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Town of Carrollton, MO
Carroll County
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Table of Contents
Table of Contents
[Ord. No. 2016-1203 § 1, 10-17-2016]
No person shall abandon any motor vehicle or trailer on the right-of-way of any public road, State highway, other public property, or private property. For purposes of this Chapter, "vehicle" includes trailers and watercraft.
[Ord. No. 2016-1203 § 2, 10-17-2016]
Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any public road or State highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.
[Ord. No. 2016-1203 § 3, 10-17-2016]
A. 
Any Law Enforcement Officer as defined by Section 556.061, RSMo., or an official of the Town where the Town's real property is concerned, may authorize a towing company to remove to a place of safety:
1. 
Any abandoned vehicle on the right-of-way of:
a. 
Any highway or street in the Town left unattended for ten (10) hours, or, if a Law Enforcement Officer determines that the abandoned vehicle is a serious hazard to other motorists, after four (4) hours;
(1) 
Provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be moved after the owner or their representative has had a reasonable opportunity to contact a towing company of their choosing.
b. 
Any highway or bridge if the abandoned vehicle obstructs the normal movement of traffic and there is no indication immediate removal of the abandoned vehicle is being arranged.
2. 
Any abandoned vehicle that has been abandoned under this Chapter or Section 577.080, RSMo.
3. 
Any abandoned vehicle that has been reported as stolen or taken without consent of the owner.
4. 
Any abandoned vehicle where the person operating the vehicle is arrested, taken into custody, and/or unable to arrange for timely removal.
5. 
Any abandoned vehicle where the owner has outstanding traffic/parking violations related to any other State law or local ordinance.
6. 
Any abandoned vehicle left unattended and is violating State law or local ordinance, at which signs are posted giving notice of the law or where the violation causes a safety hazard.
7. 
Any abandoned vehicle left on Missouri waters where it is obstructing the normal movement/traffic, is unattended for more than ten (10) hours, or floating loose on the water.
8. 
Any abandoned vehicle where the person operating such vehicle eludes arrest for an alleged offense for which the officer would have taken the offender into custody.
[Ord. No. 2016-1203 § 4, 10-17-2016]
A. 
The Town may authorize the towing of motor vehicles from private property for vehicles that are junk, scrapped, disassembled, or otherwise harmful to the public health under local ordinance.
B. 
Abandoned vehicles may be removed at the request of the owner, lessee, or property/security manager of the private property when the abandoned vehicle is on his/her property without consent by contacting any member of law enforcement within his or her jurisdiction. Law enforcement may authorize a towing company to remove the abandoned vehicle when:
1. 
It is left unattended for more than forty-eight (48) hours;
2. 
After four (4) hours if a law enforcement officer determines that the abandoned vehicle is a serious hazard to other motorists; or
3. 
It is a safety hazard or interferes with the use of the private property as determined by a law enforcement officer.
[Ord. No. 2016-1203 § 5, 10-17-2016]
A. 
A completed and signed Crime Inquiry and Inspection Report/Authorization to Tow ("Authorization"), which must include:
1. 
The reason for the tow;
2. 
The site from which the vehicle was towed; and
3. 
The name of the authorizing agency.
a. 
If the tow was law enforcement authorized due to an accident, law enforcement must complete the Authorization within five (5) days of the accident (if not completed at the time of the tow).
b. 
Local law enforcement must submit the completed Authorization to the Missouri State Highway Patrol or the Missouri State Water Patrol within two (2) hours of the tow.
B. 
The law enforcement agency that authorizes the tow or was properly notified by a government agency of the tow must:
1. 
Inquire with the National Crime Information Center (NCIC) and the State law enforcement computer system to determine if the abandoned vehicle was reported stolen;
2. 
Enter the abandoned vehicle information in the Missouri Uniform Law Enforcement System (MULES);
3. 
Send written notification of the tow to the registered owner and any lienholder on record within five (5) days of the tow, which includes:
a. 
A statement to indicate the property was towed;
b. 
Reason/grounds for the removal/towing;
c. 
Location at which abandoned vehicle is being stored.
4. 
A copy of the written notification must be given to the operator of the storage facility in which the abandoned vehicle is stored.
C. 
Tow companies with online access to the Department of Revenue's records must check for owner and lienholder information when an abandoned vehicle has not been claimed within ten (10) days of the tow.
1. 
If an owner or lienholder cannot be located using the online record lookup, the tow company must send a copy of the completed "No Record" screen from the search and a copy of the Authorization to the Department of Revenue.
2. 
Any towing company in possession of an abandoned vehicle must notify the appropriate law enforcement agency when the abandoned vehicle remains unclaimed after ten (10) days.
D. 
If the abandoned vehicle is not claimed after ten (10) days and the tow company does not have access to online records, the law enforcement agency must forward the Authorization to the Department.
E. 
Any towing company that comes into possession of abandoned property pursuant to this Chapter and who claims a lien for recovering, towing or storing abandoned property shall give notice as set forth in the applicable State law, including Section 304.156, RSMo.
[Ord. No. 2016-1203 § 6, 10-17-2016]
A. 
When present, the owner, lessee, or property/security manager of the private property may authorize an abandoned vehicle be removed without law enforcement authorization when parked in a restricted/assigned area when:
1. 
