No person shall abandon any motor vehicle or trailer on the right-of-way of any public road or State highway as set out in Section 240.020 of this Code.
[1]
State Law Reference: For similar provisions, § 577.080,
RSMo.
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.
A.
Any Law Enforcement Officer or an official of the City, within the
officer's or official's jurisdiction, 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;
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provided that commercial motor vehicles referred to in Subsection (A)(1)(a) through (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
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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 385.010 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 or City 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.
[1]
State Law References: For similar provisions, §§ 304.155.1(2009),
304.155.3, RSMo.
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 385.050.
B.
Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 385.030 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 240.040, 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 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 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 that does not have online access to the Department's records and that is 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 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 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 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, who shall not issue title to such abandoned property pursuant to this Section until the petition is finally decided.
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 this Section.
[1]
State Law References: For similar provisions, §§ 304.155.5
and 304.155.6 (2004), 304.155.11 and 304.155.12(2004), 304.158.1,
304.158.5, 304.158.7, RSMo.
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 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 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 (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 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.
[1]
State Law References: For similar provisions, §§ 304.156.2,
304.158.6, 304.158.10, RSMo.
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]
State Law Reference: For similar provisions, § 304.156,
RSMo.
[Ord. No. 3627, 12-15-2020; Ord.
No. 3786, 10-11-2022; Ord. No. 3833, 2-14-2023]
A.
Recommendation Of Tow Company By Police Officer Prohibited. Any Police
Officer making an accident or disabled vehicle investigation or otherwise
in a position to recommend a tow truck company to any person shall
absolutely refrain from making any such recommendation. The prescribed
procedure shall be to ask the owner or person in charge of the motor
vehicle to designate which tow truck service he/she desires or where
he/she wants the motor vehicle to be towed. If the location the owner
wants the motor vehicle to be towed to is a repair shop, then the
police dispatcher shall contact that shop to tow the vehicle. The
request of the owner or person in charge shall be complied with if
such request is within reason and such tow company or repair shop
is capable and willing to respond.
B.
Use Of Eligible Tow Provider List. Whenever a tow company or repair shop requested pursuant to Subsection (A) of this Section is unwilling or unable to respond as requested, or a citizen does not have a preference as to which tow company shall respond to tow the vehicle, then the Police Officer shall provide the citizen with a written list of all qualified tow companies, such list having been compiled in accordance with Subsection (C) of this Section and this Subsection. The citizen may select a company from this list. All tow truck companies on the list shall be listed only once. The list itself shall be rotated once every quarter so that the location of a tow truck company name shall shift one (1) position until it has its rotation as the first company listed. The tow truck shall arrive at the scene within thirty (30) minutes after receipt of a call. The Police Officer at the scene shall then direct the tow truck company to the motor vehicle which is to be moved, and the tow truck company shall then transport the motor vehicle to a place designated by the party responsible for the auto or to a place where the company stores its towed vehicles. Only the tow truck company called shall make the tow. If the tow truck company cannot or does not respond, the citizen shall be requested to select another tow company. If the citizen declines or fails to make a selection under this Subsection, the Police Officer shall summon a tow company in accordance with this Code.
C.
Compilation Of Eligible Tow Provider List. The Chief of Police shall compile the list of tow truck companies referred to in Subsection (B) of this Section. To be placed on the list, the tow truck company must have a valid tow truck permit and license. He shall place all qualified tow truck companies on the list. For purposes of this Subsection, qualified companies shall mean those companies which have met the requirements set forth in Subsection (D) of this Section and have not been removed from the list under this Section. If at any time subsequent to the placing of a tow truck company on a list that tow truck company fails to meet any of the requirements set forth in Subsection (D) of this Section, the Chief of Police or their designee shall give written notice to that tow company of the nature of the default. Failure to remedy the default or request a hearing within five (5) days shall result in the removal of the tow truck company from the list.
D.
Requirements For Placement On Eligible Tow Provider List. Requirements for tow truck companies which must be met before being placed on the list authorized by Subsection (C) of this Section are as follows:
1.
Each tow truck company shall:
a.
Occupy a separate business address, and possess a separate license
for the towing and storage of vehicles, from any other tow truck company.
b.
Operate at least one (1) tow truck which is:
(1)
Capable of moving a vehicle of two and one-half
(2 1/2) tons with dual wheels.
(2)
Equipped with one (1) set of towing dollies or
is a flatbed tow truck.
(3)
Equipped with one (1) wheel lift or is a flatbed
tow truck.
(4)
Based in Polk County, Missouri.
(5)
Currently licensed by the State for operation.
c.
Indicate only one (1) telephone number to call when requesting
the dispatch of a tow truck.
d.
Indicate whether or not it has and operates tow trucks of greater capacity than that required by Subsection (D)(1)(b) of this Section.
e.
