City of Lake Ozark, MO
Miller County
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Table of Contents
Table of Contents
[Ord. No. 94-2 §1, 3-8-1994]
No person, being the owner thereof or having in his care or custody any vehicle, shall abandon the same on any street, alley or public place.
[Ord. No. 94-2 §2, 3-8-1994]
No person shall leave any partially dismantled, non-operating, wrecked or junked vehicle on any street, alley or public place within the City, and no person shall leave any motor vehicle that is not registered (licensed) or improperly registered (licensed) with the State of Missouri on any street, alley or public place within the City.
[Ord. No. 94-2 §3, 3-8-1994]
A. 
Unless a permit is obtained from the City Administrator as provided in Subsection (B), no person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall keep or allow any other person to keep on such property longer than seventy-two (72) hours, any vehicle that is partially dismantled, non-operating, wrecked, junked or discarded or any motor vehicle that is not registered (licensed) or improperly registered (licensed) with the State of Missouri, and no person shall leave any such vehicle or motor vehicle on any property within the City longer than seventy-two (72) hours; except and provided, that this Section shall not apply with regard to:
1. 
A vehicle or motor vehicle in any enclosed building.
2. 
A vehicle or motor vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary in the operation of such business enterprise, or
3. 
A vehicle or motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner in the City.
B. 
A person in charge or control of any property within the City who has on said property any motor vehicle that is not registered (licensed) or improperly registered (licensed) with the State of Missouri may apply for a permit to be issued by the City Administrator allowing said motor vehicle to remain on said property longer than seventy-two (72) hours without being in violation of Subsection (A) of this Section. Before a permit may be issued by the City Administrator, the applicant shall sign, under oath, an application for a permit that states that the following permit requirements have been met in regard to the motor vehicle that is the subject to the application:
1. 
The motor vehicle is not at the time of the application and will not later become during the time period of the permit, wrecked, junked, partially discarded or non-operating;
2. 
The motor vehicle is registered to (owned by) the applicant and that the applicant is the owner or occupant of the property where the motor vehicle is located; and
3. 
The current County and City personal property taxes have been paid concerning the motor vehicle.
C. 
The City Administrator shall issue the permit upon being satisfied that all the requirements have been met. The City Administrator shall have the authority to require that the applicant demonstrate to him that the motor vehicle is in operating condition before the permit is issued. The City Administrator further shall have the authority to require written proof of any of the permit requirements before the permit is issued. There shall be no fee charged to obtain the permit. The permit shall expire three (3) months after the date of issuance. A person may not obtain any additional permits for the same motor vehicle until at least nine (9) months has elapsed after the expiration of a previous permit. A separate permit application shall be submitted for each motor vehicle for which a permit is desired. The City Administrator shall have the authority to revoke any permit he/she has issued if the City Administrator determines that any of the above permit requirements, in fact, have not been met or if the City Administrator determines that the motor vehicle that is the subject of the permit, during the term of the permit, has become wrecked, junked, partially dismantled, discarded or non-operating. A person who has had a permit revoked shall not be eligible to apply for another permit relating to the same motor vehicle.
[Ord. No. 94-2 §4, 3-8-1994]
It shall be unlawful for any person to park or leave standing any motor vehicle upon any privately owned land, parking lot or driveway, after notice has been posted, as hereinafter provided, by the owner, occupant, lessee, or licensee prohibiting, restricting or limiting such parking without the express or implied consent of such owner, occupant, lessee or licensee of such land. A suitable sign not less than eighteen (18) inches by twenty-four (24) inches in dimension, and bearing the words "No Parking", together with any qualifications or restrictions on such parking, if any, shall be conspicuously displayed on such land, parking lot or driveway by the owner, occupant, lessee or licensee thereof, where this Section is to be effective. Defacing, tampering with or damaging such sign shall constitute a violation of this Section. Upon the complaint being made in writing by any such owner, occupant, lessee or licensee that any such motor vehicle is parked or has been left standing in violation of this Section, it shall be the duty of the Chief of Police, or any Police Officer of this City, to remove or cause to be removed such illegally parked vehicle and to impound the same as hereinafter provided.
[Ord. No. 94-2 §5, 3-8-1994]
A. 
The Chief of Police or any other Police Officer is hereby authorized to remove or to direct a business that tows vehicles to remove any vehicle left in any place within the City which reasonably appears to be in violation of this Section. The vehicle shall be taken to a public garage or some other suitable storage area.
B. 
Within thirty (30) days from the date the vehicle is removed, the owners of the vehicle may recover it from the place of storage by showing satisfactory proof of ownership and by paying all charges for towing and storage incurred through the date the vehicle is recovered. If the vehicle is not recovered within thirty (30) days, the City Administrator may have the vehicle sold at public auction by the City pursuant to the procedure herein.
C. 
Any time after thirty (30) days have elapsed from the date the vehicle is removed, the City Administrator shall deliver written notice to the owner of the vehicle, if known, at the last known address of the owner, either by certified mail, return receipt requested, or by the City Administrator or his designate handing the notice to the owner or to a member of that person's family over the age of seventeen (17) years. at that person's dwelling or usual place of abode. If the City Administrator is in doubt about who the owner is or what the owner's address is, he shall determine from the Missouri Department of Revenue, through the Chief of Police, the name of the owner and the last known address before delivering any notice. The notice shall state the following:
1. 
