[Ord. No. 2.410 § 1, 11-2-1981]
Pursuant to the terms of Section 300.010, adopting the Model Traffic Ordinance, Chapter 300, Revised Statutes of Missouri, the following provisions of this Chapter are hereby adopted as amending and supplementing, but in no way repealing, Chapters 350, 355, 360 or 365 of this Title, dealing with Parking, Stopping, Standing and Loading of Motor Vehicles on the Streets, Alleys and other places within the City of Greenwood. No provision of Chapters 300 through 375 of this Title shall be presumed repealed by any provision herein but in the case of a conflict between this Chapter and Chapters 300 through 375 of this Title, the specific terms of this Chapter shall be controlling.
A.
Any member of the Police Department of this City within his/her jurisdiction
may authorize a service station, towing operator, salvage dealer,
or motor vehicle repair shop to remove to a place of safety:
1.
Any vehicle from the right-of-way of any highway constructed
and maintained by the State Highways and Transportation Commission
if the vehicle has been left unattended on the right-of-way for more
than forty-eight (48) hours;
2.
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;
3.
Any vehicle which has been abandoned under Section 577.080,
RSMo.;
4.
Any vehicle which has been reported as stolen or taken without
consent of the owner;
5.
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; or
6.
Any vehicle which due to any other State law or local ordinance
is subject to towing because of the owner's outstanding traffic
or parking violations.
B.
Neither the Law Enforcement Officer nor anyone having custody of a vehicle under his/her direction shall be liable for any damage to such vehicle occasioned by a removal authorized by Subdivision (1), (3), or (5) of Subsection (A) of this Section other than damages occasioned by gross negligence or by willful or wanton acts or omissions.
C.
The owner of a vehicle removed as provided in this Section shall
be responsible for payment of all reasonable charges for towing and
storage of such vehicle.
D.
Upon the towing of any vehicle under this Section, 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 Director of Revenue within five (5) working days of
the towing of the vehicle. Such report shall include the following:
1.
The year, model, make and vehicle identification number of the
vehicle;
2.
A description of any damage to the vehicle noted by the law
enforcement officer;
3.
The license number;
4.
The storage location of the towed vehicle;
5.
The name and address of the tower;
6.
The date of the authorization to tow the vehicle; and
7.
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.
E.
The Director of Revenue shall notify the owner and any holder of
a recorded security interest in the 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.
F.
The owner of such 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.
G.
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:
1.
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;
2.
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;
3.
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:
a.
The original or a conformed or photostatic copy of the written
report of the Law Enforcement Officer authorizing the tow;
b.
An affidavit of the lienholder in possession that he/she 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;
c.
A copy of the receipt indicating that the owner or lienholder
of record has received the notice required by Subdivision (2) of this
Subsection;
d.
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.
H.
If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the state in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known state of issuance of certificate of ownership or registration, he/she shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with Subsection (G) of this Section before a certificate of ownership is issued.
I.
Upon proof of the foregoing by proper affidavit, the Director of
Revenue shall, if requested, issue a new certificate of title to the
lienholder in possession.
J.
Towing operators, service stations, salvage dealers, or motor vehicle
repair shops who tow or store vehicles according to this Section 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.
K.
Except for the provisions of Subdivisions (4) and (6) of Subsection (A) of this Section, this Section shall not apply to municipalities or counties having ordinances regulating the removal, sale and licensing of vehicles. Municipalities or counties having such ordinances shall file a copy of the ordinances with the Department of Revenue.
L.
Any other provision of law to the contrary notwithstanding, any municipality
or county which sells an abandoned vehicle in accordance with a local
ordinance may transfer ownership by means of a bill of sale signed
by the Municipal or County Clerk or Deputy and sealed with the official
Municipal or County 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 Sections
301.218 or 301.251, RSMo., or for any other person. Any dealer or
other person purchasing such a vehicle from a municipality or county
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. (RSMo. § 304.155)
A.
