[R.O. 2004 §235.010; CC 1990 §235.010; Ord. No. 641 §2-001, 4-4-1988; Ord.
No. 1090 §1, 9-15-2005]
The following definitions shall apply in the interpretation
and enforcement of this Article:
Any part or parts of automobiles or other motor vehicles
that indicate no clue as to ownership.
Any motorized vehicle manufactured exclusively for off-highway
use which is fifty (50) inches or less in width, with an unladen dry
weight of six hundred (600) pounds or less, traveling on three (3)
or more low pressure tires, with a seat designed to be straddled by
the operator and handlebars for steering control.
Any vehicle, except for all-terrain vehicles, which is not
registered or is improperly registered with the State of Missouri,
has been inoperable for more than seventy-two (72) hours or is in
such a state of repair as to be inoperable, except those on the premises
of a duly licensed automobile repair or sales business or in a duly
licensed automobile junking yard.
Any motor vehicle which is so wrecked, dilapidated, burned
out, stripped, vandalized or is of such condition as to constitute
a health or safety hazard or nuisance or is of no apparent value,
other than scrap.
Any motor vehicle over twenty-five (25) years old which is
owned solely as a collector's item and which is used and intended
to be used for exhibition and educational purposes and which is permanently
registered with the State of Missouri pursuant to the provisions of
Section 301.131, RSMo.
Any metal, glass, paper, rags, wood, machinery parts, cloth
or other waste or discarded material of any nature or substance whatsoever
or scrap or salvage materials.
Incidental repairs or services to motor vehicles which must
be completed within seventy-two (72) hours, including changing flat
tires, repairing or servicing the electrical or ignition system, replacing
hoses, cleaning or replacing filters, installing minor accessories,
and adding or replacing lubricants, coolants, refrigerants or hydraulic
system fluids.
For the purposes of this Article shall also include any person,
firm or corporation having a recorded mortgage, lien or other encumbrance
on the parcel of land on which the vehicle or junk is located.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A vehicle modified or designed primarily for racing and/or
racetrack competition.
The presence of any vehicle in violation of the provisions
of this Article shall be prima facie evidence that the person in whose
name such vehicle is registered in either the records of the license
collector or records of the Department of Revenue, State of Missouri
committed or authorized such violation.
The entire area between the boundary lines of every publicly
maintained way when any part thereof is open to the use thereof for
purposes of vehicular travel.
A machine propelled by power other than human power, designed
to travel along the ground by use of wheels, treads, runners or slides
and transport persons or property or pull machinery and shall include,
without limitation, automobile, truck, trailer, motorcycle, tractor,
buggy and wagons or any part thereof.
[R.O. 2004 §235.020; CC 1990 §235.020; Ord. No. 641 §3-001, 4-4-1988; Ord.
No. 1090 §3, 9-15-2005]
Any damaged, disabled or unlicensed vehicle, any part thereof
or junk located on any property, street or highway, or which presents
an immediate hazard to persons, or which harbors tall grass, weeds
or other vegetation, or which creates a fire hazard, or which affords
a breeding place or nesting place for mosquitos, flies, rodents, rats
or other vermin; or any vehicle or part thereof or junk allowed to
remain unmoved on any property, driveway, sidewalk, path, alley, street
or highway for seventy-two (72) hours is a public nuisance.
[R.O. 2004 §235.030; CC 1990 §235.030; Ord. No. 641 §4-001, 4-4-1988]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section 215.040.
[R.O. 2004 §235.040; CC 1990 §235.040; Ord. No. 641 §5-001, 4-4-1988]
No person in charge or control of any property within the City,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, non-operating, wrecked, junked or discarded
vehicle to remain on such property longer than seventy-two (72) hours;
and no person shall leave any such vehicle on any property within
the City for a longer time than seventy-two (72) hours; except that
this Article shall not apply with regard to a vehicle in an enclosed
building, a vehicle on the premises of a business enterprise operated
in a lawful place and manner when necessary to the operation of such
business enterprise or a vehicle in an appropriate storage place or
depository maintained in a lawful place and manner by the City.
[R.O. 2004 §235.050; CC 1990 §235.050; Ord. No. 641 §5-002, 4-4-1988]
All historic motor vehicles, race cars and all-terrain vehicles
must be permanently garaged in an enclosed area or covered with a
non-transparent tarpaulin.
[R.O. 2004 §235.060; CC 1990 §235.060; Ord. No. 641 §6-001, 4-4-1988]
The Chief of Police or any member of his/her department designated
by him/her is hereby authorized to remove or have removed any vehicle
left at any place within the City which reasonably appears to be in
violation of this Article or lost, stolen or unclaimed or any vehicle
which appears to have been lost, stolen or unclaimed. Such vehicle
shall be impounded until lawfully claimed or disposed of in accordance
with the provisions of this Article.
[1]
State Law Reference — As to towing of unattended/abandoned
vehicles/property, §§304.154, RSMo., et seq.
