[Ord. No. 1565, 10-5-2020]
As used in this Article, the following terms shall have the
meanings set out herein:
Any unattended 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 (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.
An area with a population of fifty thousand (50,000) or more
designated by the Bureau of the Census within boundaries to be fixed
by the State Highways and Transportation Commission and local officials
in cooperation with each other and approved by the Secretary of Transportation.
The boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designed by the Bureau of the Census.
[Ord. No. 1565, 10-5-2020]
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.
[Ord. No. 1565, 10-5-2020]
The open storage of inoperable 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.
[Ord. No. 1565, 10-5-2020]
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.
Any person who fails to comply with the requirements of this Section
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 fifty dollars ($50.00).
[Ord. No. 1565, 10-5-2020]
A.
Any Law Enforcement Officer, or an official of the
City where the City's real property is concerned, may authorize
a towing company to remove to a place of safety:
1.
Any abandoned property on the right-of-way
of:
a.
Any interstate highway or freeway in an urbanized
area of the City left unattended for ten (10) hours, or immediately
if a Law Enforcement Officer determines that the abandoned property
is a serious hazard to other motorists;
b.
Any interstate highway or freeway outside
of an urbanized area of the City left unattended for twenty-four (24)
hours, or after four (4) hours if a Law Enforcement Officer determines
that the abandoned property is a serious hazard to other motorists;
c.
Any State highway other than an interstate
highway or freeway outside of an urbanized area, left unattended for
more than twenty-four (24) hours; provided that commercial motor vehicles
referred to in Subparagraphs (a — c) not hauling waste designated
as hazardous under 49 U.S.C. 5103(a) may only be removed under this
Section to a place of safety until the owner or owner's representative
has had a reasonable opportunity to contact a towing company of choice;
or
d.
Any State highway, other than an interstate
highway or freeway in an urbanized area, left unattended for more
than ten (10) hours.
2.
Any unattended abandoned property illegally
left standing upon any highway or bridge if the abandoned property
is left in a position or under such circumstances as to obstruct the
normal movement of traffic where there is no reasonable indication
that the person in control of the property is arranging for its immediate
control or removal.
3.
Any abandoned property which has been abandoned under Section 215.030 herein or Section 577.080, RSMo.
4.
Any abandoned property which has been reported
as stolen or taken without consent of the owner.
5.
Any abandoned property for which the person
operating such property is arrested for an alleged offense for which
the officer takes the person into custody and where such person is
unable to arrange for the property's timely removal.
6.
Any abandoned property which due to any other
State law or City ordinance is subject to towing because of the owner's
outstanding traffic or parking violations.
7.
Any abandoned property left unattended in
violation of a State law or City ordinance where signs have been posted
giving notice of the law or where the violation causes a safety hazard.
8.
Any abandoned property illegally left standing
on the waters of this State as defined in Section 306.010, RSMo.,
where the abandoned property is obstructing the normal movement of
traffic, or where the abandoned property has been unattended for more
than ten (10) hours or is floating loose on the water.
9.
Any abandoned property for which the person
operating such property or vehicle eludes arrest for an alleged offense
for which the officer would have taken the offender into custody.
B.
When the City Police Department authorizes a tow pursuant
to this Section in which the abandoned property is moved from the
immediate vicinity, it shall complete a crime inquiry and inspection
report.
C.
Any City agency other than the City Police Department
authorizing a tow under this Section where property is towed away
from the immediate vicinity shall report the tow to the City Police
Department within two (2) hours of the tow, along with a crime inquiry
and inspection report.
[Ord. No. 1565, 10-5-2020]
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 Section 215.040 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 215.080. 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 (17)
by twenty-two (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 (24) 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 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 (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.
[Ord. No. 1565, 10-5-2020]
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 Section 215.100.
B.
Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 215.070 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 215.080, the City Police Department, where it authorized such towing or was properly notified by another governmental 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 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 City Police Department shall submit a crime
inquiry and inspection report to the Missouri Director of Revenue.
The City Police Department shall also provide one (1) copy of the
report to the storage facility and one (1) copy to the towing company.
A towing company in possession of abandoned property after ten (10)
working days shall report such fact to the City Police Department.
The crime inquiry and inspection report shall be designed by the Director
of Revenue and shall include the following:
1.
The year, model, make and property identification
number of the property and the owner and any lienholders, if known;
2.
A description of any damage to the property
noted by the Law Enforcement Officer authorizing the tow;
3.
The license plate or registration number and
the State of issuance, if available;
4.
The storage location of the towed property;
5.
The name, telephone number and address of
the towing company;
6.
The date, place and reason for the towing
of the abandoned property;
7.
The date of the inquiry of the National Crime
Information Center, any Statewide Missouri law enforcement computer
system, and any other similar system which has titling and registration
information to determine if the abandoned property had been stolen.
This information shall be entered only by the City Police Department;
8.
The signature and printed name of the Law
Enforcement Officer authorizing the tow;
9.
The name of the towing company, the signature
and printed name of the towing operator, and an indicator disclosing
whether the tower has online access to the department's records;
and
10.
Any additional information the Missouri
Director of Revenue deems appropriate.
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
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 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 of 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 Article 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. Notice as to the removal of any abandoned
property pursuant to this Article 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:
1.
The public agency authorizing the removal;
or
2.
The towing company, where authorization was
made by an owner or lessee of real property.
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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.
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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 Article shall accept cash for payment of towing and storage
by a registered owner or the owner's agent claiming the abandoned
property
[Ord. No. 1565, 10-5-2020]
A.
A towing company may only assess reasonable storage
charges for abandoned property 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
Article.
B.
The Board of Aldermen 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 City and which are consistent with this Article and with Sections 304.155 to 304.158, RSMo. Any violation of said established maximum charges shall be deemed a violation of this Section of the Code and shall be punishable pursuant to Section 100.220.
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 abandoned
property at the request of the owner of private real property or that
owner's agent pursuant to this Article if the owner of the abandoned
property or the owner's agent returns to the abandoned property
before it is removed from the private real property. The regular towing
charge may only be imposed after the abandoned property has been removed
from the property and is in transit.
[Ord. No. 1565, 10-5-2020]
When the City has physical possession of the abandoned property,
it may sell the abandoned property in accordance with its established
provisions and regulations and may transfer ownership by means of
a bill of sale signed by the City Clerk and sealed with the official
City 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.
