[Ord. No. 2023-26, 8-14-2023]
As used in this Article, the following words shall have the
meanings as set out herein:
A place whereby such vehicle or vehicles may not be seen
from a public sidewalk, thoroughfare or any residential use property.
If such vehicle is stored on residential property, the term "appropriate
storage place" may include covering such vehicle with a factory manufactured,
single color car cover designed by the manufacturer to be used as
a car cover, provided that said car cover is not torn and is in otherwise
good condition, entirely covers such vehicle and that not more than
one (1) vehicle is stored in such manner on any one (1) parcel of
residential property.
The City of Overland, Missouri, or its duly authorized agents.
The owner or occupant of any private real property on which
a nuisance vehicle is situated.
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.
Any vehicle which:
Is not registered or is improperly registered with the State
of Missouri, as required by Chapter 301, RSMo. (Registration and Licensing
of Vehicles), and/or Chapter 307, RSMo. (Vehicle Equipment Regulations);
Has been abandoned on any private property owned by another
without the consent of the owner or person in possession of the property;
Has been inoperable on public property for more than seventy-two
(72) hours; or
Is in such a state of repair as to be inoperable, except for
those vehicles located on the premises of:
Any person, firm, partnership, co-partnership, corporation,
or other organization of any kind.
Any land owned by the City or located within the City limits,
not including streets and highways.
The entire area between the boundary lines of every publicly
maintained right-of-way when any part thereof is open to the use of
the public for purposes of vehicular travel.
Any machine propelled by power other than human power designed
to travel along the ground by use of wheels, treads, runners, or slides,
including, but not limited to, automobiles, trucks, trailers, motorcycles,
tractors, buggies and wagons, or any part thereof.
[Ord. No. 2023-26, 8-14-2023]
A.
Any nuisance vehicle, part thereof, or debris, which is located on
any property, street, or highway, and any vehicle, part thereof, or
debris which either:
1.
Presents a hazard to children;
2.
Harbors tall grass, weeds, or other vegetation;
3.
Creates a fire hazard; or
4.
Affords a breeding place or nesting place for mosquitoes, flies,
rodents, rats, or other vermin;
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is hereby declared to be a nuisance vehicle affecting the public
health, safety and/or welfare.
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[Ord. No. 2023-26, 8-14-2023]
No person shall cause, permit or maintain such a nuisance vehicle, nor shall any person fail or refuse to abate or remove such a nuisance vehicle within the time required by the City as provided in Section 225.030 of this Article. Each day of violation shall be deemed a separate offense.
[Ord. No. 2023-26, 8-14-2023]
A.
The City is hereby authorized to remove or cause to be removed any
vehicle from any street or highway without providing the owner with
prior notification or an opportunity to be heard under the emergency
circumstances hereinafter enumerated:
1.
When the vehicle poses a real and imminent danger or hazard
to the safety of others or a menace to a traffic by being situated
upon a street or highway without being competently attended; or although
attended, when the person in charge thereof fails or refuses to remove
such upon request. For the purpose of this provision, in addition
to any other situation meeting this criteria, a vehicle is hereby
declared to pose an imminent danger or hazard to the safety of others
or a menace to traffic when it is:
a.
Situated upon any bridge, viaduct or cause-way or in any tube,
tunnel or underpass;
b.
Situated in any lane designated for the movement of traffic,
including a curb lane in which parking is prohibited;
c.
Situated, during such hours, in any area in which parking is
prohibited during certain hours for the purpose of accommodating periods
of peak (or rush hour) traffic.
B.
When the vehicle is situated on or about a street or highway so as
to impede snow removal operations or construction, repair and maintenance
services conducted or authorized by the City.
C.
When the operator of a vehicle is disabled or arrested and there
is no other person reasonably available to take custody of the vehicle
and there is no reasonably safe place to leave the vehicle.
D.
When the vehicle which has been reported as stolen or taken without
the consent of the owner.
E.
When the vehicle poses a menace to traffic or a hazard to the safety
of others, or prevents access for construction purposes, by being
so situated on City property as to block or restrict ingress or egress
to the property or a portion thereof.
F.
When the vehicle so situated on City property as to inhibit or prevent
the use of the property for an event approved by the City.
[Ord. No. 2023-26, 8-14-2023]
A.
Whenever the City removes or causes to be removed a vehicle on public
property in an emergency scenario, as authorized in this Article,
and the City knows or is able to ascertain the name and address of
the owner by accessible information contained on the vehicle, together
with any reasonably accessible records, the City shall immediately
give or cause to be given notice in writing to the owner.
C.
In the event the City does not know and is unable to ascertain the
name and address of the owner, or for any other reason is unable to
give notice as herein prescribed, and in the event the vehicle is
not restored to the owner's possession within a period of three
(3) days, the officer shall immediately mail or cause to be mailed
a written report of the removal to the State agency whose duty it
is to register motor vehicles. The notice shall include a complete
description of the vehicle, the date, time and place of removal, the
reasons for the removal and the name of the garage or place where
the vehicle is stored. A copy of any such notice shall be filed with
the proprietor of said garage.
[Ord. No. 2023-26, 8-14-2023]
A.
The City is hereby authorized to remove or cause to be removed any
vehicle from any street or highway upon providing the owner with prior
notification and an opportunity to be heard. Such removal of vehicles
shall occur in compliance with the timelines provided under Missouri
law, including Chapter 304, RSMo.
B.