[R.O. 2004 §235.070; CC 1990 §235.070; Ord. No. 641 §7-001, 4-4-1988]
A.Â
Prior
to the sale or other disposition of any such property, the Chief of
Police shall cause to be posted in City Hall, the place of storage
and at least one (1) other public place a notice of sale or of the
proposed disposition of the property stating:
1.Â
The City is selling or otherwise disposing or abandoning such property;
2.Â
The color, make, year, motor number and serial number, if available,
and any other information necessary for an accurate identification
of the property;
3.Â
The terms of the sale;
4.Â
The date, time and place of the sale. This notice shall be so published
in a newspaper of general circulation not less than ten (10) nor more
than thirty (30) days prior to the date of the sale or other disposition
of said property. Notice of such sale or disposition may be mailed
by enclosing such in a sealed envelope, posted prepaid, directed to
the owner of such property, if known, either at his/her place of business
or residence in the City or elsewhere. Said notice shall be deemed
to be served twenty-four (24) hours after the mailing of said notice.
[R.O. 2004 §235.080; CC 1990 §235.080; Ord. No. 641 §8-001, 4-4-1988]
Any vehicle or junk which shall be transported to a storage
area by or at the discretion of the Chief of Police or his/her duly
authorized representative shall be so transported at the expense of
the owner or person in custody thereof. The person entitled to possession
may redeem such property within thirty (30) days by payment to the
City of the actual cost of its removal and a reasonable storage fee.
If the vehicle or junk is unredeemed after the expiration of the thirty
(30) day period, the Chief of Police may sell it to the highest bidder
or, if it has no sale value, may otherwise dispose of it. Any money
received from the disposal of any vehicle or junk shall be applied
to the expenses charged to the owner or person in charge thereof.
[R.O. 2004 §235.090; CC 1990 §235.090; Ord. No. 641 §9-001, 4-4-1988; Ord.
No. 1090 §2, 9-15-2005; Ord. No. 1239 §1, 10-18-2010; Ord.
No. 1524, 9-21-2020]
The Chief of Police or his/her duly authorized representative may upon observation of a violation or breach of this Article enter upon private property for inspection of any vehicle or junk and prior to towing or removal shall issue a notice of violation for any breach of this Article. Said notice shall be in writing, shall state the date of said notice, the time of said notice, shall describe the offending vehicle or junk with reasonable specificity and particularity, shall be served upon the person in charge or control of the property by delivering a copy of same to said person or, if none be found, shall be served by posting same conspicuously on or about the property and mailing by certified mail. Unless the vehicle or junk constitutes a public nuisance and presents an immediate hazard or threat to the health, safety and well-being of other persons in accordance with Section 215.040 of this Article, the person in charge or control of the property shall have seventy-two (72) hours from the date and time of the notice to remove the vehicle from the property or make the necessary repairs to same. In the event the vehicle is not removed, or the necessary repairs are not made within seventy-two (72) hours after issuance of the notice of violation, the Chief of Police or his/her duly authorized representative may enter upon the private property for the purpose of impounding and removing any vehicle or junk in accordance with the provisions of this Article.
[R.O. 2004 §235.100; CC 1990 §235.100; Ord. No. 641 §10-001, 4-4-1988]
The Police Department of the City of Pevely, Missouri, is authorized
to tow and impound any motor vehicle within the City limits whenever
there are four (4) or more previously issued parking notices or one
(1) or more traffic summonses that the driver, owner or person in
charge of such motor vehicle has failed to answer or appear on.
[R.O. 2004 §235.110; CC 1990 §235.110; Ord. No. 641 §11-001, 4-4-1988]
A.Â
The
Police Department of the City of Pevely, Missouri, is authorized to
tow in and impound any vehicle which shall be:
1.Â
Parked in a place where parking is not permitted;
2.Â
Parked in violation of other parking provisions;
3.Â
Parked on private property without the consent and upon complaint
to the Police Department of the owner, lessee or person in charge
of such property and such owner, lessee or person agrees to guarantee
the payment of all towing charges;
4.Â
Parked on the street, roadway or other public place without current
State license plates and City vehicle license, excepting those vehicles,
historic vehicles or all-terrain vehicles which are exempted from
the licensing provisions of the licensing and registration privileges
of the State of Missouri.
5.Â
Stopped on the street and the driver is taken into custody by the
Police Department and such vehicle would thereby be left unattended
on the streets;
6.Â
So disabled on the street as to constitute a hazard or obstruction
to traffic and the person(s) in charge of the vehicle is unable to
provide for its removal; or
7.Â
Parked on the street and is directly interfering with the maintenance
and care or emergency use of the street; such vehicle may be removed
and conveyed by or under the direction of a member of the Police Department
to an impoundment. Before the owner or person in charge of such vehicle
shall be permitted to remove it from the custody of the Police Department,
he/she shall furnish evidence of his/her identity and proof of ownership,
shall sign a release, shall clear any traffic or parking fines or
outstanding summons indicating future court dates for hearings on
such offenses and shall pay the cost of towing the vehicle and storage
charges, if any.
[R.O. 2004 §235.120; CC 1990 §235.120; Ord. No. 641 §11-002, 4-4-1988]
Neither the Law Enforcement Officers mentioned herein nor anyone
having custody of a vehicle under their direction, shall be liable
for any damage to such vehicle occasioned by a removal authorized
by this Article other than damages occasioned by gross negligence
or by willful or wanton acts or omissions.