If a person abandons a vehicle, as defined in Section 301.010, RSMo.,
on any real property owned by another without the consent of the owner
or person in possession of the property, at the request of the person
in possession of the real property, any member of the Police Department
within his/her jurisdiction may authorize a service station, towing
operator, salvage dealer, or vehicle repair shop to remove such vehicle
from the property. For purposes of this Section, a person abandons
a vehicle if he/she leaves the vehicle unattended for more than forty-eight
(48) hours, or less if the abandoned vehicle, in the judgment of a
Law Enforcement Officer, constitutes a safety hazard or unreasonably
interferes with the use of the real property by the person in possession.
The Law Enforcement Officer shall have no authority to remove a vehicle
from real property owned by another prior to the expiration of forty-eight
(48) hours after the vehicle is placed on the property or notice given
by the owner of the property, unless the abandoned vehicle, in the
judgment of the Law Enforcement Officer, constitutes a safety hazard
or unreasonably interferes with the use of the real property by the
person in possession. The owner of a vehicle removed as provided in
this Section shall be responsible for payment of all reasonable charges
for towing and storage of such vehicle.
B.
Neither the Law Enforcement Officer nor anyone having custody of
a vehicle under his/her direction shall be liable for any damage to
such vehicle occasioned by a removal authorized by this Section other
than damages occasioned by gross negligence or by willful or wanton
acts or omissions.
C.
Upon the towing of any vehicle under this Section the Law Enforcement
Agency that authorized such towing shall make any 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 Director of Revenue within five (5) working days of
the towing of the vehicle. Such report shall include the following:
1.
The year, model, make and vehicle identification number of the
vehicle;
2.
A description of any damage to the vehicle noted by the Law
Enforcement Officer;
3.
The license number;
4.
The storage location of the towed vehicle;
5.
The name and address of the tower;
6.
The date of the authorization to tow the vehicle; and
7.
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.
D.
The Director of Revenue shall notify the owner and any holder of
a security interest in the 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.
E.
The owner of such 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.
F.
Any person who removes a 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. If the
vehicle is titled in Missouri, such lien shall be enforced in the
following manner:
1.
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 was registered;
2.
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 sixty (60) 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;
3.
Sixty (60) 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. The application shall be accompanied by:
a.
The original or a conformed or photostatic copy of the written
request of the Law Enforcement Officer authorizing the tow;
b.
An affidavit of the lienholder in possession that he/she has
been in possession of the towed vehicle for sixty (60) days and that
the owner has failed to make arrangements for payment of towing and
storage charges;
c.
A copy of the receipt indicating that the owner or lienholder
of record has received the notice required by Subdivision (2) of this
Subsection;
d.
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 sixty (60) days after the date of towing. The inspection certificate
shall be dated to reflect the date of the inspection;
e.
A fee of seven dollars and fifty cents ($7.50).
G.
Upon proof of the foregoing by proper affidavit, the Director of
Revenue shall, if requested, issue a new certificate of title to the
lienholder in possession.
H.
Towing operators, service stations, salvage dealers, or motor vehicle
repair shops which tow or store vehicles according to this Section
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.
I.
This Section shall not apply in cities having ordinances regulating
the removal, sale, and licensing of abandoned vehicles. (RSMo. § 304.157)
[Ord. No. 2.410 § 7, 11-2-1981]
Whenever the Enforcement Officer shall decide to offer impounded
properties for sale, he/she shall publish said sale at least once
in a newspaper published in the City at least five (5) days before
said sale. Such publication shall briefly describe the property and,
where motor vehicles are to be sold, shall give the manufacturer's
name, model and motor number, and specify that motor vehicles shall
be sold only to licensees of salvage business, junk dealers, automobile
repair shops and motor vehicle businesses; that sale shall be made
to the highest qualified bidder for cash at public auction; that no
titles shall be given for motor vehicles sold. The Director of Finance
or the Commissioner of purchases and supplies shall make a report
of sale of motor vehicles to the Director of Revenue of the State
of Missouri, as required by the Statutes of Missouri. It shall be
a misdemeanor to sell or convey title to any motor vehicle which has
been sold by the City under these provisions, or to operate any such
vehicle on the public streets.
[Ord. No. 2.410 § 9, 11-2-1981]
Any person violating the provisions of this Chapter shall, upon conviction, be adjudged guilty of a misdemeanor and be punished according to Section 300.030 of this Title.
