[Ord. No. 6578 § 2, 7-28-2016[1]]
As used in this Chapter, the following terms shall have the
meanings set out herein:
Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel removed or subject to removal from public
or private property as provided in this Chapter, whether or not operational.
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 crime inquiry
and inspection report.
Any natural person, corporation or other legal entity.
Any road or street used by the general public for the passage
of vehicles of all kinds, whether privately owned and maintained or
owned and maintained by the United States, State of Missouri, a local
government, or any subdivision thereof.
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.
A highway constructed or maintained by the Missouri State
Highways and Transportation Commission with the aid of State funds
or United States government funds, or any highway included by authority
of law in the State highway system, including all rights-of-way.
Any person or entity which tows, removes or stores abandoned
property.
[1]
Editor's Note: Section 2 of this ordinance repealed former
Ch. 217, Abandoned Property, adopted and amended by Ord. No. 5379
§ 1, 4-22-2010.
[Ord. No. 6578 § 2, 7-28-2016]
A.
A person commits the offense of abandoning a motor vehicle, vessel
or trailer if he/she knowingly abandons any motor vehicle, vessel
or trailer on the right-of-way of any public road or State highway
or on or in any of the waters in this State or on the banks of any
stream, or on any land or water owned, operated or leased by the State,
any board, department, agency or commission thereof, or any political
subdivision thereof or on any land or water owned, operated or leased
by the Federal Government or on any private real property owned by
another without his/her consent.
B.
For purposes of this Section, the last owner of record of a motor
vehicle, vessel or trailer found abandoned and not shown to be transferred
pursuant to Sections 301.196 and 301.197, RSMo., shall be deemed prima
facie to have been the owner of such motor vehicle, vessel or trailer
at the time it was abandoned and to have been the person who abandoned
the motor vehicle, vessel or trailer or caused or procured its abandonment.
The registered owner of the abandoned motor vehicle, vessel or trailer
shall not be subject to the penalties provided by this Section if
the motor vehicle, vessel or trailer was in the care, custody or control
of another person at the time of the violation. In such instance,
the owner shall submit such evidence in an affidavit permitted by
the court setting forth the name, address and other pertinent information
of the person who leased, rented or otherwise had care, custody or
control of the motor vehicle, vessel or trailer at the time of the
alleged violation. The affidavit submitted pursuant to this Subsection
shall be admissible in a court proceeding adjudicating the alleged
violation and shall raise a rebuttable presumption that the person
identified in the affidavit was in actual control of the motor vehicle,
vessel or trailer. In such case, the court has the authority to terminate
the prosecution of the summons issued to the owner and issue a summons
to the person identified in the affidavit as the operator. If the
motor vehicle, vessel or trailer is alleged to have been stolen, the
owner of the motor vehicle, vessel or trailer shall submit proof that
a police report was filed in a timely manner indicating that the vehicle
or vessel was stolen at the time of the alleged violation.
C.
Abandoning a motor vehicle, vessel or trailer is an ordinance violation.
D.
Any person convicted pursuant to this Section shall be civilly liable
for all reasonable towing, storage and administrative costs associated
with the abandonment of the motor vehicle, vessel or trailer. Any
reasonable towing, storage and administrative costs in excess of the
value of the abandoned motor vehicle, vessel or trailer that exist
at the time the motor vehicle or vessel is transferred pursuant to
Section 304.156, RSMo., shall remain the liability of the person convicted
pursuant to this Section so long as the towing company, as defined
in Chapter 304, RSMo., provided the title owner and lienholders, as
ascertained by the Department of Revenue records, a notice within
the time frame and in the form as described in Subsection (1) of Section
304.156, RSMo.
[Ord. No. 6578 § 2, 7-28-2016]
The open storage of inoperable or unlicensed vehicles to include
recreational vehicles, recreational equipment and trailers or other
vehicles deemed by the City to constitute a public safety hazard is
prohibited. Nothing in this Section shall apply to a vehicle which
is completely enclosed within a locked building or locked fenced area,
sits on top of a hard, impervious surface, and is 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.
[Ord. No. 6578 § 2, 7-28-2016]
A.
Towing Of Abandoned Vehicles On Private Property. If a person abandons property, as defined in Section 217.010 of this Code, on any real property owned by another without the consent of the owner or person in possession of the real property, at the request of the person in possession of the real property, any City Police Officer may authorize a towing company to remove such abandoned property from the property in the following circumstances:
B.
