[Code 1980 §15-148; CC 1990 §15-331; Ord. No. 6239, 3-8-1999; Ord. No. 6308, 10-11-1999; Ord. No. 6739, 9-9-2002; Ord. No. 7431 §1, 7-27-2007]
As used in this Chapter, the following terms shall mean:
Any unlicensed, inoperable, unattended motor vehicle, trailer,
all-terrain vehicle, outboard motor, vessel or watercraft or airplane
removed or subject to removal from public or private property as provided
in the Chapter.
Any vehicle which is twenty-five (25) years or older and
is licensed or in the process of being licensed as an antique vehicle
by the Missouri Department of Vehicles.
A vehicle shall be deemed to be inoperable if it contains
no engine, is missing one (1) or more wheels, contains one (1) or
more flat tires, or is missing body parts which are necessary for
the proper operation of the vehicle.
Any natural person, corporation or other legal entity.
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Any person or entity which tows, removes or stores abandoned
property.
[CC 1990 §15-332; Ord. No. 6308, 10-11-1999]
A.
No person
shall abandon any motor vehicle on the right-of-way of any public
road or State highway or on any private real property owned by another
without his/her consent.
B.
No owner,
occupant or person occupying any property within the City shall allow
or permit the parking or storing of any automobile, trailer or motor
vehicle, whether or not in a usable condition, on any public or private
property, including, but not limited to, any public or private street,
which is not legally registered with properly displayed license plates
issued under the Statutes of the State on the property so occupied
unless the same be stored in a closed garage which shall consist of
four (4) sides, a roof and a door; however, this Section shall not
apply to new and used cars or trailer sales lots duly licensed by
the State and laws of the City; and this Section shall not apply to
any automotive repair garage or filling station where the motor vehicle
is being repaired provided that such motor vehicle shall not be so
parked for more than thirty (30) days for each repair.
[CC 1990 §15-333; Ord. No. 6308, 10-11-1999; Ord. No.
7431 §2, 7-27-2007]
The open storage of abandoned property constitutes a public
safety hazard and is prohibited. Nothing in this Section shall apply
to property which is completely enclosed within a building or a locked
fence area and not visible from adjacent or to public or private property
or 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 nor to any antique
vehicle unless and until the owner has been given at least ninety
(90) days' notice that such antique vehicle must finalize the licensing
process.
A.
Any Law
Enforcement Officer within the officer's jurisdiction, or an officer
of a government agency where that agency's real property is concerned,
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, left unattended
for ten (10) hours, or after four (4) hours if a law enforcement officer
determines that the abandoned property is a serious hazard to other
motorists, provided that commercial motor vehicles not hauling materials
designated as hazardous under 49 U.S.C. 5103(a) may only be removed
under this Subdivision to a place of safety until the owner or owner's
representative has had a reasonable opportunity to contact a towing
company of choice;
b.
Any
interstate highway or freeway outside of an urbanized area, left unattended
for forty-eight (48) hours, or after four (4) hours if a Law Enforcement
Officer determines that the abandoned property is a serious hazard
to other motorists, provided that commercial motor vehicles not hauling
materials designated as hazardous under 49 U.S.C. 5103(a) may only
be removed under this Subdivision to a place of safety until the owner
or owner's representative has had a reasonable opportunity to contact
a towing company of choice;
c.
Any
State highway other than an interstate highway or freeway in an urbanized
area, left unattended for more than ten (10) hours; or
d.
Any
State highway other than an interstate highway or freeway outside
of an urbanized area, 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
Subdivision 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 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 577.080,
RSMo.;
4.
Any
abandoned property which has been reported as stolen or taken without
consent off the owner;
5.
Any
abandoned property 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 which due to any other state law or local 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
local ordinance where signs have been posted giving notice of the
law or where the violation causes a safety hazard; or
8.
Any
abandoned property illegally left standing on the waters of this State
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.
B.
The State
Transportation Department may immediately remove any abandoned, unattended,
wrecked, burned or partially dismantled property, spilled cargo or
other personal property from the roadway of any State highway if the
abandoned property, cargo or personal property is creating a traffic
hazard because of its position in relation to the State highway. In
the event the property creating a traffic hazard is a commercial motor
vehicle, as defined in Section 302.700, RSMo., the department's authority
under this Subsection shall be limited to authorizing a towing company
to remove the commercial motor vehicle to a place of safety, except
that the owner of the commercial motor vehicle or the owner's designated
representative shall have a reasonable opportunity to contact a towing
company of choice. The provisions of this Subsection shall not apply
to vehicles transporting any material which has been designated as
hazardous under Section 5103(a) of Title 49, U.S.C.
