Editor's Note — Ord. no. 1574 §§2 — 7,
adopted February 12, 2003, superseded this Chapter 385 and enacted
the new provisions set out herein. Former ch. 385 derived from Ord.
No. 1244 §VII, 4-3-1989.
[Ord. No. 1574 §2, 2-12-2003]
As used in this Chapter, the following terms shall mean:
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 Sections 385.010 and 385.020, 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.
Employees of the Missouri State Highway Patrol who are not
members of the patrol but who are appointed by the Superintendent
of the Highway Patrol to enforce the laws, rules and regulations pertaining
to commercial vehicles, trailers, special mobile equipment and drivers
of such vehicles.
Employees of the Missouri State Highway Patrol who are not
members of the patrol but who are appointed by the Superintendent
of the Highway Patrol to supervise or operate permanent or portable
weigh stations in the enforcement of commercial vehicle laws.
The State Highways and Transportation Commission.
The State Transportation Department.
A divided State highway with four (4) or more lanes, with
no access to the throughways except the established interchanges and
with no at-grade crossings.
A State highway included in the national system of interstate
highways located within the boundaries of Missouri, as officially
designated or as may be hereafter designated by the State Highways
and Transportation Commission with the approval of the Secretary of
Transportation, pursuant to Title 23, U.S.C., as amended.
The Superintendent, Lieutenant Colonel, Majors, Captains,
Director of Radio, Lieutenants, Sergeants, Corporals and Patrolmen
of the Missouri State Highway Patrol.
Any vehicle designed for or capable of cross-country travel
on or immediately over land, water, ice, snow, marsh, swampland or
other natural terrain without benefit of a road or trail:
Including, without limitation, the following:
Jeeps;
All-terrain vehicles;
Dune buggies;
Multi-wheel drive or low-pressure tire vehicles;
Vehicles using an endless belt, or tread or treads, or a combination
of tread and low-pressure tires;
Motorcycles, trail bikes, minibikes and related vehicles;
Any other means of transportation deriving power from any source
other than muscle or wind; and
Excluding the following:
Registered motorboats;
Aircraft;
Any military, fire or law enforcement vehicle;
Farm-type tractors and other self-propelled equipment for harvesting
and transporting farm or forest products;
Any vehicle being used for farm purposes, earth moving or construction
while being used for such purposes on the work site;
Self-propelled lawnmowers, or lawn or garden tractors, or golf
carts, while being used exclusively for their designed purpose; and
Any vehicle being used for the purpose of transporting a handicapped
person.
Any natural person, corporation or other legal entity.
The entire width of land between the boundary lines of a
street, road, alley or highway, including any roadway.
That portion of a street, road, alley or highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
A highway constructed or maintained by the 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 right-of-way.
Any person or entity which tows, removes or stores abandoned
property.
An area with a population of fifty thousand (50,000) or more
designated by the Bureau of the Census within boundaries to be fixed
by the State Highways and Transportation Commission and local officials
in cooperation with each other and approved by the Secretary of Transportation.
The boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designated by the Bureau of the Census.
[Ord. No. 1574 §3, 2-12-2003]
A.
The Chief
of Police or any Police Officer, within the officer's jurisdiction,
or any officer or agent of the City of Plattsburg, where the City'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;
b.
Any
interstate highway or freeway outside of an urbanized area, left unattended
for forty-eight (48) hours;
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, street, roadway or alley other than an interstate highway
or freeway outside of an urbanized area, left unattended for more
than forty-eight hours (48); provided that commercial motor vehicles
not hauling waste designated as hazardous under 49 U.S.C. 5103(a)
may only be removed under this Subsection 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,
street, roadway, alley 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 385.030 of this Chapter or under Section 577.080, RSMo.;
4.
Any
abandoned property which has been reported as stolen or taken without
consent of 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 City 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
City 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 City
and any officer or agent thereof may immediately remove any abandoned,
unattended, wrecked, burned or partially dismantled property, spilled
cargo or other personal property from the roadway or highway, street,
road or alley if the abandoned property, cargo or personal property
is creating a traffic hazard because of its position in relation to
the roadway. In the event the property creating a traffic hazard is
a commercial motor vehicle, as defined in Section 302.700, RSMo.,
the City'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 Officer 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 officer
or agent of the City, other than a Law Enforcement Officer, 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 officer or agent of the City,
other than a Law Enforcement Officer, authorizing a tow pursuant to
this Section where property is towed away from the immediate vicinity
shall report the tow to the Plattsburg Police Department or the Clinton
County Sheriff's Department within two (2) hours, along with a crime
inquiry and inspection report.