Whenever any vehicle is parked or stopped on public property in violation of any City or County ordinance or State Statute and the circumstances of the vehicle's location do not warrant an emergency tow as authorized by Section 225.130 herein, the City shall conspicuously affix to the vehicle a notice in writing, which notice shall in addition be mailed to the registered owner of the vehicle, if the owner may be ascertained from the accessible information contained on the vehicle together with the official vehicle registration records.
C.
The notice shall provide the following information:
1.
The Statute or ordinance violated;
2.
An order directing the removal of the vehicle within ten (10)
days of the date of the notice;
3.
A statement of the owner's right to a hearing;
4.
The procedure for obtaining a hearing;
5.
A statement of the right to be represented by counsel at the
hearing; and
D.
Within seventy-two (72) hours of the removal of such vehicle, the
City shall give notice to the Director of Revenue of the State of
Missouri and to the registered owner of the vehicle, if ascertainable,
that the vehicle has been impounded and stored for violation of this
Article. The notice shall describe the vehicle and give the location
where the vehicle is stored and shall state that the owner will be
charged with the cost of removal and storage.
[Ord. No. 2023-26, 8-14-2023]
A.
If the person abandons property on any private property owned by
another without the consent of the owner or person in possession of
the property, the abandoned property can be removed at the request
of the person in possession of the real property by contacting any
member of the Missouri State Highway or Water Patrol, Sheriff, or
other Law Enforcement Officer within his/her jurisdiction. The appropriate
Law Enforcement Officer may authorize a towing company to remove such
abandoned property in the following situations:
B.
The owner of private property or lessee in lawful possession of the
real property may authorize a towing company to remove abandoned property
without authorization by a Law Enforcement Officer only when the owner,
lessee or agent of the real property is present and only in the following
circumstances:
1.
There is displayed, in plain view at all entrances to the property,
a sign not less than seventeen (17) by twenty-two (22) inches in size,
with lettering not less than one (1) inch in height, prohibiting public
parking and indicating that unauthorized abandoned property will be
removed at the owner's expense, disclosing the maximum fee for
all charges related to towing and storage and containing the telephone
number of the local traffic Law Enforcement Agency where information
can be obtained;
2.
The abandoned property is on private property and lacks an engine,
transmission, wheels, tires, doors, windshield or any other major
part or equipment necessary to operate safely on the highways; the
owner or lessee of the private property has notified the City Police
Department, and ninety-six (96) hours have elapsed since that notification;
or
3.
The abandoned property is left unattended on private property,
and the owner, lessee or agent of the real property in lawful possession
of real property has notified the appropriate Law Enforcement Agency,
and ten (10) days have elapsed since that notification.
[Ord. No. 2023-26, 8-14-2023]
B.
Within seventy-two (72) hours of the removal of a nuisance vehicle
from private property, the City shall give notice to the owner thereof,
if ascertainable, the custodian, if any, and the Missouri Director
of Revenue, if applicable, that the property in question was impounded
and stored for violation in this Article. The notice shall describe
the property, give the location where the property is stored and state
that the owner and custodian shall be charged with the costs of removal
and storage.
[Ord. No. 2023-26, 8-14-2023]
A.
The Chief of Police or any member of his/her department designated
by him/her is required to 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. The department must then enter the abandoned property information
into the Statewide computer system, subject to the following guidelines:
1.
If the department knows the registered owner or lienholder,
the agency must notify the owner and lienholder in writing, within
five (5) working days, that the abandoned property was towed, the
reason for the tow, and the storage location of the abandoned property.
A copy of the notice must be given to the operator of the storage
facility. The notice must include the mileage of the vehicle at the
time of removal.
2.
The department must also submit a complete Crime Inquiry and
Inspection Report/Authorization to Tow Report, DOR-4569, regarding
any unclaimed or otherwise abandoned property, to the Director of
Revenue's Motor Vehicle Bureau within ten (10) working days of
authorizing the towing. A copy must be issued to the tow operator
for that company's record as proof of authorization to tow the
abandoned vehicle. The inspecting officer must document the following
information on the report:
a.
The year, model, make and identification number of the abandoned
property;
b.
A description of any damage to the abandoned property;
c.
The license plate or registration number and the State of issuance,
if available;
d.
The storage location of the towed abandoned property;
e.
The name, telephone number and address of the towing company;
f.
The date, time, place and reason for the towing of the abandoned
property.
3.
Neither the Law Enforcement Officer nor anyone having custody
of abandoned property under his/her direction shall be liable for
any damage to such abandoned property, other than damages occasioned
by negligence or by willful or wanton acts or omissions.
4.
One (1) copy of the Crime Inquiry and Inspection Report shall
remain with the department which authorized the tow. One (1) copy
shall be provided to and retained by the storage facility and one
(1) copy shall be retained by the towing facility in an accessible
format in the business records for a period of three (3) years from
the date of the tow or removal.
[Ord. No. 2023-26, 8-14-2023]
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 otherwise lost, stolen, or unclaimed.
Such vehicle shall be impounded until lawfully claimed or disposed
of.
[Ord. No. 2023-26, 8-14-2023]
In addition to the remedial provisions set forth in this Chapter and in order to protect, promote, and preserve the public health and safety, no person shall cause, permit, or maintain the existence of a nuisance vehicle, or shall fail or refuse to abate or remove a nuisance vehicle within the time required by this Article. Each day that a nuisance vehicle shall be maintained constitutes a separate offense. Any person found guilty of violating this Article shall be punished as provided in Section 100.150 of this Code. As a condition to any probation granted the Municipal Judge may order such person to reimburse the City for its costs incurred in removing and storing the offensive property.
