[Ord. No. 77.2021, 10-21-2021[2]]
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).
[1]
State Law Reference: For similar provisions, § 304.151, RSMo.
[2]
Editor's Note: Former Chapter 385, Abandoned Vehicles, containing Sections 385.010 through 385.060, was superseded 10-21-2021 by Ord. No. 77.2021.
[Ord. No. 77.2021, 10-21-2021]
The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ABANDONED MOTOR VEHICLE
Any unattended motor vehicle, trailer, off-road vehicle, trailer, outboard motor, or vessel removed or subject to removal from public or private property as provided in this Chapter, whether or not operational. [Section 304.001(1), RSMo.] A motor vehicle shall be deemed to have been abandoned in the following circumstances:
1. 
It has been left unattended upon a street or highway in violation of a Statute or ordinance regulating or prohibiting parking for a period of twenty-four 24 hours;
2. 
It is left unaccompanied on property owned or operated by the City, other than a street, without permission, or in a location not authorized for parking at any time, or in a parking spot designated as being subject to towing (a "tow-away zone"), or on any street or highway for a period of not less than forty-eight (48) hours.
DERELICT VEHICLE
Any vehicle that is abandoned, deserted, non-operative, partially dismantled, wrecked, junked, or does not display thereon a current valid license plate.
DESIGNATED TOW YARD
A service station, garage, or another place of safety that has contracted with the City to receive vehicles towed on the authorization of the City as provided herein.
[Ord. No. 77.2021, 10-21-2021]
A. 
Police Officers are authorized to have a motor vehicle removed from a street, highway, or City property to a designated tow yard:
1. 
When any vehicle is left unattended upon any street, bridge, highway, or in any tunnel where such vehicle constitutes an obstruction to traffic; or
2. 
When a vehicle upon a highway is disabled so as to constitute an obstruction to traffic, and the person in charge of the vehicle is, by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal; or
3. 
When any vehicle is left unattended upon a street and is parked illegally or improperly so as to constitute a definite hazard or obstruction to the normal movement of traffic; or
4. 
Is an abandoned motor vehicle as defined herein on public property; or
5. 
When a derelict vehicle has been left unattended on a City street; or
6. 
When a vehicle is parked in a designated tow-away zone.
B. 
Any motor vehicle removed under the terms of this Section 385.030 shall be removed in compliance with the procedures contained in Section 385.050.
[Ord. No. 77.2021, 10-21-2021]
A. 
No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any derelict vehicle to remain on such property for longer than seventy-two (72) hours, except:
1. 
When in an enclosed building; or
2. 
On the premises of a business whose function includes the repair or storage of vehicles, including derelict vehicles operating in a lawful place and manner provided that any wrecked or derelict vehicles shall not be placed outside a building for more than ninety (90) days, and, further, provided, that if the wrecked vehicle is a semi-trailer the number of days it can remain outside shall be limited to forty-five (45) days; or
3. 
At a designated tow yard.
B. 
Any derelict vehicle in violation of Section 385.040(A), above, is declared to be a nuisance and a public health hazard and are subject to the nuisance abatement procedure in addition to any other remedies. In addition, the City Attorney, or person acting as such, is authorized to seek a court order to have such vehicles removed by administrative search warrant, injunction, or such other remedy as may be available.
C. 
Any person in charge or control of any property within the City whether as owner, tenant, occupant, lessee, or otherwise, allowing a derelict vehicle to remain on the said person's property after receiving notice is guilty of an ordinance violation. Each day after the notice is received shall constitute a separate offense.
D. 
No person shall park or leave standing any motor vehicle upon any privately owned land, parking lot, or driveway, not generally open to the public without the express or implied consent of the owner, occupant, lessee, or licensee of the land.
E. 
No person shall park any vehicle on a private parking lot that has signs prohibiting or restricting parking. A suitable sign, not less than eighteen (18) inches by twenty-four (24) inches in dimension bearing the words "No Parking," together with any qualifications or restrictions on such parking written in red letters with a white background, shall be conspicuously displayed on such parking lot to make this Subsection effective. Any vehicle in violation of this Subsection may be towed at the direction and expense of the owner of the property.
