[Ord. No. 7610, § 2, 12-18-1986[1]]
No person shall permit, cause, keep, maintain or create any
nuisance, as defined by the laws of the state, this Code or other
ordinances of the City, within the City limits.
[1]
Editor's Note: This ordinance repealed former Ch. 16 and enacted a new Ch. 16 to read as set out herein in Art. I. Former Ch. 16 contained §§ 16-1 through 16-8, 16-20 through 16-25, and derived from Gen. Ords. 1959, §§ 31.08-31.11(a), (b), (d), 12, and the following ordinances: Ord. No. 5707, § 1, 6-13-1974; Ord. No. 5874, § 1, 10-2-1975; Ord. No. 6941, § 1, 9-16-1982; Ord. No. 6958, §§ 1-2, 11-4-1982; Ord. No. 6959, §§ 1-3, 11-4-1982; Ord. No. 7114, § 1, 10-20-1983; Ord. No. 7471, § 1, 2-6-1986; Ord. No. 7499, § 1, 3-13-1986.
[Ord. No. 7610, § 2, 12-18-1986; Ord. No. 7730, § 1, 1-7-1988; Ord. No. 8976, §§ 1-2, 11-16-2000; Ord. No. 9239, § 1, 3-20-2003; Ord. No. 10542, 12-20-2018]
In addition to any other act declared to be a nuisance by Missouri
law, this Code or other ordinances of the City, nuisances are hereby
defined and declared to be as follows:
(a)
Any pond or pool of stagnant water upon any premises. Stagnant water
shall be any accumulation found in an improperly drained pool, pond,
or collector that has not dispersed within five days.
(b)
Any foul or dirty water or liquid when discharged through any drain,
pipe or spout, or thrown into or upon any street, thoroughfare or
premises to the injury or hazard of the public.
(c)
Any carcass of a dead animal which the owner or keeper thereof permits
to remain within the limits of this City for more than 24 hours after
death.
(d)
Trees, shrubbery, bushes, or vegetation on private property, including easements, and public trees as defined in Chapter 24 shall be trimmed as specified below to prevent obstruction of the view and movements of vehicles and pedestrians:
(1)
A vertical clearance of at least seven feet above any paved sidewalk,
walkway, or public right-of-way used by the public as indicated by
a worn path, or a walkway on a public easement.
(2)
A vertical clearance of at least 12 feet beyond the edge of the street
and 14 feet above the center of any traffic lane.
(3)
To provide a clear line of sight for at least 75 feet on the approach
side for all street traffic signals or traffic control postings.
(4)
To provide a visually clear triangular space at street intersections,
determined by a diagonal line connecting two points measured 25 feet
equidistant from the intersection of the edge of the intersecting
streets.
(5)
To provide easy and clear visibility, operation, and use of a fire
hydrant or other utility or structure.
(6)
Any tree, limbs, or shrubs which are hazardous or injurious to the
public.
[Ord. No. 10775, 10-6-2022]
(e)
Any obstruction, including dirt, mud, snow, ice or filth, caused
or permitted on any sidewalk to the danger of the public. Any stones,
dirt, garbage, filth, vegetable matter or other articles allowed to
remain on or in any street, alley, sidewalk or other public place
or on any public premises. (As used herein, "public premises" includes
any area open to the general public either privately or publicly owned.)
(f)
Any stable, animal pen, poultry yard or coop permitted to be in such
condition as to become offensive or injurious to the public.
(g)
Any cellar, vault, private drain, pool, privy, sewer, cistern or
sinkhole upon any premises permitted to become foul, offensive, hazardous
or injurious to the public health.
(h)
Leghold traps placed outdoors on public or private property for the
capture of animals.
(i)
Any weeds on private property over seven inches in height. As used
herein, the term "private property" includes property owned privately
but subject to a public easement, including dedicated street rights-of-way.
(j)
Any vegetation on private property at any location whatsoever when
such vegetation by direct contact or by proximity thereto can cause
irritation or lesion to the skin of any person.
(k)
Any area which is not covered by lawn or vegetation and not treated
to prevent dust or the blowing and scattering of dust particles into
the air. Any altered surface of the ground which would be liable to
deposit mud or harmful silt, or create erosion or damage on public
property.
(l)
Any litter allowed to remain longer than one week on any occupied
private property or any open or vacant private property within the
City. As used herein, the term "litter" includes garbage, trash, refuse,
junk, tree limbs or other putrescible or nonputrescible solid waste.
(m)
Any substance, vegetable or mineral, which emits an offensive, noxious,
putrid or unhealthy odor in the neighborhood.
(n)
Each act or thing done or made, permitted, allowed or continued on
any property, public or private, by any person or corporation, their
agents or servants to the damage or injury of any of the inhabitants
of this City, and not hereinbefore specified.
(o)
Any lot or land if it has the presence of debris of any kind, including,
but not limited to, weed cuttings, cut and fallen trees and shrubs,
overgrown vegetation and noxious weeds that are seven inches or more
in height, rubbish and trash, lumber not piled or stacked 12 inches
off of the ground, rocks or bricks, tin, steel, parts of derelict
cars or trucks, broken furniture, any flammable material that may
endanger public safety, or any material which is unhealthy or unsafe
and declared to be a public nuisance.