C.
Any law
enforcement agency authorizing a tow pursuant to this Section in which
the abandoned property is moved from the immediate vicinity shall
complete a crime inquiry and inspection report. Any State or Federal
Government agency other than a law enforcement agency authorizing
a tow pursuant to this Section in which the abandoned property is
moved away from the immediate vicinity in which it was abandoned shall
report the towing to the State Highway Patrol or Water Patrol within
two (2) hours of the tow along with a crime inquiry and inspection
report as required in this Section. Any local government agency, other
than a law enforcement agency, authorizing a tow pursuant to this
Section where property is towed away from the immediate vicinity shall
report the tow to the local law enforcement agency within two (2)
hours along with a crime inquiry and inspection report.
D.
Neither
the Law Enforcement Officer, government agency official nor anyone
having custody of abandoned property under his/her direction shall
be liable for any damage to such abandoned property occasioned by
a removal authorized by this Section or by ordinance of a County or
municipality licensing and regulating the sale of abandoned property
by the municipality, other than damages occasioned by negligence or
by willful or wanton acts or omissions.
F.
Upon the towing of any abandoned property pursuant to this Section or under authority of a Law Enforcement Officer or local government agency pursuant to Section 395.050, the law enforcement agency that authorized such towing or was properly notified by another government agency of such towing shall promptly make an inquiry with the National Crime Information Center 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 law enforcement agency shall submit a crime inquiry and inspection report to the Director of Revenue. 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 law enforcement agency with which the crime inquiry and inspection report was filed. 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 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 law enforcement agency making the inquiry;
8.
The
signature and printed name of the officer authorizing the tow; and
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;
10.
Any
additional information the Director of Revenue deems appropriate.
G.
One (1)
copy of the crime inquiry and inspection report shall remain with
the agency which authorized the tow. One (1) copy shall be provided
to and retained by the storage facility and one (1) copy shall be
retained by the towing facility in an accessible format in the business
records for a period of three (3) years from the date of the tow or
removal.
H.
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.
I.
Any person
who removes abandoned property at the direction of a Law Enforcement
Officer or an officer of a government agency where that agency's real
property is concerned as provided in this Section shall have a lien
for all reasonable charges for the towing and storage of the abandoned
property until possession of the abandoned property is voluntarily
relinquished to the owner of the abandoned property or to the holder
of a valid security interest of record. Any personal property within
the abandoned property need not be released to the owner thereof until
the reasonable or agreed charges for such recovery, transportation
or safekeeping have been paid or satisfactory arrangements for payment
have been made, except that any medication prescribed by a physician
shall be released to the owner thereof upon request. The company holding
or storing the abandoned property shall either release the personal
property to the owner of the abandoned property or allow the owner
to inspect the property and provide an itemized receipt for the contents.
The company holding or storing the property shall be strictly liable
for the condition and safe return of the personal property. Such lien
shall be enforced in the manner provided under Section 304.156, RSMo.
J.
Towing
companies shall keep a record for three (3) years on any abandoned
property towed and not reclaimed by the owner of the abandoned property.
Such record shall contain information regarding the authorization
to tow, copies of all correspondence with the Department of Revenue
concerning the abandoned property, including copies of any online
records of the towing company accessed and information concerning
the final disposition of the possession of the abandoned property.
K.
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 local law enforcement
agency where the repossession occurred within two (2) hours of the
repossession and shall further provide the local law enforcement agency
with any additional information the agency deems appropriate. The
local law enforcement agency 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.
L.
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 has 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.
A.
If a
person abandons property, as defined in Section 304.001, RSMo., on
any real property owned by another without the consent of the owner
or person in possession of the property, at the request of the person
in possession of the real property, any member of the State Highway
Patrol, State Water Patrol, Sheriff, or other Law Enforcement Officer
within his/her jurisdiction may authorize a towing company to remove
such abandoned property from the property in the following circumstances:
B.
A local
government agency may also provide for the towing of motor vehicles
from real property under the authority of any local ordinance providing
for the towing of vehicles which are derelict, junk, scrapped, disassembled
or otherwise harmful to the public health under the terms of the ordinance.
Any local government agency authorizing a tow under this Subsection
shall report the tow to the local law enforcement agency within two
(2) hours with a crime inquiry and inspection report pursuant to Section
304.155, RSMo.