A brief description of the vehicle, including license plate number and vehicle identification number, if either is seen on the vehicle.
2. 
The location where the vehicle was found and the date it was found.
3. 
An itemized statement of the claim from the City for any Department of Revenue expenses and from the business that towed the vehicle, showing the sum due at the time of the notice.
4. 
A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before the date mentioned. The date shall be not less than ten (10) days from the date the notice is delivered personally or deposited in the United States mail.
5. 
A statement that the unless the claim is paid within the time specified, such vehicle will be advertised for sale and sold at public auction.
D. 
After the time for payment of the claim specified in the notice has elapsed, the City Administrator shall public an advertisement of the auction once a week for two (2) consecutive weeks in a paper of general circulation in the City. The sale shall not be less than fifteen (15) days from the time of the first publication. The advertisement shall describe the vehicle to be sold, including the license plate number and vehicle identification number, if either is seen on the vehicle. The advertisement shall also state the name of the owner of the vehicle, if know, the time and place of sale and that the vehicle will be sold for cash to the highest bidder, subject to any liens of record.
E. 
At least ten (10) days before the public sale of the vehicle, the City Administrator shall deliver a copy of the advertisement to the owner of the vehicle, if known, in the manner set forth in Subsection (C), and also to any lienholder of record, at the last known address as shown by the records of the Missouri Department of Revenue. The advertisement shall be delivered to lienholders personally or by certified mail, return receipt requested. Notice by certified mail shall be considered delivered on the date the envelope is mailed.
F. 
At least ten (10) days before the public sale of the vehicle, the Chief of Police or his designate shall make an inquiry with the National Crime Information Center and/or any State-wide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen, unless the Chief of Police is satisfied that the vehicle has not been stolen.
G. 
The public auction shall be held by the City Administrator or his designate in accordance with the terms of the advertisement. The vehicle shall be sold to the highest bidder, subject to all valid liens. In case no qualified bid is made, the City Administrator may thereafter sell the vehicle at private sale, securing the best possible price. The proceeds of the public or private sale, less the costs incurred by the City for advertising, Department of Revenue charges and mailing charges, and less the costs incurred by the business that towed the vehicle for towing and storage, shall be deposited in the General Revenue of the City. The City Administrator shall prepare a report of the amount so deposited with a statement of the costs incurred by both the City and the business that towed the vehicle. The City may transfer ownership of the vehicle by means of a bill of sale signed by the City Clerk and sealed with the City Seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of Section 301.218 or Section 301.251, Revised Statutes of Missouri, or for any other person. Any dealer or other person purchasing such a vehicle from the City shall apply within thirty (30) days of purchase for a certificate of ownership as provided in Section 301.190, Revised Statutes of Missouri, or for a junking certificate as provided in Section 301.227, Revised Statutes of Missouri. The bill of sale and/or any affidavit required by the Missouri Department of Revenue shall recite proof of compliance with the provisions of this Section.
H. 
At any time after the advertisement is published and before the public auction, the vehicle owner or the holder of a valid lien on the vehicle when the debt secured by the lien is in default may recover the vehicle form the place of storage by displaying satisfactory proof of ownership or valid lien with debt secured thereby in default and payment of all charges incurred by the City and the business that towed the vehicle as specified in Subsection (G).
I. 
If, within three (3) months after the sale of the vehicle as above provided, the owner of the vehicle so sold shall exhibit to the City Administrator satisfactory proof of ownership of said vehicle, the proceeds paid into the General Revenue Fund shall be delivered to him.
[Ord. No. 94-2 §6, 3-8-1994]
A. 
The term "vehicle" means any device or machine (except a device or machine moved by human power) designed to travel along the ground by use of wheels, treads or runners, including but not limited to automobiles, trucks, motorcycles, buses, vans, recreational vehicles, recreational motor vehicles, tractors, trailers, and wagons, or any part thereof. The term "vehicle" does not mean any manufactured home, modular home or mobile home unless any of said homes is situated on property in the City not zoned for its use or occupancy or unless any of said homes is situated on property in such a way that it could not then be used for its intended purpose.
B. 
The term "vehicle" means any vehicle that is required to be registered (licensed) by the State of Missouri to be operated or pulled on public highways; provided however, the term "motor vehicle" shall not include any trailers. For purposes of this Section, the term "trailer" shall mean any vehicle that is considered a trailer under the provisions of Chapter 301 RSMo. governing the licensing of trailers.
[Ord. No. 94-2 §7, 3-8-1994]
All City Police Officers are hereby authorized to enter onto private property for inspection of vehicles or motor vehicles to determine if any vehicle or motor vehicle is being kept in violation of any City ordinances.
[Ord. No. 98-9 §1, 3-10-1998]
Notwithstanding all provisions contained in Section 378.050 any Officer engaged in removing abandoned property including abandoned vehicles from either public property or from privately owned lands shall comply with all provisions of Sections 304.155, 304.156, 304.157, 304.158 of the Revised Statutes of the State of Missouri as amended by Senate Bill No. 560 in 1996.
[Ord. No. 94-2 §8, 3-8-1994]
Any person violating any provision hereof shall be punished by a fine of not more than five hundred dollars ($500.00) and/or imprisonment of not more than ninety (90) days.