Cross References — As to general penalty, see §100.220 of this Code; as to offenses generally, see ch. 215; as to prohibiting barking dogs and howling cats, see §210.130 of this Code.
Editor's Note — Ord. no. 03-77 §3, adopted November
24, 2003, changed the chapter heading herein from "nuisances" to "abandoned
property" and §2 of said ordinance deleted article headings herein.
[1]
Editor's Note — Ord. no. 03-77 §1, adopted November
24, 2003, repealed section 220.010 , "nuisances affecting health"
in its entirety. Former section 220.010 derived from the city's original
codification. At the editor's discretion, this section has been reserved
for the city's future use.
As used in this Chapter, the following terms shall have the
meanings set out herein:
- ABANDONED PROPERTY
- 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 Chapter, whether or not operational.
- PERSON
- Any natural person, corporation or other legal entity.
- RIGHT-OF-WAY
- The entire width of land between the boundary lines of a public road or State highway, including any roadway.
- ROADWAY
- That portion of a public road or State highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.
- TOWING COMPANY
- Any person or entity which tows, removes or stores abandoned property.
- URBANIZED AREA
- 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.
A.
A person
commits the offense of abandoning a motor vehicle if he/she abandons
any motor vehicle on the right-of-way of any public road or State
highway or on or in any of the waters in this State or on the banks
of any stream, or on any land or water owned, operated or leased by
the State, any board, department, agency or commission thereof, or
any political subdivision thereof or on any land or water owned, operated
or leased by the Federal Government or on any private real property
owned by another without his/her consent.
B.
For purposes
of this Section, the last owner of record of a motor vehicle or trailer
found abandoned and not shown to be transferred pursuant to Sections
301.196 and 301.197, RSMo., shall be deemed prima facie to have been
the owner of such motor vehicle or trailer at the time it was abandoned
and to have been the person who abandoned the motor vehicle or trailer
or caused or procured its abandonment. The registered owner of the
abandoned motor vehicle or trailer shall not be subject to the penalties
provided by this Section if the motor vehicle 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 motor vehicle 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 motor vehicle
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
motor vehicle or trailer is alleged to have been stolen, the owner
of the motor vehicle or trailer shall submit proof that a Police report
was filed in a timely manner indicating that the vehicle was stolen
at the time of the alleged violation.
The towing of abandoned property shall be governed by the provisions
of Sections 304.154 through 304.158 of Chapter 304 of the Revised
Statutes of the State of Missouri as they now exist or as they may
be revised or amended.
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 Chapter.
B.
The City Council 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 Chapter 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 (½) 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 Chapter 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.
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.
[1]
Editor's Note — Ord. no. 03-77 §1, adopted November
24, 2003, repealed section 220.110, "controlling growth of weeds and
grass" and section 220.120, "control and eradication of thistle" in
their entirety. Former sections 220.110 — 220.120 derived from
CC 1999 §§15-11, 15-17. At the editor's discretion, these
sections have been reserved for the city's future use.