D.
Neither
the City, the Law Enforcement Officer, the officer or agent of the
City, 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 other officer or agent of the City under Section 385.020, the Law Enforcement Officer that authorized such towing or was properly notified by another officer of the City 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 law enforcement agency shall submit a crime inquiry and inspection report to the Missouri Director of Revenue. A towing company 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.
G.
One (1)
copy of the crime inquiry and inspection report shall remain with
the City agency or department 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 other officer or agent of the City where the City'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 385.015.
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, 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 within the limits of the City, then the repossessor shall notify
the Police Department within two (2) hours of the repossession and
shall further provide the department with any additional information
the department deems appropriate. The 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.
[Ord. No. 1574 §4, 2-12-2003]
A.
Any towing company which comes into possession of abandoned property pursuant to Sections 385.010 or 385.020 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 Department of Revenue, 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.
C.
In the
event that the records of the Missouri Department of Revenue fail
to disclose the name of the owner or any lienholder of record, the
department shall notify the towing company which 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 that 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.
If no ownership information is discovered, the Director of Revenue shall be notified in writing and title obtained in accordance with Subsection (G) of this Section.
E.
1.
The owner of the abandoned property removed pursuant to the provisions of Sections 385.010 or 385.020 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 Director of Revenue who shall not issue title to such abandoned property pursuant to this Section until the petition is finally decided.
2.
Upon
filing of a petition in the Associate Circuit Court, the owner or
lienholder may have the abandoned property released upon posting with
the court a cash or surety bond or other adequate security equal to
the amount of the charges for towing and storage to ensure the payment
of such charges in the event he does not prevail. Upon the posting
of the bond and the payment of the applicable fees, the court shall
issue an order notifying the towing company of the posting of the
bond and directing the towing company to release the abandoned property.
At the time of such release, after reasonable inspection, the owner
or lienholder shall give a receipt to the towing company reciting
any claims for loss or damage to the abandoned property or the contents
thereof.
3.
Upon
determining the respective rights of the parties, the final order
of the court shall provide for immediate payment in full of recovery,
towing and storage fees by the abandoned property owner or lienholder
or the owner, lessee or agent thereof of the real property from which
the abandoned property was removed.
G.
Thirty (30) days after the notification form has been mailed to the abandoned property owner and holder of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in Subsection (E) of this Section, the lienholder in possession may apply to the Missouri Director of Revenue for a certificate. The application for title shall be accompanied by:
1.
An affidavit
from the lienholder in possession that he has been in possession of
the abandoned property for at least thirty (30) days and the owner
of the abandoned property or holder of a security agreement has not
made arrangements for payment of towing and storage charges;
2.
An affidavit
that the lienholder in possession has not been notified of any application
for hearing as provided in this Section;
3.
A copy
of the abandoned property report or crime inquiry and inspection report;
4.
A copy
of the thirty (30) day notice given by certified mail to any owner
and person holding a valid security interest and a copy of the certified
mail receipt indicating that the owner and lienholder of record was
sent a notice as required in this Section; and
5.
A copy
of the envelope or mailing container showing the address and postal
markings indicating that the notice was "not forwardable" or "address
unknown".
H.
If notice to the owner and holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with Subsection (C) of this Section.
I.
Abandoned
property in the physical possession of the City may, upon compliance
with the provisions of this Section, be sold and transferred by means
of a bill of sale signed by the City Clerk or deputy and sealed with
the official Municipal 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. Any dealer or other person
purchasing such property from the City shall apply within thirty (30)
days of purchase for a certificate. Anyone convicted of a violation
of this Section shall be guilty of an infraction.
J.
If the
Director is satisfied with the genuineness of the application and
supporting documents submitted pursuant to this Section, the Director
shall issue one (1) of the following:
1.
An original
certificate of title if the vehicle owner has obtained a vehicle examination
certificate as provided in Section 301.190, RSMo., which indicates
that the vehicle was not previously in a salvaged condition or rebuilt;
2.
An original
certificate of title designated as prior salvage if the vehicle examination
certificate as provided in Section 301.190, RSMo., indicates the vehicle
was previously in a salvage condition or rebuilt;
3.
A salvage
certificate of title designated with the words "salvage/abandoned
property" or junking certificate based on the condition of the abandoned
property as stated in the abandoned property report or crime inquiry
and inspection report;
4.
