[CC 2010 § 14.705; Ord. No. 739, 5-25-2011]
It shall be the policy of the City of Sturgeon, Missouri, to
impound motor vehicles which are being operated in a particularly
dangerous fashion, so as to make the streets and byways safer for
the law-abiding citizens, to the end that motor vehicles that are
operated in the City are properly licensed, registered, driven by
legal drivers, insured, and not under the control of persons who are
intoxicated.
[CC 2010 § 14.710; Ord. No. 739, 5-25-2011]
A.
Any Police Officer of the City of Sturgeon, Missouri, is hereby directed
to impound and retain custody of any motor vehicle in accordance with
the provisions of this Chapter when such motor vehicle:
1.
Is being operated by an individual who does not have a driver's
license issued by the State, territory or nation in which the individual
resides, and which license is recognized by Missouri by reciprocity
or other requirements.
2.
Is being operated while improperly registered (that is, the
current owner is not the person shown on the certificate of title).
3.
Is being operated while not properly licensed (that is, that
the license plate on the vehicle has been issued for a different vehicle,
to a different owner, or otherwise is not properly registered).
4.
Is being operated without the required insurance coverage as
provided in the ordinances of the City of Sturgeon and the laws of
the State of Missouri.
5.
Is being operated by someone who is intoxicated.
6.
Is being operated by a person under the age of twenty-one (21)
years who has in his/her possession alcoholic beverages.
7.
Is parked in violation of the City parking regulations in such
a way that two-way traffic is impeded, or in such a way as to obstruct
a City fire truck or other emergency vehicle from being operated on
the street.
8.
Has been continuously parked on any public street longer than
seventy-two (72) hours.
[CC 2010 § 14.715]
Upon impoundment of the motor vehicle, the City Police Officer
shall provide notice to each of the occupants of the motor vehicle
in the form of "Notice of Impoundment of Vehicle" which is set out
as Appendix A to this Chapter.[1]
[1]
Editor's Note: Appendix A is on file in the City offices.
[CC 2010 § 14.720]
If a license check or registration check on the motor vehicle
performed through the MULES system or other computerized source reveals
that the motor vehicle is shown as being owned by someone other than
one (1) of the occupants of the motor vehicle, or if the Police have
the knowledge or belief that the vehicle is owned or habitually found
at the residence of a particular individual not an occupant of the
vehicle, within two (2) hours of the impoundment, the Police shall
attempt a telephone notice to the individual. Such notice shall consist
of a brief explanation of the impoundment of the vehicle by the Police
Department, and a reading of the printed notice provided in the preceding
Section. In addition, a copy of the notice read to the individual
shall be mailed to the individual, postage prepaid, through the United
States mail. The Police shall record the names of the persons contacted
by telephone, the date and time of such contact, and shall retain
a copy of the mailed notice.
[CC 2010 § 14.725; Ord. No. 739, 5-25-2011]
Any person who claims to have any interest in the motor vehicle
is entitled to an immediate hearing. The hearing shall be formal or
informal, depending upon the request of the individual. In the absence
of a specific request, informal hearings shall be conducted. If a
formal hearing is requested, it will be scheduled to be conducted
by the Municipal Court of Sturgeon, Missouri, and such hearing shall
normally be scheduled for the next scheduled court date of the Municipal
Court. However, if any applicant desires an earlier hearing, the appropriate
official shall schedule the hearing within twenty-four (24) hours
of the request.
[CC 2010 § 14.730; Ord. No. 739, 5-25-2011]
A.
An informal hearing can be had before any officer of the Sturgeon
Police Department; the City Clerk or any City Official at a time when
that person is regularly on duty. If a person chooses to have a hearing
before the City Clerk or the Mayor, he/she must wait until that individual
is scheduled for work.
B.
An immediate hearing is an opportunity for the applicant to explain
why he/she feels that the motor vehicle was improperly taken. If the
applicant can demonstrate that, in fact, the computer system was in
error or that the City has improperly obtained the car (that the driver
was, in fact, licensed to drive; that the car was, in fact, properly
registered, properly licensed, properly insured; or that the operator
was not intoxicated or a minor in possession of intoxicants) the informal
hearing officer shall immediately release the motor vehicle to the
owner thereof, and there shall be no charges for an impoundment fee,
no daily storage charges, and the City of Sturgeon, Missouri, shall
pay to the owner thereof the sum of fifty dollars ($50.00) as compensation
for the improper seizure of the vehicle.