F. 
Subsection (E), above, shall not apply to a shared lot without the consent of all of the owners.
[Ord. No. 77.2021, 10-21-2021]
A. 
Any Police Officer authorizing the tow shall make an inquiry with the Statewide computer system (MULES) and National Crime Information Center (NCIC) to determine if the abandoned property has been reported stolen. The Police Department shall enter the abandoned property information into the Statewide computer system.
B. 
For vehicles being towed because they are blocking or impairing traffic:
1. 
If the owner of the vehicle is present or can be contacted, the vehicle should be towed by a towing company selected by the owner, unless doing so would infringe on public safety.
2. 
If the owner is not present and cannot be contacted, the vehicle should be towed by a towing service that has a contract with the City.
3. 
Vehicles that are being towed from public property, except those being towed under Subsection (A) of this Section, shall be towed to a designated tow yard. The Police Officer authorizing the tow may but is not required to give notice to the owner of the vehicle prior to the tow. The Police Department shall keep a list of all vehicles towed under this Subsection.
C. 
All tows shall be done at the cost of the vehicle owner, including any applicable storage fee, and the towing company is authorized to hold such vehicle until such time as those fees are paid.
D. 
The owner of any vehicle on private property, except vehicles towed by the authority of the private property owner, shall be entitled to notice and an opportunity for a hearing as provided in Section 385.070.
E. 
The notice shall state:
1. 
The reason the vehicle is in violation of this Chapter;
2. 
The name of the Police Officer or Code Enforcement Officer serving the notice;
3. 
The date of the notice;
4. 
What the owner needs to do to come into compliance;
5. 
That the owner has the right to a hearing; and
6. 
That if the owner does not bring the vehicle into compliance or request a hearing the vehicle will be towed at the owner's expense.
[Ord. No. 77.2021, 10-21-2021]
A. 
Any person receiving a notice that he or she is in violation of this Code by allowing an abandoned or derelict vehicle, boat, or trailer to remain on that person's property, or any person with a legal interest in the vehicle, may appeal that finding by requesting a hearing. Such request must be, in writing, and delivered to the City Clerk within ten (10) business days of the receipt of the notice. Such notice shall toll any additional action on the matter by the City.
B. 
Upon such a request the City Administrator or his or her designee shall conduct a hearing to determine:
1. 
If the vehicle is abandoned or derelict; and
2. 
If the vehicle is on private property; and
3. 
Whether the vehicle was properly stored as provided in Section 385.040.
After hearing the evidence the Hearing Officer shall issue a written finding reversing or upholding the issuance of the notice. If the notice is upheld, the person shall immediately cause the vehicle to be removed or properly stored or do so within a time designated by the Hearing Officer.
[Ord. No. 77.2021, 10-21-2021]
Upon notification by the Police Department, the owner of an impounded motor vehicle, may, upon furnishing satisfactory evidence of his or her identity and of his or her ownership of the vehicle, obtain a release from the Police Department, and upon payment of towing, storing charges, any fines or penalties, and costs as set forth in Section 385.040, remove such motor vehicle from the impounding area.
[Ord. No. 77.2021, 10-21-2021]
Should the owner of an impounded motor vehicle fail or refuse to pay the costs provided for in Section 385.080 or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search, and after written notice to him or her at his or her last known address if his or her identity is known, and to the holder of any lien on record in the office of the State Department of Motor Vehicles against such vehicle, the Chief of Police or his or her designee, may, after holding such vehicle for thirty (30) days and after having the value thereof determined by three (3) disinterested automobile dealers or garagemen and after giving twenty (20) days' notice to the State Department of Motor Vehicles, such notice to include all information which can be reasonably ascertained to identify such vehicle, dispose of the same by private or public sale and shall forward the proceeds of such sale to the City Treasurer.
[Ord. No. 77.2021, 10-21-2021]
The provisions of this Chapter shall apply to trailers or wagons in a wrecked, junked, discarded, abandoned, partially dismantled, inoperable, or otherwise derelict condition.