Notwithstanding
the provisions of Section 301.573, RSMo., to the contrary, if satisfied
with the genuineness of the application and supporting documents,
the Director shall issue an original title to abandoned property previously
issued a salvage title as provided in this Section, if the vehicle
examination certificate as provided in Section 301.190, RSMo., does
not indicate the abandoned property was previously in a salvage condition
or rebuilt.
K.
If abandoned
property is insured and the insurer of property regards the property
as a total loss and the insurer satisfies a claim by the owner for
the property, then the insurer or lienholder shall claim and remove
the property from the storage facility or make arrangements to transfer
the title, and such transfer of title subject to agreement shall be
in complete satisfaction of all claims for towing and storage to the
towing company or storage facility. The owner of the abandoned vehicle,
lienholder or insurer, to the extent the vehicle owner's insurance
policy covers towing and storage charges, shall pay reasonable fees
assessed by the towing company and storage facility. The property
shall be claimed and removed or title transferred to the towing company
or storage facility within thirty (30) days of the date that the insurer
paid a claim for the total loss of the property or is notified as
to the location of the abandoned property, whichever is the later
event. Upon request, the insurer of the property shall supply the
towing company and storage facility with the name, address and phone
number of the insurance company and of the insured and with a statement
regarding which party is responsible for the payment of towing and
storage charges under the insurance policy.
[Ord. No. 1574 §5, 2-12-2003]
A.
If a person abandons property, as defined in Section 385.005, on any real property within the limits of the City and owned by another without the consent of the owner or person in possession of the property or on any real property of the City at the request of the person in possession of the real property, any member of the Plattsburg Police Department may authorize a towing company to remove such abandoned property from the property in the following circumstances:
B.
The owner
of real property or lessee or property or security manager in lawful
possession 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 under 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
improperly 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, other than the number of a towing company, by which
the owner of the abandoned property or improperly parked property
may call to receive information regarding the location of such owner's
property; or
2.
The
abandoned property is on private property and lacks an engine, transmission,
wheels, tires, doors, windshield or any other major part or equipment
necessary to operate safely on the highways, the owner or lessee of
the private property has notified the City Police or County Sheriff,
as appropriate, and ninety-six (96) 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 ten (10) days have elapsed since that notification.
C.
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 within
one (1) hour of the tow file an abandoned property report with the
Police Department. The report 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
signature and 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
name of the law enforcement agency notified of the abandoned property.
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If a tow is authorized by the Police Department, a completed
Missouri Department of Revenue "Authorization to Tow" form shall be
issued by the authorizing officer to the tow operator for that company's
records as proof of authorization to tow a particular vehicle.
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D.
The Police
Department, upon receiving such abandoned property report, must record
the date the abandoned property report is filed with the Department
and within five (5) days of such filing 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 Police Department shall enter the information pertaining
to the towed property into the statewide enforcement computer system.
E.
Neither
the Police Department, any officer thereof, nor anyone having custody
of abandoned property under their 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.
F.
Any towing company which tows abandoned property without authorization from a Police Department officer pursuant to Subdivision (1) of Subsection (B) of this Section shall within one (1) hour of the tow report the event and the circumstances to the law enforcement agency where the abandoned property report was filed.
G.
The Police
Department, upon receiving notification that abandoned property has
been towed by a towing company, shall record the date the property
was towed and shall forward a copy of the abandoned property report
to the Missouri Director of Revenue.
H.
If any owner or lessee of real property authorizes the removal of abandoned property pursuant to Subsection (B) of this Section and such property is so removed and no sign is displayed prior to such removal as required pursuant to Subsection (B) of this Section, then the owner or lessee shall be deemed guilty of an offense, punishable pursuant to Section 100.070.
[Ord. No. 1574 §6, 2-12-2003]
A.
Notice as to the removal of any abandoned property pursuant to Sections 385.010 or 385.020 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
Police Officer or other agent or officer of the City 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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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.
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.
D.
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 385.020.
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 (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.
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 monies
on the premises to accommodate, and make change in, a reasonable monetary
transaction.
H.
Except for the removal of abandoned property authorized by a Police Officer pursuant to Section 385.020, 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.
I.
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 (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 criminal penalty, for a violation of this Section.
J.
Any person
who knowingly violates any provision of this Chapter shall be guilty
of an offense. 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 Missouri 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.
[Ord. No. 1574 §7, 2-12-2003]
A.
A person
commits the offense of abandoning a motor vehicle if he abandons any
motor vehicle on the right-of-way of any public highway, street, road
or alley 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 including that of the City of Plattsburg
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 consent.
B.
Abandoning
a motor vehicle is punishable, upon conviction, by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment for a period of
not exceeding ninety (90) days, or by both such fine and imprisonment.
