203 § 10, 10-17-2016]
The owner of the abandoned vehicle 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 this Chapter may file a petition in the Associate
Circuit Court in the County where the abandoned vehicle is stored
to determine if the abandoned vehicle 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 vehicle 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 or Revenue.
[Ord. No. 2016-1203 § 11, 10-17-2016]
The towing company shall comply with all applicable State law,
and, after doing so, the abandoned vehicle remains unredeemed with
no satisfactory arrangements made with the towing company for continued
storage, the towing company may dispose of such abandoned vehicle
as permitted by the applicable Missouri statutes.
[Ord. No. 2016-1203 § 12, 10-17-2016]
A.
A towing company may only assess reasonable storage charges for abandoned
vehicles towed without the consent of the owner. Reasonable storage
charges shall not exceed the charges for vehicles which have been
towed with the consent of the owner on a negotiated basis. Storage
charges may be assessed only for the time in which the towing company
complies with the procedural requirements of this Chapter.
B.
The Town Council may from time to time establish maximum reasonable
towing, storage and other charges which can be imposed by towing and
storage companies operating within the Town and which are consistent
with this Chapter and applicable Missouri statutes. Any violation
of said established maximum charges shall be deemed a violation of
this Chapter.
C.
A towing company may impose a charge of not more than one-half (1/2)
of the regular towing charge for the towing of an abandoned vehicle
at the request of the owner of private real property pursuant to this
Chapter if the owner of the abandoned vehicle returns to the abandoned
vehicle before it is removed from the private real property. The regular
towing charge may only be imposed after the abandoned vehicle has
been removed from the property and is in transit.
[Ord. No. 2016-1203 § 13, 10-17-2016]
When the Town has physical possession of the abandoned vehicle,
it may sell the abandoned vehicle in accordance with its established
provisions and regulations and may transfer ownership by means of
a bill of sale signed by the Town Clerk and sealed with the official
Town 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.
[Ord. No. 2016-1203 § 14, 10-17-2016]
Any person who fails to comply with the requirements of this
Chapter 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 two hundred fifty dollars ($250.00).