(p)
Stagnant water and all items containing stagnant water. All stagnant
water and items containing stagnant water which can serve as a breeding
ground for mosquitoes are hereby declared to be a public nuisance.
This includes, but is not limited to, bottles, cans, tires, buckets,
birdbaths, clogged gutters or any other places or objects containing
stagnant water. This subsection shall not apply to ditches, drainageways,
detention basins, lakes, streams and natural land formations where
water may collect, nor apply to treated water such as swimming pools.
"Stagnant water" is defined for this subsection as water which is
not moving, or not flowing, or is motionless; and may become foul,
stale or promote the breeding of mosquitoes.
(q)
Any water discharge causing dirt, mud, ice or filth, caused or permitted
on any private sidewalk, driveway, or patio creating a hazard to users
of the premises.
[Ord. No. 10546, 1-3-2019]
[Ord. No. 7610, § 2, 12-18-1986]
It is an offense against this Code for any person to create,
maintain, keep or permit a nuisance as defined by this Code or to
fail to abate a nuisance after having received a notice issued pursuant
to this article to abate the nuisance.
[Ord. No. 7610, § 2, 12-18-1986]
The Director of Public Services or authorized representative,
the Chief of Police and policemen of the City are hereby authorized
to enter into or upon any premises within this City where there is
reason to suspect the existence of any nuisance as defined herein.
[Ord. No. 7610, § 2, 12-18-1986]
The Director of Public Services or authorized representative
is hereby empowered to abate any nuisance as defined herein, either
by filling up, draining, cleaning, purifying, discontinuing or removing
such nuisance.
[Ord. No. 8825, § 1, 6-3-1999; Ord. No. 8950, § 1, 9-7-2000]
(a)
Whenever a nuisance is determined to exist, as defined in this article,
the owner of the ground, or owners in the case of joint tenants, tenants
by the entirety or tenants in common, shall be liable.
(b)
The Director of Public Services or authorized representative may
order abatement of a nuisance, and in such case shall give at least
10 days' notice to abate the nuisance, either personally or by United
States mail to the owner or owners, or his agents or their agents,
or by posting such notice on the premises. A hearing before the Director
of Public Services may be required by the owner or owners of the grounds
within five days of the notice.
(c)
If such a hearing is requested, the owner or agent shall arrange
for it before the Director of Public Services within five working
days at the Kirkwood City Hall during normal business hours.
(d)
If at such a hearing, the Director of Public Services determines
that a nuisance exists, the Director of Public Services shall order
the same to be abated within five days.
(e)
If the nuisance is not abated within the notice period, or within
five days after a hearing, the Director of Public Services or authorized
representative may have the nuisance abated and shall certify the
cost of same. A bill will be prepared for the cost of the work, including
applicable overhead charges, but in no event shall the cost be less
than $200. If this bill is not paid within 30 days from the date thereon,
a special tax bill will be prepared and collected by the collector
with other taxes assessed against the property, or the charge shall
be added to the annual real estate tax bill at the discretion of the
City.
(f)
The special tax bill from the date of its issuance shall be a first
lien on the property until paid and shall be prima facie evidence
of the recitals therein and of its validity and no mere clerical error,
or informality in the same or in the proceedings leading up to the
issuance shall be a defense thereto. Each special tax bill shall be
issued by the City Clerk and delivered to the Collector on or before
the first day of June of each year. Such tax bills, if not paid when
due, shall bear interest in accordance with the rate established by
state statute.
(g)
If the charge is to be added to the annual real estate tax bill for
the property, the cost shall be certified by the City Clerk and forwarded
to the St. Louis County Collector to be assigned to the real estate
tax bill.
As used in this article, 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 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 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 who or which tows, removes or stores
abandoned property.
(a)
A person
commits the offense of abandoning a vehicle, vessel, or trailer if
he or she knowingly abandons any vehicle, vessel, or trailer:
(1)
On
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. (RSMo. § 577.080,
2008, 2014 effective 1-1-2017)
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.
(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 § 16-9 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of § 16-10. 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 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 17 inches by 22 inches in size, with lettering
not less than one 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 residential
units or less and the owner, lessee or agent of the real property
in lawful possession has notified the City Police Department, and
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 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 the 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 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 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
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. (RSMo. § 304.155, 2004)
(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 article.
(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 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 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 times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this section.
(a)
Payment of charges. The owner of abandoned property removed as provided in this article shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in § 14-121 of the City of Kirkwood Code of Ordinances.
(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 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 article 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 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 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's license information.
(g)
Petition In Circuit Court. The owner of the abandoned property removed pursuant to this article or any person claiming a lien, other than the towing company, within 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 article
shall be made in writing within five 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 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 article 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 which has complied with the notification
provisions in Section 304.156, RSMo., including notice that any property
remaining unredeemed after 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 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 weeks of the date of such sale.
The towing company shall keep a record of each such vehicle sold for
destruction for three years, which 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 article. 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.