A sign (not less than seventeen (17) inches by twenty-two (22) inches in size) is displayed in plain view of all entrances to the property. The sign must:
a. 
Contain lettering not less than one (1) inch in height;
b. 
Prohibit public parking and indicate that unauthorized abandoned vehicles will be removed at the owner's expense;
c. 
Disclose the maximum fee for all charges related to towing and storage; and
d. 
Contain the telephone number of the local law enforcement agency or to a 24-hour emergency hotline, which the owner of the abandoned vehicle may call to receive information regarding the location of the towed abandoned vehicle.
2. 
The abandoned vehicle is left unattended on owner-occupied residential property with four (4) residential units or less, the appropriate law enforcement agency has been notified, and ten (10) hours have elapsed since that notification; or
3. 
The abandoned vehicle is left unattended on private property, the appropriate law enforcement agency has been notified, and ninety-six (96) hours has elapsed since that notification.
4. 
A general agreement between a business/individual and a towing company to tow vehicles at their discretion is not acceptable, except in the case of an abandoned vehicle parked within fifteen (15) feet of a fire hydrant or in a fire lane designated by the Fire Department or the State Fire Marshall.
[Ord. No. 2016-1203 § 7, 10-17-2016]
A. 
The owner, lessee, or property/security manager of private property that requests an abandoned vehicle be towed (without law enforcement authorization) must complete an Abandoned Property Report ("Report") at the time of tow.
1. 
The Report will be considered a legal declaration subject to criminal penalty pursuant to Section 575.060, RSMo.
B. 
A copy of the Report must be delivered to the jurisdictional law enforcement agency from which the abandoned vehicle was towed within two (2) hours if the tow was made from a location displaying a sign (or delivered within twenty-four (24) hours of the tow if no sign is displayed).
C. 
A towing company with online access may inquire to determine the owner and/or lienholder of an abandoned vehicle in order to send written notification of the tow to both the owner and lienholder within five (5) working days of the tow. The towing company must send written notification of the tow to the registered owner and any lienholder, which includes:
1. 
A statement to indicate the property was towed;
2. 
Reason/grounds for removal/towing; and
3. 
The location at which the abandoned vehicle is being stored.
D. 
A copy of the written notification described in Subsection (C) must be given to the operator of the storage facility in which the abandoned vehicle is stored.
E. 
If the towing company does not have online access to the DOR's[1] records, they must obtain the name of the owner/lienholder from the law enforcement section of the Report.
[1]
Editor's Note: "DOR" refers to the Department of Revenue.
F. 
Any towing company without online access to the Department of Revenue's records and in possession of an abandoned vehicle that remains unclaimed after ten (10) days must notify the law enforcement agency by submitting:
1. 
The Report. Upon receipt, law enforcement must:
a. 
Inquire with NCIC and Statewide law enforcement computer system to determine if an abandoned vehicle was reported stolen;
b. 
Enter the abandoned vehicle information into MULES.
c. 
Complete and sign the law enforcement section of the Report;
d. 
Provide the tow company with a signed copy of the Report.
G. 
If the abandoned vehicle is not claimed after ten (10) days and the tow company does not have access to the Department of Revenue's online records, the law enforcement agency must forward the Report to the Department of Revenue.
H. 
Any towing company that comes into possession of abandoned property pursuant to this Chapter and who claims a lien for recovering, towing or storing abandoned property shall give notice as set forth in the applicable State law, including Section 304.156, RSMo.
[Ord. No. 2016-1203 § 8, 10-17-2016]
The owner of abandoned property removed as provided in this Chapter shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in this Chapter.
[Ord. No. 2016-1203 § 9, 10-17-2016]
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.
[Ord. No. 2016-1203 § 10, 10-17-2016]
The owner of the abandoned vehicle removed pursuant to this Chapter, 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 this Chapter may file a petition in the Associate Circuit Court in the County where the abandoned vehicle is stored to determine if the abandoned vehicle 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 vehicle 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 or Revenue.
[Ord. No. 2016-1203 § 11, 10-17-2016]
The towing company shall comply with all applicable State law, and, after doing so, the abandoned vehicle remains unredeemed with no satisfactory arrangements made with the towing company for continued storage, the towing company may dispose of such abandoned vehicle as permitted by the applicable Missouri statutes.
[Ord. No. 2016-1203 § 12, 10-17-2016]
A. 
A towing company may only assess reasonable storage charges for abandoned vehicles 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.
B. 
The Town Council may from time to time establish maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the Town and which are consistent with this Chapter and applicable Missouri statutes. Any violation of said established maximum charges shall be deemed a violation of this Chapter.
C. 
A towing company may impose a charge of not more than one-half (1/2) of the regular towing charge for the towing of an abandoned vehicle at the request of the owner of private real property pursuant to this Chapter if the owner of the abandoned vehicle returns to the abandoned vehicle before it is removed from the private real property. The regular towing charge may only be imposed after the abandoned vehicle has been removed from the property and is in transit.
[Ord. No. 2016-1203 § 13, 10-17-2016]
When the Town has physical possession of the abandoned vehicle, it may sell the abandoned vehicle in accordance with its established provisions and regulations and may transfer ownership by means of a bill of sale signed by the Town Clerk and sealed with the official Town 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.
[Ord. No. 2016-1203 § 14, 10-17-2016]
Any person who fails to comply with the requirements of this Chapter is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250.00).