Carry insurance on the tow truck in at least the following kinds
and amounts:
(1)
Liability insurance consisting of a business auto
policy in the amount of three hundred thousand dollars ($300,000.00)
combined single limit.
(2)
On-hook endorsement.
(3)
Garagekeeper's legal liability coverage of
fifty thousand dollars ($50,000.00) minimum for towing companies storing
vehicles on their premises.
(4)
A certificate of insurance in the name of the tow
truck company.
f.
Provide sufficient space to store ten (10) wrecked motor vehicles.
g.
Allow the owner of the wrecked motor vehicle or the owner's
agent to inspect the wrecked vehicle and to remove the vehicle upon
payment of the charges permitted in this Chapter without additional
costs during regular working hours, which shall be 8:00 A.M. to 5:00
P.M., Monday through Friday.
h.
Annually pay when due its occupational license fees or taxes.
i.
Have permanent signs affixed on both sides of the body of its
tow truck with the name of the tow truck company and the company's
telephone number, in a conspicuous place, not less than two (2) inches
in height.
j.
Have an annual inspection of each tow truck, and be able to document that all requirements contained in Subsection (D)(1)(b) of this Section are met for tow trucks.
k.
Be responsible for removal from the road of all vehicle parts,
glass and other debris which is attributable directly or indirectly
to the cause of the tow, and shall do so after receiving authorization
to do so by the Police Officer at the scene. Such person shall not
be required to clean up liquids or large spills of solid materials
which require lengthy cleanup operations or specialized equipment
for removal, nor shall such person be required to clean up debris
or spills classified as hazardous materials by the U.S. Department
of Transportation. No additional charge for this service may be allowed.
E.
Hearing And Complaint Procedure.
1.
All complaints regarding the use of the eligible tow provider
list and charges shall be referred to the Police Chief. Whenever the
Police Chief has reasonable grounds to remove a tow truck company
from the list, the Police Chief or their designee shall give written
notice of such reasons to the tow truck company. Where the notice
indicates that the tow truck company no longer meets the minimum requirements
of this Section, the Police Chief shall allow five (5) business days
(i.e., not counting weekends or holidays) from the date of mailing
such notice for compliance. If, at the end of five (5) business days,
compliance has not been made or a hearing requested in the matter,
the removal shall take effect. If a hearing is requested, such hearing
shall be held within five (5) business days after the request for
such hearing, and removal from the list shall be tolled pending outcome
of the hearing, except where insurance requirements have not been
met. Where the notice indicates that removal of the tow truck company
is based on excessive charges or any other reason, the tow truck company
shall have five (5) business days to request a hearing on the matter.
If at the end of five (5) business days no hearing has been requested,
the removal shall be final. If a hearing is requested, such hearing
shall be held within five (5) business days after the request for
such hearing, and removal from the list shall be tolled pending the
outcome of the hearing.
2.
A hearing requested pursuant to this Section shall be a public
hearing and the tow truck company may appear in person or by counsel
to examine witnesses and evidence presented, and to present witnesses
and evidence in the tow company's behalf. All such proceedings
shall be held in accordance with Chapter 536, RSMo. The City Clerk
will be the hearing officer, and the clerk's decision in the
matter heard shall be reduced to writing and a copy mailed to the
tow truck company involved.
F.
Causes For Removal From Eligible Tow Provider List; Term Of Removal.
Causes for removal from the eligible tow provider list shall be:
1.
Failure to meet the minimum requirements set forth in this Section.
Removal shall be effective for so long as the minimum requirements
are unmet.
2.
Good cause, which shall include but not be limited to the following:
a.
Conduct during a towing operation which is careless, negligent
or reckless and without due concern for the safety or property of
others.
b.
Conduct during a towing operation which is careless, negligent
or reckless and results in damage to or destruction of private or
municipal property.
c.
Responding to a call pursuant to Subsection (B) while under the influence of an intoxicating beverage or drug.
d.
Use of improper or defective equipment during the performance
of towing operations which endangers or may endanger the safety or
property of others.
e.
Failure to obtain current licenses as required under local,
state or Federal law.
G.
Reinstatement On Eligible Tow Provider List After Removal. No tow truck company which has been removed from the eligible tow provider list for reasons set forth in Subsection (F)(2) and (3) shall be eligible for inclusion on the list under any other firm name or by any affiliation with a company which is properly listed. Principals of any tow truck company which have been removed from the list for the reasons set forth in Subsection (F)(2) and (3) may not thereafter be placed back on the eligible tow provider list during the term of their tow truck company's removal by any subterfuge whatsoever, nor shall any tow truck company in which they have a financial interest be eligible for inclusion on the eligible tow provider list during the term of the tow truck company's removal.
