A.
A person
commits the offense of abandoning a motor vehicle or trailer if he/she
abandons any motor vehicle or trailer on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream or on any land or water owned, operated
or leased by the City, 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 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 or trailer at the time it was abandoned
and to have been the person who abandoned the motor vehicle or trailer
or caused or procured its abandonment. The registered owner of the
abandoned motor vehicle or trailer shall not be subject to the penalties
provided by this Section if the motor vehicle 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 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 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 or trailer is alleged to have been stolen, the
owner of the motor vehicle or trailer shall submit proof that a Police
report was filed in a timely manner indicating that the vehicle was
stolen at the time of the alleged violation.
C.
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 or trailer. Any reasonable towing,
storage and administrative costs in excess of the value of the abandoned
motor vehicle or trailer that exist at the time the motor vehicle
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 timeframe and in the form
as described in Subsection (1) of Section 304.156, RSMo.
