No person shall abandon any motor vehicle or trailer on the right-of-way of any public road or State highway as set out in Section 217.020 of this Code.
[1]
State Law Reference: For similar provisions,
§ 577.080, RSMo.
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. Any person who fails to comply with the requirements
of this Section 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 fifty dollars ($50.00).
[1]
State Law Reference: For similar provisions,
§ 304.151, RSMo.
A.
Any Law Enforcement Officer or an official
of the City, within the officer's or official's jurisdiction, 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 of the City left unattended for ten (10) hours,
or immediately if a Law Enforcement Officer determines that the abandoned
property is a serious hazard to other motorists;
b.
Any interstate highway or freeway
outside of an urbanized area of the City left unattended for twenty-four
(24) hours, or after four (4) hours if a Law Enforcement Officer determines
that the abandoned property is a serious hazard to other motorists;
c.
Any State highway, other than an
interstate highway or freeway outside of an urbanized area, left unattended
for more than twenty-four (24) hours;
provided that commercial motor vehicles referred to in Subsection (A)(1)(a) through (c) not hauling waste designated as hazardous under 49 U.S.C. § 5103(a) may only be removed under this Section to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice; or
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d.
Any State highway, other than an
interstate highway or freeway in an urbanized area, left unattended
for more than ten (10) hours.
2.
Any unattended abandoned property
illegally left standing upon any highway 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 390.010 herein or 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 takes 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.
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.
9.
Any abandoned property for which
the person operating such property or vehicle eludes arrest for an
alleged offense for which the officer would have taken the offender
into custody.
B.
When the City Police Department authorizes
a tow pursuant to this Section in which the abandoned property is
moved from the immediate vicinity, it shall complete a crime inquiry
and inspection report.
C.
Any City agency other than the City Police
Department authorizing a tow under this Section where property is
towed away from the immediate vicinity shall report the tow to the
City Police Department within two (2) hours of the tow, along with
a crime inquiry and inspection report.
[1]
State Law References: For similar provisions,
§§ 304.155.1(2009), 304.155.3, RSMo.
A.
Payment Of Charges. 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 Section 390.050.
B.
Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 390.030 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 217.040, the City Police Department, where it authorized such towing or was properly notified by another governmental agency of such towing, shall promptly make an inquiry with the National Crime Information Center (NCIC) 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 tower who has online access to the Department of Revenue's records shall make an inquiry to determine the abandoned property owner and lienholder, if any, of record. In the event that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the tower shall comply with the requirements of Subsection (3) of Section 304.156, RSMo. If the tower does not have online access, the City Police Department shall submit a crime inquiry and inspection report to the Missouri Director of Revenue. The City Police Department shall also provide one (1) copy of the report to the storage facility and one (1) copy to the towing company. A towing company that does not have online access to the Department's records and that is in possession of abandoned property after ten (10) working days shall report such fact to the City Police Department. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:
1.
The year, model, make and property
identification number of the property and the owner and any lienholders,
if known;
2.
A description of any damage to the
property noted by the Law Enforcement Officer authorizing the tow;
3.
The license plate or registration
number and the State of issuance, if available;
4.
The storage location of the towed
property;
5.
The name, telephone number and address
of the towing company;
6.
The date, place and reason for the
towing of the abandoned property;
7.
The date of the inquiry of the National
Crime Information Center, any statewide Missouri law enforcement computer
system, and any other similar system which has titling and registration
information to determine if the abandoned property had been stolen.
This information shall be entered only by the City Police Department;
8.
The signature and printed name of
the Law Enforcement Officer authorizing the tow;
9.
The name of the towing company, the
signature and printed name of the towing operator, and an indicator
disclosing whether the tower has online access to the Department's
records; and
10.
Any additional information the Missouri
Director of Revenue deems appropriate.
C.
Reclaiming Property. 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.
D.