C.
Neither
the Law Enforcement Officer, local government agency nor anyone having
custody of abandoned property under his/her direction shall be liable
for any damage to such abandoned property occasioned by a removal
authorized by this Section other than damages occasioned by negligence
or by willful or wanton acts or omissions.
D.
The owner
of real property or lessee in lawful possession of the real property
or the property or security manager of the real property may authorize
a towing company to remove abandoned property or property parked in
a restricted or assigned area without authorization by a Law Enforcement
Officer only when the owner, lessee or property or security manager
of the real property is present. A property or security manager must
be a full-time employee of a business entity. An authorization to
tow pursuant to this Subsection may be made only under any of the
following circumstances:
1.
There
is displayed, in plain view at all entrances to the property, a sign
not less than seventeen (17) by twenty-two (22) inches in size, with
lettering not less than one (1) inch in height, prohibiting public
parking and indicating that unauthorized abandoned property or property
parked in a restricted or assigned area will be removed at the owner's
expense, disclosing the maximum fee for all charges related to towing
and storage, and containing the telephone number of the local traffic
law enforcement agency where information can be obtained or a twenty-four
(24) hour staffed emergency information telephone number by which
the owner of the abandoned property or property parked in a restricted
or assigned area may call to receive information regarding the location
of such owner's property;
2.
The
abandoned property is left unattended on owner-occupied residential
property with four (4) residential units or less, and the owner, lessee
or agent of the real property in lawful possession has notified the
appropriate law enforcement agency, and ten (10) hours have elapsed
since that notification; or
3.
The
abandoned property is left unattended on private property, and the
owner, lessee or agent of the real property in lawful possession of
real property has notified the appropriate law enforcement agency,
and ninety-six (96) hours have elapsed since that notification.
E.
Pursuant
to this Section, any owner or lessee in lawful possession of real
property that requests a towing company to tow abandoned property
without authorization from a Law Enforcement Officer shall at that
time complete an abandoned property report which shall be considered
a legal declaration subject to criminal penalty pursuant to Section
575.060, RSMo. The report shall be in the form designed, printed and
distributed by the director of revenue and shall contain the following:
1.
The
year, model, make and abandoned property identification number of
the property and the owner and any lienholders, if known;
2.
A description
of any damage to the abandoned property noted by owner, lessee or
property or security manager in possession of the real property;
3.
The
license plate or registration number and the State of issuance, if
available;
4.
The
physical location of the property and the reason for requesting the
property to be towed;
5.
The
date the report is completed;
6.
The
printed name, address and phone number of the owner, lessee or property
or security manager in possession of the real property;
7.
The
towing company's name and address;
8.
The
signature of the towing operator;
9.
The
signature of the owner, lessee or property or security manager attesting
to the facts that the property has been abandoned for the time required
by this Section and that all statements on the report are true and
correct to the best of the person's knowledge and belief and that
the person is subject to the penalties for making false statements;
10.
Space
for the name of the law enforcement agency notified of the towing
of the abandoned property and for the signature of the Law Enforcement
Official receiving the report; and
11.
Any
additional information the Director of Revenue deems appropriate.
F.
Any towing
company which tows abandoned property without authorization from a
Law Enforcement Officer pursuant to Subsection (4) of this Section
shall deliver a copy of the abandoned property report to the local
law enforcement agency having jurisdiction over the location from
which the abandoned property was towed. The copy may be produced and
sent by facsimile machine or other device which produces a near exact
likeness of the print and signatures required, but only if the law
enforcement agency receiving the report has the technological capability
of receiving such copy and has registered the towing company for such
purpose. The registration requirements shall not apply to law enforcement
agencies located in Counties of the Third or Fourth Classification.
The report shall be delivered within two (2) hours if the tow was
made from a signed location pursuant to Subdivision (1) of Subsection
(4) of this Section, otherwise the report shall be delivered within
twenty-four (24) hours.
G.
The law
enforcement agency receiving such abandoned property report must record
the date on which the abandoned property report is filed with such
agency and shall promptly make an inquiry into the National Crime
Information Center and any statewide Missouri law enforcement computer
system to determine if the abandoned property has been reported as
stolen. The law enforcement agency shall enter the information pertaining
to the towed property into the statewide law enforcement computer
system, and an officer shall sign the abandoned property report and
provide the towing company with a signed copy. The Department of Revenue
may design and sell to towing companies informational brochures outlining
owner or lessee of real property obligations pursuant to this Section.
