[Code 1972, §§21-25, 21-26; CC 1988 §26-406; Ord. No. 86-1921 §1, 11-10-1986]
Any Law Enforcement Officer within his jurisdiction may authorize a service station, towing operator, salvage dealer or motor vehicle repair shop to remove to a place of safety:
Any vehicle from the right-of-way of any highway if the vehicle has been left unattended on the right-of-way for more than forty-eight (48) hours;
Any unattended vehicle illegally left standing upon any highway or bridge if the vehicle is left in a position or under such circumstances as to obstruct the normal movement of traffic;
Any vehicle which has been abandoned under RSMo., Section 577.080;
Any vehicle which has been reported as stolen or taken without consent of the owner; or
Any vehicle for which the person driving such vehicle is arrested for an alleged offense for which the officer is required to take the person into custody.
[Code 1972, §§21-25, 21-26; CC 1988 §26-407; Ord. No. 86-1921 §1, 11-10-1986]
Neither the Law Enforcement Officer nor anyone having custody of a vehicle under his direction shall be liable for any damage to such vehicle occasioned by a removal authorized by Section 387.010 (1), (3) or (5) other than damages occasioned by gross negligence or by wilful or wanton acts or omissions.
[Code 1972, §§21-25, 21-26; CC 1988 §26-408; Ord. No. 86-1921 §1, 11-10-1986]
The owner of a vehicle removed as provided in this Chapter shall be responsible for payment of all reasonable charges for towing and storage of such vehicle.
[Code 1972, §§21-25, 21-26; CC 1988 §26-409; Ord. No. 86-1921 §1, 11-10-1986]
Upon the towing of any vehicle under this Chapter the Law Enforcement Agency that authorized such towing shall make an inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The Law Enforcement Officer who authorized the tow shall submit a report to the State Director of Revenue within five (5) working days of the towing of the vehicle. Such report shall include the following:
The year, model, make and vehicle identification number of the vehicle;
A description of any damage to the vehicle noted by the Law Enforcement Officer;
The license number;
The storage location of the towed vehicle;
The name and address of the tower;
The date of the authorization to tow the vehicle; and
The date of the inquiry of the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle had been stolen.
[CC 1988 §26-410; Ord. No. 86-1921 §1, 11-10-1986]
The State Director of Revenue shall notify the owner and any holder of a recorded security interest in a towed vehicle of its location, the name and business address of the person who towed the vehicle and the right of the person who towed the vehicle to obtain a certificate of title on the vehicle if the towing and storage charges are not paid. This notice shall be given within fifteen (15) working days of the receipt of the towing report from the Law Enforcement Agency.
[Code 1972, §§21-25, 21-26; CC 1988 §26-411; Ord. No. 86-1921 §1, 11-10-1986]
The owner of a towed vehicle or the holder of a valid security interest thereon which is in default may reclaim it from the service station, towing operator, salvage dealer or motor vehicle repair shop upon proof of ownership or valid security interest which is in default and payment of all reasonable charges for the towing and storage of the vehicle.
Any person who removes a motor vehicle at the direction of a Law Enforcement Officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle, or to the holder of a valid security interest thereon which is in default. Any personal property within the vehicle 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 personal medical supplies shall be released to the owner thereof upon request. Such lien shall be enforced in the following manner:
The lienholder in possession shall request the law enforcement agency which authorized the towing to make inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle is registered;
The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within thirty (30) days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the Director of Revenue;
Thirty (30) days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the Director of Revenue for a certificate of title if the towed vehicle is titled in Missouri. The application shall be accompanied by:
The original or a conformed or photostatic copy of the written report of the law enforcement officer authorizing the tow;
An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for thirty (30) days and that the owner has failed to make arrangements for payment of towing and storage charges;
A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (b) of this Subsection;
An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the Department of Revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the law enforcement agency which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least thirty (30) days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection. For titles requested pursuant to this Section, no fee shall be required.
Any other provision of law to the contrary notwithstanding, when the City sells an abandoned vehicle in accordance with a local ordinance they may transfer ownership by means of a bill of sale signed by the Municipal or County Clerk or Deputy 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 301.251, RSMo., 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, RSMo., or for a junking certificate as provided in Section 301.227, RSMo. Anyone convicted of a violation of this Section shall be guilty of an infraction.
[Code 1972, §§21-25, 21-26; CC 1988 §26-413; Ord. No. 86-1921 §1, 11-10-1986]
Towing operators, service stations, salvage dealers or motor vehicle repair shops who tow or store vehicles according to this Chapter shall keep a record for three (3) years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the Law Enforcement Officer's authorization to tow, copies of all correspondence with the Department of Revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.