City of Neosho, MO
Newton County
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Table of Contents
Table of Contents
The City shall provide books containing uniform traffic tickets as prescribed by Supreme Court Rule. Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed by Supreme Court Rule.
Such books shall be issued to the Chief of Police or his/her duly authorized agent, a record shall be maintained of every book so issued and a written receipt shall be required for every book. The judge or judges hearing City ordinance violation cases may require that a copy of such record and receipts be filed with the court.
The Chief of Police shall be responsible for the issuance of such books to individual members of the Police Department. The Chief of Police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.
Except when authorized or directed under State law to immediately take a person before the Municipal Judge for the violation of any traffic laws, a Police Officer who halts a person for such violation other than for the purpose of giving him/her a warning or warning notice and does not take such person into custody under arrest, shall issue to him/her a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court Rule Number 37.
Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the City or by State law, the Officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a uniform traffic ticket for the driver to answer to the charge against him/her within five (5) days during the hours and at a place specified in the traffic ticket.
If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five (5) days, the Traffic Violations Bureau shall send to the owner of the motor vehicle to which the traffic ticket was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.
Members of the Police Department are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or otherwise maintained by the City under the circumstances hereinafter enumerated:
When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;
When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide its custody or removal;
When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
Whenever an Officer removes a vehicle from a street as authorized in this Section and the Officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such Officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
Whenever an Officer removes a vehicle from a street under this Section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the Officer shall immediately send or cause to be sent a written report of such removal by mail to the State Department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.
[Code 1962 §18-168; CC 1979 §16-173; Ord. No. 973 §1, 10-4-1977; Ord. No. 1097 §16-173, 11-4-1980]
No person shall park a vehicle on any street for an uninterrupted period of time longer than twenty-four (24) hours, except in an emergency.
The Police Department, and all members thereof assigned traffic duty, are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any car or other vehicle illegally parked as defined in this Title, where such parked vehicle creates or constitutes a traffic hazard, obstructs the free flow of traffic, blocks the use of a fire hydrant, or obstructs or may obstruct the movement of any emergency vehicle. Cars or vehicles so towed away for illegal parking shall be stored in a safe place and shall be restored to the owner or operator of such car upon payment of a fee of actual costs incurred for towing within twenty-four (24) hours after the time such car was removed, plus five dollars ($5.00) for each additional twenty-four (24) hours or fraction thereof.
When a motor vehicle or other vehicle is abandoned on a highway or street in the City for forty-eight (48) hours or more, its removal by a towing service may be authorized by order of the Chief of the Police Department of the City of Neosho, Missouri; and when an abandoned, unattended, wrecked, burned or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway by a towing service may be authorized by order of the Chief of the Police Department of the City; and when a vehicle removed from either public or private property is authorized by order of the Chief of the Police Department of the City of Neosho, Missouri, the record owner of the vehicle will be responsible for all towing costs.
When a motor vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, series name, body style, vehicle identification number if available, and license plate year and number displayed on the vehicle, if any. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the Officer authorizing the tow.
Any time before a motor vehicle or other vehicle is sold at a public sale or disposed of as provided herein, the owner, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proper proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this Section until all towing and storage charges have been paid.
Whenever an abandoned, lost, stolen, or otherwise unclaimed motor vehicle remains unclaimed by the registered owner or other person legally entitled to its possession for a period of sixty (60) days after having been taken into possession by the City of Neosho, the City Manager of the City of Neosho or its designated representative may dispose of it pursuant to the terms of Section 120.290 of this Code.
Cross Reference — Sale of unclaimed property, §120.290.
[CC 1979 §16-187; Ord. No. 86-2 Art. 2(16-187), 1-21-1986]
For the purpose of enforcing the provisions of this Chapter, employees of the City may from time to time place chalk marks on the tires of vehicles parked within the City. No person shall, while parked within a parking space, intentionally remove said chalk marks from any vehicle. Any person found guilty of violating the provisions of this Section shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00).