Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel whether or not operational, within the City
of Wright City, situated, parked, kept, or stored upon any public
or private property, that is removed or subject to removal pursuant
to the provisions of this Chapter or §§ 304.155 through
304.159, RSMo.
Any inoperative, unlicensed, partially or fully dismantled,
wrecked, or junked motor vehicle, trailer, all-terrain vehicle, or
vessel situated, parked, kept, or stored upon any private property,
with or without the consent of the property owner.
As used in this Chapter, Law Enforcement shall mean the Wright
City Police Department or any other law enforcement personnel lawfully
acting within the City of Wright City.
See § 300.010 of this Code.
The surface and space on, above, and below every municipal
street, alley, road, highway, lane, or similar area in which the City
has an ownership interest or right of management, and including such
adjacent areas within such public ways within the City control, except
as may be limited herein or by applicable law. "Right-of-way" shall
not include public property owned or leased by the City and not intended
for rights-of-way use including, but not limited to, City Hall property,
parks, or public works facilities.
The entire width of a road, street, highway, or alley, and
including all public right of way thereof, which is open to the public
for pedestrian or vehicular traffic.
A.
The presence of abandoned property or derelict vehicles, as those terms are defined in this Chapter shall be, and is hereby declared to be, unlawful within the City of Wright City subject to limited exemptions provided in this Chapter. Further, the presence of a derelict vehicle upon real property shall be considered and is hereby declared a public nuisance pursuant to Chapter 215 of the Municipal Code of the City of Wright City.
B.
Pursuant to the authority provided in Section 304.159, RSMo., the
City of Wright City does hereby determine and deem abandoned property
and derelict vehicles to constitute a public safety hazard and, as
such, prohibits the storage of abandoned property and/or derelict
vehicles within the City of Wright City. Nothing in this subsection
shall apply to a motor 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 motor 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 issued by the City of Wright City and the property
is in compliance with applicable zoning ordinances of the City of
Wright City.
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..
When the presence of abandoned property or one (1) or more derelict
vehicles within the City of Wright City constitutes, in the discretion
of Law Enforcement or a City of Wright City Official, an immediate
threat or hazard to the health, safety, or general welfare of any
person, such motor vehicle may be caused to be removed by Law Enforcement
without any notice to the vehicle or property owner to the nearest
garage or other place of safety that will abate such immediate threat
or hazard. Law Enforcement may engage a private hauling or towing
business to so remove such abandoned property or derelict vehicle(s).
A.
Any Law Enforcement towing or authorizing a tow pursuant to this
Chapter shall complete a crime inquiry and inspection report.
B.
Any Official of the City of Wright City authorizing a tow under this
Chapter where such abandoned property is towed away from the immediate
vicinity shall report the tow to the City of Wright City Police Department
within two (2) hours of the tow, along with a crime inquiry and inspection
report.
C.
Upon the towing of abandoned property or derelict vehicles pursuant
to this Chapter, Law Enforcement authorizing such towing, or which
was properly notified by another government agency of such towing
shall promptly make an inquiry with the National Crime Information
Center (NCIC) and any statewide Missouri law enforcement computer
system to determine if the abandoned property or derelict vehicle
has been reported as stolen and shall enter the information pertaining
to the towed property into the statewide law enforcement computer
system. If the abandoned property is not claimed within ten (10) working
days of the towing, the tower who has online access to the Department
of Revenue's records shall make an inquiry to determine the abandoned
property owner and lienholder, if any, of record. In the event that
the records of the Department of Revenue fail to disclose the name
of the owner or any lienholder of record, the tower shall comply with
the requirements of Subsection (3) of Section 304.156, RSMo. If the
tower does not have online access, the Law Enforcement shall submit
a crime inquiry and inspection report to the Director of Revenue.
Law Enforcement shall also provide one (1) copy of the report to the
storage facility and one (1) copy to the towing company. A towing
company that does not have online access to the Department of Revenue's
records and that is in possession of abandoned property after ten
(10) working days shall report such fact to Law Enforcement.
D.
Notice as to the removal of any abandoned property or derelict vehicle(s)
removed pursuant to this Chapter shall be made in writing within five
(5) working days to the registered owner and any lienholder, if such
owner and/or lienholder are known, of the fact of the removal, the
grounds for the removal, and the place to which the property has been
removed by either the public agency authorizing the removal, or the
towing company where authorization was made by an owner or lessee
or real property. If the abandoned property or derelict vehicle(s)
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 or derelict vehicle(s) at the time of removal.
A.
The owner, any verified legal representative of the owner, or the
verified holder of a valid security interest of record, of any abandoned
property or derelict vehicle removed pursuant to this Chapter may
reclaim it from the privately-operated garage or facility upon proof
of ownership or valid security interest of record and payment of all
reasonable charges for the towing and storage of such abandoned property
or derelict vehicle.
B.
It shall be unlawful, and is hereby declared to be a violation of
this Chapter, in addition to any associated violation of State or
Federal law, for any person to retrieve or take any abandoned property
or derelict vehicle removed pursuant to this Chapter without complete
payment of all incurred reasonable charges for the towing and storage
of such vehicle.
