ARTICLE
XVI
ABANDONED
PROPERTY
Sec.
23-381. Definitions.
As used in this article the following terms shall mean:
Abandoned property. Any unattended motor vehicle, trailer,
all-terrain vehicle, out-board motor or vessel removed or subject
to removal from public or private property as provided in this
Article, whether or not operational.
Person. Any natural person, corporation, or other legal
entity.
Right-of-way. The entire width of land between the
boundary lines of a public road or state highway, including any
roadway.
Roadway. That portion of a public road or state highway
ordinarily used for vehicular travel, exclusive of the berm or
shoulder.
Towing company. Any person or entity that tows, removes or
stores abandoned property.
Urbanized area. An area with a population of fifty
thousand (50,000) or more designated by the Bureau of the Census,
within boundaries to be fixed by the state highways and
transportation commission and local officials in cooperation with
each other and approved by the Secretary of Transportation. The
boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designed by the Bureau of the Census.
(1977 Code; Ord. 615)
NOTE:
Section 304.010 RSMo.
Sec.
23-382. Abandoned vehicles prohibited.
No person shall abandon any motor vehicle on the right-of-way
of any public road or state highway or on any private real
property owned by another without his consent. (1977 Code;
Ord. 615)
NOTE:
Section 577.080 RSMo.
Sec.
23-383. Open storage of inoperable vehicles or public
safety hazards prohibited.
The open storage of inoperable vehicles or other vehicles deemed
by the City to constitute a public safety hazard is prohibited.
Nothing in this subsections shall apply to a vehicle which is
completely enclosed within a locked building or locked fenced
area and not visible from adjacent public or private property,
nor to any vehicle upon the property of a business licensed as
salvage, swap, junk dealer, towing or storage facility so long as
the business is operated in compliance with its business license
and the property is in compliance with applicable zoning
ordinances. (Ord. 615)
NOTE:
Section 304.159 RSMo.
Sec.
23-384. Obstructing the flow of traffic prohibited.
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). (1977 Code; Ord. 615,
§1)
NOTE:
Section 304.151 RSMo.
Sec.
23-385. Towing of abandoned property on public real
property.
(a) Any law enforcement officer, or an official
of the City where the City's real property is concerned, may
authorize a towing company to remove to a place of safety:
(1)
Any abandoned property on the right-of-way of:
(A)
Any state highway, or interstate highway or freeway in an
urbanized area of the City, left unattended for ten (10) hours;
(B)
Any state highway, or interstate highway or freeway outside of an
urbanized area of the City, left unattended for more than forty-eight
(48) hours; provided that commercial motor vehicles 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;
(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 23-382
of this Code 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
is required to take 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 owners' 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.
NOTE:
Section 304.155.1 RSMo.
(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 two 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. (1977 Code; Ord. 615,
§1)
NOTE:
Section 304.155.3 RSMo.
Sec.
23-386. Towing of abandoned property on private real
property.
(a) Generally: The City, including the City
Police Department, may tow motor vehicles from real property
which are deemed a public safety hazard pursuant to Section 23-383,
or are derelict, junk, scrapped, disassembled, or otherwise
harmful to the public health. The City shall perform such tow
pursuant to the terms of Section 23-387. When a City agency other
than the Police Department authorizes a tow under this
subsection, it shall report the tow to the Police Department
within two (2) hours with a crime inquiry and inspection report
NOTE:
Section 304.157.2 RSMo.
(b) Towing authorized by City Police Department. If a
person abandons property on any real property owned by another
without the consent of the owner or person in possession of the
real property, at the request of the person in possession of the
real property, any City Police Officer may authorize a towing
company to remove such abandoned property from the property in
the following circumstances:
(1)
The abandoned property is left unattended for more than forty-eight
(48) hours; or
(2)
In the judgment of a Police Officer, the abandoned property
constitutes a safety hazard or unreasonably interferes with the
use of the real property by the person in possession.