H.
The Law
Enforcement Agency receiving notification that abandoned property
has been towed by a towing company shall search the records of the
Department of Revenue and provide the towing company with the latest
owner and lienholder information on the abandoned property, and if
the tower has online access to the Department of Revenue's records,
the tower shall comply with the requirements of Section 301.155, RSMo.
If the abandoned property is not claimed within ten (10) working days,
the towing company shall send a copy of the abandoned property report
signed by a Law Enforcement Officer to the Department of Revenue.
I.
If any
owner or lessee of real property knowingly authorizes the removal
of abandoned property in violation of this Section, then the owner
or lessee shall be deemed guilty of a violation.
A.
Notice as to the removal of any abandoned property pursuant to Sections 395.040 or 395.050 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:
1.
The
public agency authorizing the removal; or
2.
The
towing company, where authorization was made by an owner or lessee
of real property.
|
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.
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B.
Any owner
of any private real property causing the removal of abandoned property
from that real property shall state the grounds for the removal of
the abandoned property if requested by the registered owner of that
abandoned property. Any towing company that lawfully removes abandoned
property from private property with the written authorization of the
property owner or the property owner's agent who is present at the
time of removal shall not be held responsible in any situation relating
to the validity of the removal. Any towing company that removes abandoned
property at the direction of the landowner shall be responsible for:
1.
Any
damage caused by the towing company to the property in the transit
and subsequent storage of the property; and
2.
The
removal of property other than the property specified by the owner
of the private property from which the abandoned property was removed.
3.
The
owner of abandoned property removed from private property may recover
for any damage to the property resulting from any act of any person
causing the removal of, or removing, the abandoned property.
4.
Any owner of any private property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this Section or Section 395.050.
5.
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.
6.
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 property or that owner's agent
pursuant to this Section if the owner of the abandoned property or
the owner's agent returns to the abandoned property before it is removed
from the private property. The regular towing charge may only be imposed
after the abandoned property has been removed from the property and
is in transit.
7.
Persons
operating or in charge of any storage facility where the abandoned
property is stored pursuant to this Section shall accept cash for
payment of towing and storage by a registered owner or the owner's
agent claiming the abandoned property. In addition, persons operating
or in charge of the storage facility shall have sufficient monies
on the premises to accommodate, and make change in, a reasonable monetary
transaction.
8.
Except for the removal of abandoned property authorized by a law enforcement agency pursuant to Section 395.050, a towing company shall not remove or commence the removal of abandoned property from private property without first obtaining written authorization from the property owner. All written authorizations shall be maintained for at least one (1) year by the towing company. General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen (15) feet of a fire hydrant or in a fire lane designated by a Fire Department or the State Fire Marshal.
9.
Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (8) of this Section, is liable to the owner of the property for four (4) times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this Section.
10.
Any
County, City, Town or Village may enact ordinances or orders which
are consistent with Sections 304.155 to 304.158, RSMo., and which
may specify maximum reasonable towing, storage and other charges which
can be imposed by towing and storage companies operating within the
governmental entity's jurisdiction.
11.
Any
person who knowingly violates any provision of Sections 304.155 to
304.158, RSMo., shall be guilty of a class A misdemeanor. Any violation
of the provisions of this Section shall constitute a violation of
the provisions of Section 407.020, RSMo. In any proceeding brought
by the Attorney General for a violation of the provisions of this
Section, the court may, in addition to imposing the penalties provided
for in this Section order the revocation or suspension of the registration
or license of the towing company.
[CC 1990 §15-336; Ord. No. 6308, 10-11-1999]
A.
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 395.070.
B.
Upon the towing of any abandoned property pursuant to Section 395.040 or under authority of a Law Enforcement Officer or local government agency pursuant to Section 395.050, the City Police Department, where it authorized such towing or was properly notified by another government agency for 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 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 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 and the towing operator; and
9.
Any
additional information the Missouri Director of Revenue deems appropriate.
C.
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.
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.
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
names, 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.
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 ticker/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.
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.
H.
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:
1.
The
public agency authorizing the removal; or
2.
The
towing company, where authorization was made by an owner or lessee
of real property.
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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.
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I.
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.
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.
[CC 1990 §15-337; Ord. No. 6308, 10-11-1999]
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 Florissant 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 100.080 of the Florissant Code.
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.
[Code 1980 §15-148; CC 1990 §15-338; Ord. No. 6239, 3-8-1999; Ord. No. 6308, 10-11-1999]
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.