[CC 2010 § 14.735]
Any person desiring an immediate formal hearing shall make a request. The request shall be directed to any of the informal hearing officers mentioned in the preceding Section 390.060. The informal hearing officer shall arrange for the Municipal Court to hear the matter at a time convenient for the applicant and, if the applicant demands, within twenty-four (24) hours of the request. If, for any reason, the formal hearing cannot be scheduled within twenty-four (24) hours of the request, the City shall return the motor vehicle to the registered owner, pending a later hearing. If the vehicle is returned and at a later hearing the applicant is unable to demonstrate that the motor vehicle has been impounded improperly, the Municipal Court may direct the Police to reimpound the vehicle.
[CC 2010 § 14.740]
If the motor vehicle has been impounded because the vehicle
has been operated by an individual who did not have a valid driver's
license, the vehicle shall be returned to the proper owner upon the
owner executing a written affidavit that the owner did not know of
the unlicensed status of the driver. However, this release to the
innocent owner shall be permitted only one (1) time per year. The
owner of the motor vehicle shall, at the same time that he/she executes
the affidavit, be informed that it is his/her responsibility, when
releasing an automobile to another person, to determine that the proposed
operator of the vehicle is, in fact, licensed. If the hearing officer
believes that the operation of the motor vehicle by the unlicensed
driver was without the permission of the owner of the vehicle (i.e.,
that the vehicle was stolen, or that a permitted driver in turn permitted
a third party to operate the vehicle) the motor vehicle will be returned
to the owner without regard to the preparation of such affidavit,
and even if a previous affidavit has been prepared. However, upon
returning vehicle to the owner after it has been operated by an unlicensed
driver, the owner will be required to pay the fees imposed.
[CC 2010 § 14.745]
If a motor vehicle is operated by a driver who is intoxicated, or a minor in possession of alcohol, said motor vehicle shall be returned to the owner thereof upon request and without payment of any fees other than the daily storage fee, if the owner appears and demonstrates that he/she is sober and able to operate the motor vehicle in a legal fashion. However, upon returning the vehicle to the owner after it has been operated by an unlicensed driver, the owner will be required to pay the fees imposed by Section 390.080.
[CC 2010 § 14.750]
At the time the motor vehicle is impounded, the impounding officer shall schedule a hearing of a formal nature in the Municipal Court, on the next regularly scheduled court date that is available for such hearings. If any summonses are given to any persons charging any persons with violating any ordinances of the City, this second formal hearing shall be scheduled at the same time as the ordinance violation charge. The date and time of the formal hearing (which will be scheduled even without a request from any person) shall be indicated on the notice described in Section 390.030 above. In addition to the formal hearing, any person shall have the right to request a second, third, or subsequent informal hearing.
[CC 2010 § 14.755]
Subsequent informal hearings can be had before the same persons described in Section 390.060 above. The focus on these hearings shall not be only on the propriety of the original impoundment, but, upon release of the vehicle once the reason for the impoundment no longer exists (that is, motor vehicle was originally impounded because it did not have insurance), the second informal hearing shall be available any time upon request, and if the owner of the vehicle demonstrates that the vehicle now is insured, that same shall be released to that owner, provided that the owner first pays the fees as described below in Section 390.130.
[CC 2010 § 14.760]
When a motor vehicle is impounded, the City Police Officer is
authorized to take the keys and to drive the vehicle to the impoundment
lot. If the driver objects to the Police Officer operating the motor
vehicle, then the Police are authorized to lock the vehicle where
it is and leave it unattended until such time as a tow vehicle can
come and tow the impounded vehicle to the impound yard.
[CC 2010 § 14.765]
A.
If the motor vehicle has been impounded improperly, there shall be
no fees charged, and the applicant shall be paid the sum of fifty
dollars ($50.00) by the City as compensation for the inconvenience
associated with the impoundment. If, on the other hand, the motor
vehicle has been properly impounded, the following fees will be due
and payable before the vehicle is released:
[CC 2010 § 14.770]
If no person has inquired about the return of the motor vehicle
by the time of the scheduled Municipal Court hearing, and if at said
hearing the City demonstrates that it had cause for the impoundment
of the vehicle, and if no application is made for the return of the
vehicle during that hearing, the Municipal Court may order that the
motor vehicle be sold, either to a junk yard or at public sale. The
Municipal Court shall authorize the Police Officer to execute the
necessary bill of sale and other documents that are required by the
Missouri Department of Revenue in order to transfer said title to
the purchaser thereof.
[CC 2010 § 14.775]
Whenever any act is prohibited by this Code, by an amendment
thereof, or by any rule or regulation adopted thereunder, such prohibition
shall extend to and include the causing, securing, aiding, or abetting
of another person to do said act. Whenever any act is prohibited by
this Code, an attempt to do the act is likewise prohibited.