NOTE: Section 304.157.1 RSMo
(c) Towing authorized by real property owner,
lessees, or property or security manager:
(1)
The owner of real property or lessee in lawful possession of the
real property or the property or security manager of the real
property may authorize a towing company to remove abandoned
property or property parked in a restricted or assigned area
without authorization by a law enforcement officer only when the
owner, lessee or property or security manager of the real
property is present. A property or security manager must be a
full-time employee of a business entity. An authorization to tow
pursuant to this subsection may be made only under any of the
following circumstances:
(A)
Sign: 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 inch in
height, prohibiting public parking and indicating that
unauthorized abandoned property or property parked in a
restricted or assigned area 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 or twenty-four (24) hour staffed emergency information
telephone number by which the owner of the abandoned property or
property parked in a restricted or assigned area may call to
receive information regarding the location of such owner's
property.
(B)
Unattended or owner-occupied residential property: The
abandoned property is left unattended on owner-occupied
residential property with four residential units or less and the
owner, lessee, or agent of the real property in lawful possession
has notified the City Police Department and ten (10) hours have
elapsed since that notification; or
(C)
Unattended on other private real property: The abandoned
property is left unattended on private real property, and the
owner, lessee or agent of the real property in lawful possession
of real property has notified the City Police Department, and
ninety-six (96) hours have elapsed since that notification.
NOTE:
Section 304.157.4 RSMo.
(2)
Pursuant to this Section, any owner or lessee in lawful
possession of real property that requests a towing company to tow
abandoned property without authorization from a City Police
Officer shall at that time complete an abandoned property report
which shall be considered a legal declaration subject to criminal
penalty pursuant to Section 575.060 RSMo. The report shall be in
the form designed, printed and distributed by the Missouri
Director of Revenue and shall contain the following:
(A)
The year, model, make and abandoned property identification
number of the property, and the owner and any lien-holders, if
known;
(B)
A description of any damage to the abandoned property noted by
owner, lessee or property or security manager in possession of
the real property;
(C)
The license plate or registration number and the state of
issuance, if available;
(D)
The physical location of the property and the reason for
requesting the property to be towed;
(E)
The date the report is completed;
(F)
The printed name, address and telephone number of the owner,
lessee or property or security manager in possession of the real
property;
(G)
The towing company's name and address;
(H)
The signature of the towing operator;
(I)
The signature of the owner, lessee or property or security
manager attesting to the facts that the property has been
abandoned for the time required by this Section and that all
statements on the report are true and correct to the best of the
person's knowledge and belief and that the person is subject to
the penalties for making false statements;
(J)
Space for the name of the law enforcement agency notified of the
abandoned property and for the signature of the law enforcement
official receiving the report; and
(K)
Any additional information the Missouri Director of Revenue deems
appropriate.
NOTE:
Section 304.157.5 RSMo.
(3)
Any towing company that tows abandoned property without
authorization from the City Police Department pursuant to
Subsection (b) of this Section shall deliver a copy of the
abandoned property report to the City Police Department. The copy
may be produced and sent by facsimile machine or other device
which produces a near exact likeness of the print and signatures
required, but only if the City Police Department has the
technological capability of receiving such copy and has
registered the towing company for such purpose. The report shall
be delivered within two (2) hours if the tow was made from a
signed location pursuant to Subsection (c)(1)(A) of this Section,
otherwise the report shall be delivered within twenty-four (24)
hours.
NOTE:
Section 304.157.6 RSMo.
(4)
The City Police Department, after receiving such abandoned
property report, shall record the date on which the abandoned
property report is filed with the Police Department and shall
promptly make an inquiry into the national crime information
center (NCIC) and any statewide
NOTE:
Section 304.157.7 RSMo.
(5)
The City Police Department, after receiving notification that a
towing company has towed abandoned property, shall search the
records of the Missouri Department of Revenue and provide the
towing company with the latest owner and lien-holder information
on the abandoned property. If the abandoned property is not
claimed within ten (10) working days, the towing company shall
send a copy of the abandoned property report signed by a law
enforcement officer to the Department of Revenue.
NOTE:
Section 304.157.8 RSMo.
(6)
No owner, lessee, or property or security manager of real
property shall knowingly authorize the removal of abandoned
property in violation of this section.