Towing Of Derelict Vehicles. The City, including the City Police Department, may provide for the towing of motor vehicles or vessels from real property which are derelict, junk, scrapped, disassembled or otherwise harmful to the public health and declared to be a public nuisance under Section 215.010(M) of this Code. The City shall authorize such tow pursuant to the terms of this Chapter. When a City agency other than the Police Department authorizes a tow under this Subsection, it shall report the tow to the Police Department within two (2) hours with a crime inquiry and inspection report.
C.
Limitation Of Liability. Neither the City Police
Officer, City nor anyone having custody of abandoned property under
his or 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.
Towing Authorized By Real Property Owner, Lessee Or Property Or Security Manager.
1.
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 City Police 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:
a.
Sign. There is displayed, in plain view at
all entrances to the property, a sign not less than seventeen (17)
inches 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-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;
b.
Unattended On Owner-Occupied Residential Property. 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
City Police Department, and ten (10) hours have elapsed since that
notification; or
c.
Unattended On Other Private Real Property. The
abandoned property is left unattended on private real property and
the owner, lessee or agent of the real property in lawful possession
of real property has notified the City Police Department, and ninety-six
(96) hours have elapsed since that notification.
2.
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 City Police 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 Missouri Director of Revenue and shall contain
the following:
a.
The year, model, make and abandoned property identification
number of the property, and the owner and any lienholders, if known;
b.
A description of any damage to the abandoned property noted
by owner, lessee or property or security manager in possession of
the real property;
c.
The license plate or registration number and the State of issuance,
if available;
d.
The physical location of the property and the reason for requesting
the property to be towed;
e.
The date the report is completed;
f.
The printed name, address and telephone number of the owner,
lessee or property or security manager in possession of the real property;
g.
The towing company's name and address;
h.
The signature of the towing operator;
i.
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;
j.
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
k.
Any additional information the Missouri Director of Revenue
deems appropriate.
3.
Any towing company which tows abandoned property without authorization from a City Police Officer pursuant to Subsection (A) of this Section shall deliver a copy of the abandoned property report to the City Police Department. 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 City Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subsection (D)(1)(a) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.
4.
The City Police Department, after receiving such abandoned property
report, must record the date on which the abandoned property report
is filed with the Police Department and shall promptly make an inquiry
into 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. The City Police Department shall
enter the information pertaining to the towed property into the statewide
law enforcement computer system, and a City Police Officer shall sign
the abandoned property report and provide the towing company with
a signed copy.
5.
The City Police Department, after receiving notification that
abandoned property has been towed by a towing company, shall search
the records of the Missouri Department of Revenue and provide the
towing company with the latest owner and lienholder information, if
available, on the abandoned property, and if the tower has online
access to the Missouri Department of Revenue's records, the tower
shall comply with the requirements of Section 304.155, 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 City Police Officer to the Department of Revenue.
6.
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 an ordinance violation.
[Ord. No. 6578 § 2, 7-28-2016]
A.
Notice Given.
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 of the abandoned property, and any lienholder
thereof, 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 storage
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.
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:
C.
Damage To Property. The owner of abandoned property
removed from private real 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.
D.
Real Property Owner Liability. Any owner of any
private real 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 Chapter.
E.
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.
F.
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 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 real property. The regular towing charge
may only be imposed after the abandoned property has been removed
from the private real property and is in transit.
G.
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
moneys on the premises to accommodate, and make change in, a reasonable
monetary transaction.
H.
Written Authorization Required — Delegation Of Authority To Tow.
1.
Except for the removal of abandoned property authorized by the
City Police Department pursuant to this Section, a towing company
shall not remove or commence the removal of abandoned property from
private real property without first obtaining written authorization
from the real property owner. All written authorizations shall be
maintained for at least one (1) year by the towing company.
2.
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.
I.
Towing Company Liability. 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 any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (H) 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 ordinance violation penalty, for a violation of this Section.
[Ord. No. 6578 § 2, 7-28-2016]
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 370.050 of this Code.
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.
Any person who removes abandoned property at the direction of a City
Police Officer where the City's real property is concerned, as
provided in this Chapter, 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.
E.
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 Missouri 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.
F.
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 City Police
Department with any additional information the City 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.
G.
Disposition Of Towed Property. Notwithstanding the
provisions of Section 301.227, RSMo., any towing company which 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 Missouri 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 Missouri 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
Missouri 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 that Section.
[Ord. No. 6578 § 2, 7-28-2016]
A.
Notice To Owner/Tow Lien Claim. Any towing company
which comes into possession of abandoned property pursuant to this
Chapter and which 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.
B.
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 or Chapter 370 of this Code.
C.
Physical Search Of Property. In the event that the
Missouri Department of Revenue notifies the towing company that the
records of the Missouri 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.
D.
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 (A) 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 Missouri Director of Revenue.
