City of Manchester, MO Article II Abandoned Property

Section 215.020 Definitions.

[Ord. No. 20-2291, 3-16-2020]

As used in this Article, the following terms shall have the meanings set out herein:

ABANDONED/INOPERABLE VEHICLE

Any motor vehicle, or parts thereof, situated on property or upon any street or highway, and:

1. Which does not have displayed thereon a permanent license plate or set of plates issued for that vehicle indicating current registration by one of the States; or

2. For which no arrangements have been made for its storage with the owner or occupant of the premises on which it is located;

3. The owner of which has indicated by his/her words or actions his/her intent to leave the same and no longer claims ownership thereof; or

4. Any partially dismantled, non-operating, wrecked or junked motor vehicle.

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 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.

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 or abandoned/inoperable vehicles.

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.

Section 215.030 Abandoning Motor Vehicle.

[Ord. No. 20-2291, 3-16-2020]

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.

Section 215.040 Open Storage of Inoperable Vehicles or Public Safety Hazards Prohibited.

[Ord. No. 03-1424 §1, 5-19-2003; Ord. No. 20-2291, 3-16-2020]

The open storage of inoperable vehicles or other vehicles is deemed by the City to constitute a public safety hazard and 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. A tarpaulin, tent or other similar temporary structure shall not be deemed to satisfy the requirements of this Section.

Section 215.050 Obstructing The Flow of Traffic Prohibited.

[Ord. No. 20-2291, 3-16-2020]

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).

Section 215.060 Towing of Abandoned Property or Abandoned/Inoperable Vehicles On Public Real Property.

[Ord. No. 20-2291, 3-16-2020]

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 or abandoned/inoperable vehicle on the right-of-way of:

a. Any State highway or interstate highway or freeway in an urbanized area of the City left unattended for ten (10) hours;

b. Any State highway or interstate highway or freeway outside of an urbanized area of the City left unattended for more than forty-eight (48) hours;

provided that commercial motor vehicles 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.

2. Any unattended abandoned property or abandoned/inoperable vehicle illegally left standing upon any highway or bridge if the abandoned property or abandoned/inoperable vehicle 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 or abandoned/inoperable vehicle which has been abandoned under Section 215.030 herein or Section 577.080, RSMo.

4. Any abandoned property or abandoned/inoperable vehicle which has been reported as stolen or taken without consent of the owner.

5. Any abandoned property or abandoned/inoperable vehicle for which the person operating such property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property's timely removal.

6. Any abandoned property or abandoned/inoperable vehicle 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 or abandoned/inoperable vehicle 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.

B. When the City Police Department authorizes a tow pursuant to this Section in which the abandoned property or abandoned/inoperable vehicle 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.

Section 215.070 General Provisions and Procedures.

[Ord. No. 20-2291, 3-16-2020[1]]

A. Payment Of Charges. The owner of abandoned property or an abandoned/inoperable vehicle removed as provided in this Article shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property or abandoned/inoperable vehicle.

B. Crime Inquiry And Inspection Report. Upon the towing of any abandoned property or abandoned/inoperable vehicle pursuant to Section 215.060 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 215.070, 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 or abandoned/inoperable 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 or abandoned/inoperable vehicle 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 or an abandoned/inoperable vehicle 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 or abandoned/inoperable vehicle;

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 or abandoned/inoperable vehicle 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 and the towing operator; and

9. Any additional information the Missouri Director of Revenue deems appropriate.

C. Reclaiming Property. The owner of such abandoned property or abandoned/inoperable vehicle, 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 or abandoned/inoperable vehicle.

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. 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 or abandoned/inoperable vehicle itself. The towing company must certify that a physical search of the abandoned property or abandoned/ inoperable vehicle 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 or abandoned/inoperable vehicle 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 or abandoned/inoperable vehicle 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 or abandoned/inoperable vehicle 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.

[1] Editor's Note: This ordinance repealed former Section 215.070, Towing of Abandoned Property or Abandoned/Inoperable Vehicles On Private Real Property, and provided for the renumbering of former Sections 215.080 through 215.100 as Sections 215.070 through 215.090, respectively.

Section 215.080 Sale of Abandoned Property or Abandoned/Inoperable Vehicle By City.

[Ord. No. 20-2291, 3-16-2020]

When the City has physical possession of the abandoned property or abandoned/inoperable vehicle, it may sell the abandoned property or abandoned/inoperable vehicle 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 or abandoned/inoperable vehicle, the complete abandoned property or abandoned/inoperable vehicle identification number, and the odometer reading of the abandoned property or abandoned/inoperable vehicle 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.