NOTE:
Section 304.157.9 RSMo.
(d) Any owner of any private real property causing
the removal of abandoned property from that real property shall
state the grounds for the removal of the abandoned property if
requested by the registered owner of that abandoned property. Any
towing company that lawfully removes abandoned property from
private property with the written authorization of the property
owner or the property owner's agent who is present at the time of
removal shall not be held responsible in any situation relating
to the validity of the removal. Any towing company that removes
abandoned property at the direction of the landowner shall be
responsible for:
(1)
Any damage caused by the towing company to the property in the
transit and subsequent storage of the property; and
(2)
The removal of property other than the property specified by the
owner of the private real property from which the abandoned
property was removed.
NOTE:
Section 304.158.2 RSMo.
(e) The owner of abandoned property removed from
private real property may recover for any damage to the property
resulting from any act of any person causing the removal of, or
removing, the abandoned property.
NOTE:
Section 304.158.3 RSMo.
(f) Any owner of any private real property
causing the removal of abandoned property parked on the property
is liable to the owner of the abandoned property for double the
storage or towing charges whenever there has been a failure to
comply with the requirements of this Article.
NOTE:
Section 304.158.4 RSMo.
(g) Except for the removal of abandoned property
authorized by the City Police Department pursuant to this
Section, a towing company shall not remove or commence the
removal of abandoned property from private real property without
first obtaining written authorization from the real property
owner. The towing company shall maintain all written
authorizations for at least one (1) year General authorization to
remove or commence removal of abandoned property at the towing
company's discretion shall not be delegated to a towing company
or its affiliates except in the case of abandoned property
unlawfully parked within fifteen (15) feet of a fire hydrant or
in a fire lane designated by a fire department or the state fire
marshal.
NOTE:
Section 304.158.8 RSMo.
(h) Any towing company, or any affiliate of a towing
company, which removes, or commences removal of, abandoned
property from private property without first obtaining written
authorization from the property owner or lessee, or any employee
or agent thereof, who is present at the time of removal or
commencement of the removal, except as permitted in subsection (g)
of this Section, is liable to the owner of the property for four
(4) times the amount of the towing and storage charges, in
addition to any applicable ordinance violation penalty, for a
violation of this Section. (1977 Code; Ord. 615, §1)
NOTE: Section
304.158.9 RSMo.
(a) Any person who purchases or is the owner of real property on which vehicles,
as defined in section 301.011, RSMO, vessels or watercraft, as defined in section
306.010, RSMO, or outboard motors, as that term is used in section 306.530,
RSMO, have been abandoned, without the consent of said purchaser or owner of
the real property, may apply to the department of revenue for a certificate
of title. Prior to making application for a certificate of title the owner of
the real estate shall have the vehicle inspected by law enforcement pursuant
to subsection 9 of section 301.190, RSMO, and shall have law enforcement perform
a check in the national crime information center and any appropriate statewide
law enforcement computer to determine if the vehicle has been reported stolen
and the name and address of the person to whom the vehicle was last titled and
any lienholders of record. The owner or purchaser of the real estate shall,
thirty days prior to making application for title, notify any owners or lienholders
of record for the vehicle by certified mail that the owner intends to apply
for a certificate of title from the director for the abandoned vehicle. The
application for title shall be accompanied by:
(1) A statement explaining the circumstances by which the abandoned property
came into the owner or purchasers possession; a description of the abandoned
property including the year, make, model, vehicle identification number and
any decal or license plate that may be affixed to the vehicle; the current location
of the abandoned property; and the retail value of the abandoned property;
(2) An inspection report of the abandoned property by a law enforcement agency
pursuant to subsection 9 of section 301.190, RSMO; and
(3) A copy of the thirty-day notice and certified mail receipt mailed to any
owner and any person holding a valid security interest of record.
