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.
A.
Generally. The City, including the City Police Department, may tow motor vehicles from real property which are deemed a public safety hazard 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 390.050.
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.