Lienholder Repossession. If a lienholder
repossesses any motor vehicle, trailer, all-terrain vehicle, outboard
motor or vessel without the knowledge or cooperation of the owner,
then the repossessor shall notify the City Police Department within
two (2) hours of the repossession and shall further provide the Police
Department with any additional information the Police Department deems
appropriate. The City 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.
E.
Notice To Owner/Tow Lien Claim. Any towing
company which 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 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 Missouri Department of Revenue pursuant to
Section 304.156, RSMo., 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.
F.
Physical Search Of Property. In the event
that the Missouri Department of Revenue notifies the towing company
that the records of the Department of Revenue fail to disclose the
name of the owner or any lienholder of record, the towing company
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 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.
G.
Petition In Circuit Court. The owner of the abandoned property 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 Subsection (E) 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.
H.
Notice To Owner.
1.
Notice as to the removal of any abandoned
property pursuant to this Chapter 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:
2.
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.
I.
Tow Truck Requirements. 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.
J.
Storage Facilities. Persons operating or
in charge of any storage facility where the abandoned property is
stored pursuant to this Chapter shall accept cash for payment of towing
and storage by a registered owner or the owner's agent claiming the
abandoned property.
K.
Disposition Of Towed Property. Notwithstanding
the provisions of Section 301.227, RSMo., any towing company who has
complied with the notification provisions in Section 304.156, RSMo.,
including notice that any property remaining unredeemed after thirty
(30) days may be sold as scrap property, may then dispose of such
property as provided in this Subsection. Such sale shall only occur
if at least thirty (30) days have passed since the date of such notification,
the abandoned property remains unredeemed with no satisfactory arrangements
made with the towing company for continued storage, and the owner
or holder of a security agreement has not requested a hearing as provided
in Section 304.156, RSMo. The towing company may dispose of such abandoned
property by selling the property on a bill of sale as prescribed by
the Director of Revenue to a scrap metal operator or licensed salvage
dealer for destruction purposes only. The towing company shall forward
a copy of the bill of sale provided by the scrap metal operator or
licensed salvage dealer to the Director of Revenue within two (2)
weeks of the date of such sale. The towing company shall keep a record
of each such vehicle sold for destruction for three (3) years that
shall be available for inspection by law enforcement and authorized
Department of Revenue officials. The record shall contain the year,
make, identification number of the property, date of sale, and name
of the purchasing scrap metal operator or licensed salvage dealer
and copies of all notifications issued by the towing company as required
in this Chapter. Scrap metal operators or licensed salvage dealers
shall keep a record of the purchase of such property as provided in
Section 301.227, RSMo. Scrap metal operators and licensed salvage
dealers may obtain a junk certificate as provided in Section 301.227,
RSMo., on vehicles purchased on a bill of sale pursuant to this Section.
[1]
State Law References: For similar provisions,
§§ 304.155.5 and 304.155.6 (2004), 304.155.11 and 304.155.12(2004),
304.158.1, 304.158.5, 304.158.7, RSMo.
A.
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.
B.
The Board of Aldermen 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 City, and which are consistent with this Chapter and with Sections 304.155 to 304.158, RSMo. Any violation of said established maximum charges shall be deemed a violation of this Section of the Code and shall be punishable pursuant to Section 100.220.
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 abandoned property at the request of the owner of private
real property or that owner's agent pursuant to this Chapter if the
owner of the abandoned property or the owner's agent returns to the
abandoned property before it is removed from the private real property.
The regular towing charge may only be imposed after the abandoned
property has been removed from the property and is in transit.
[1]
State Law References: For similar provisions,
§§ 304.156.2, 304.158.6, 304.158.10, RSMo.
When the City has physical possession
of the abandoned property, it may sell the abandoned property in accordance
with its established provisions and regulations and may transfer ownership
by means of a bill of sale signed by the City Clerk and sealed with
the official City 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.
[1]
State Law Reference: For similar provisions,
§ 304.156, RSMo.