Note: Section 301.193.1 RSMo
(b) Upon receipt of the application and supporting documents, the director shall
search the records of the department of revenue, or initiate an inquiry with
another state, if the evidence presented indicated the abandoned property was
registered or titled in another state, to verify the name and address of any
owners and any lienholders. If the latest owner or lienholder was not notified
the director shall inform the owner or purchaser of the real estate of the latest
owner and lienholder information so that notice may be given as required by
subsection (a) of this section. Any owner or lienholder receiving notification
may protest the issuance of title by, within the thirty-day notice period and
may file a petition to recover the vehicle, naming the owner of the real estate
and serving a copy of the petition on the director of revenue. The director
shall not be a party to such petition but shall, upon receipt of the petition,
suspend the processing of any further certificate of title until the rights
of all parties to the vehicle are determined by the court. Once all requirements
are satisfied the director shall issue one of the following:
(1) An original certificate of title if the vehicle examination certificate,
as provided in section 301.190, RSMO, indicates that the vehicle was not previously
in a salvaged condition or rebuilt;
(2) An original certificate of title designated as prior salvage if the vehicle
examination certificate as provided in section 301.190, RSMO, indicates the
vehicle was previously in a salvaged condition or rebuilt;
(3) A salvage certificate of title designated with the words "salvage/abandoned
property" or junking certificate based on the condition of the abandoned
property as stated in the inspection report. (Ord. 752)
Note: 301.193.2 RSMO.
Sec.
23-387. General Provisions and procedures.
(a) The owner of abandoned property removed as
provided in this Article shall be responsible for payment of all
reasonable charges for towing and storage of such abandoned
property as provided in Section 23-388.
NOTE:
Section 304.155.5 RSMo.
(b) Upon the towing of any abandoned property
pursuant to Section 23-385 or under authority of a law
enforcement officer or local government agency pursuant to
Section 23-386 the City Police Department, where it authorized
such towing or was properly notified by another government 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 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 copy
of the report to the storage facility and one copy to the towing
company. A towing company 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 lien-holders, 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
(8)
The signature and printed name of the law enforcement officer
authorizing the tow and the towing operator; and
(9)
Any additional information the Missouri Director of Revenue deems
appropriate.
(c) 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.
NOTE:
Section 304.155.6 RSMo.
(d) If a lien-holder 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
NOTE:
Section 304.155.11 RSMo.
(e) Any towing company which comes into possession of
abandoned property pursuant to this Article and who claims a lien
for recovering, towing or storing abandoned property shall give
notice to the title owner and to all person 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 lien-holder 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) 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 lien-holder or 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 where 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 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) The owner of the abandoned property removed
pursuant to this Article 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.
(h) Notice as to the removal of any abandoned
property pursuant to this Article shall be made in writing within
five (5) working days to the registered owner and any lien-holder
of the fact of the removal, the grounds for the removal, and the
place to which the property has been removed by either.
(1)
The public agency authorizing the removal; or
(2)
The towing company, where authorization was made by an owner or
lessee of real property.
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.
NOTE:
Section 304.158.1 RSMo.
(i) 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 side of the truck, wrecker or other vehicle used in
this towing.
NOTE:
Section 304.158.5 RSMo.
(j) Persons operating or in charge of any
storage facility where the abandoned property is stored pursuant
to this Article shall accept cash for payment of towing and
storage by a registered owner or the owner's agent claiming the
abandoned property. (1977 Code; Ord. 615, §1)
Sec.
23-388. Maximum charges.
(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 that 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 Article.
NOTE:
Section 304.156.2 RSMo.
(b) The City Council may from time to time establish
maximum reasonable towing, storage and other charges that can be
imposed by towing and storage companies operating within the
City, and which are consistent with this Article 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 deemed guilty of a misdemeanor.
NOTE:
304.158.10 RSMo.
(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 Article 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. (1977 Code; Ord. 615, §1)
NOTE:
Section 304.158.6 RSMo.
Sec.
23-389.
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 provision of
Section 301.218 RSMo. or Section 301.560 RSMo., or for any other
person. (1977 Code; Ord. 615, §1)
NOTE:
Section 304.156 RSMo.
Sec.
23-390. Penalty.
Any person violating any provision of this Article shall be
deemed guilty of a misdemeanor.. (Ord. 210, §4; 1977
Code; Ord. 615, §1)
Secs.
23-391 to 23-395. Reserved.