Missouri
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City of Clarkson Valley Missouri |
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Cross References─As
to offenses, ch. 210.
In addition to any other act
declared to be a nuisance by this Code or other ordinances of the City,
nuisances are hereby defined and declared to be as follows:
1.
Any act done or committed, or suffered to be done or committed, by any
person, or any substance or thing kept, maintained, placed or found in or upon
any public or private place which is annoying or damaging or injurious or
dangerous to the public health or public safety or public welfare.
2.
Any business carried on or pursuit followed or act done by any person
to the hurt, injury, annoyance, inconvenience or damage of the public or any
member of the public.
3.
Any slaughterhouse in the City, or within one-half (½) mile from the
corporate limits thereof, permitted by the person owning or having charge of
the same to be in such condition as to become offensive, annoying, or
injurious to the public health.
4.
Any pond or pool of unwholesome, offensive or stagnant water upon any
premises and any foul or dirty water or liquid when discharged through any
drain, pipe or spout, or thrown into or upon any street, thoroughfare or
premises to the injury and annoyance of the public.
5.
Any privy or private vault kept in such a condition as to emit
offensive, noxious or disagreeable odor, and any substance emitting an
offensive, noxious, unhealthy or disagreeable effluvium in the neighborhood
where it exists. Any carcass of a
dead animal which the owner or keeper permits to remain within the City limits
exceeding twenty (20) hours after death.
6.
Confining or keeping within the City any animals or fowl in any unclean
or filthy pen, shed or other enclosure so as to be a nuisance.
7.
The keeping of hogs.
8.
The keeping of horses, mules, sheep, goats, or other livestock animals
in or under any dwelling.
9.
Any cellar, vault, private drain, pool, privy, sewer or sink, upon any
premises permitted to become nauseous, foul, offensive or injurious to the
public health.
10.
Any bawdy house, or building or room to which persons are allowed or
permitted by the owner, keeper or occupant to resort for the purpose of
prostitution.
11.
The abandonment, neglect, or disregard of any premises so as to permit
the premises to become unclean,
with an accumulation of litter or waste thereon, or to permit the premises to
become unsightly, unsanitary, or obnoxious or a blight to the vicinity, or
offensive to the senses of users of the public way abutting the premises and
so to continue for a period longer than ten (10) days.
12.
The maintenance, within the City of any well or cistern, the water of
which is shown by chemical analysis to be of an impure or unwholesome nature
or any unused well or cistern not covered, filled or securely covered.
13.
Any violation of this Code which, if continued, is liable to endanger,
annoy or injure the public.
14.
Every act or thing done or made, permitted, maintained, allowed or
continued on any property, public or private, by any person, his/her agent or
employee which is liable to or does endanger, annoy, damage or injure any
person or any inhabitant of the City or any property of said person or
inhabitant.
15.
Direct, arrange or use exterior lighting in residential areas which
glares, or is unusually directed or projects in excess of one-fourth (¼)
footcandle onto adjacent residential property, thereby adversely affecting the
use and enjoyment of those persons who own, occupy or use the adjacent
property. This Paragraph shall
not apply to:
a.
Lights owned or operated by any residential subdivision within the City
or by any political subdivision of this State.
b.
Lights used during the holiday season commencing on Thanksgiving, the
fourth (4th) Thursday in November, and ending January eighth (8th) in each
year, commonly known as seasonal holiday lights.
16.
The keeping on any property, street or highway for a period longer than
ten (10) days of any abandoned vehicle, or parts thereof, defined as:
a.
A vehicle, or parts thereof, which does not have displayed thereon a
permanent license plate or set of plates issued for that vehicle indicating
current registration by one of the United States or its Territories; and
b.
For which no reasonable arrangements have been made with the owner or
occupant of the premises on which it is located for its storage; or
c.
The owner has reasonably indicated by his/her words or actions his/her
intent to leave the same and no longer claims ownership thereof.
17.
The keeping on any property, street or highway for a period longer than
ten (10) days of any derelict vehicle, or parts thereof, defined as:
a.
Any partially dismantled vehicle.
b.
Any non-operating vehicle.
c.
Any wrecked or junked vehicle.
18.
The parking for longer than seventy-two (72) consecutive hours on any
area, street, driveway or any other place or location within the City, except
in an enclosed garage, of any motorcycle, boat, trailer, truck, camper,
recreational vehicle, off-road vehicle or other motor vehicle, except an
automobile, non-commercial van or non-commercial pick-up truck which is used
as a passenger vehicle. (CC 1990
§12-26; Code 1977 §17.410; Ord. No. 91-6 §2, 3-5-91; Ord. No. 92-16 §2,
8-11-92; Ord. No. 94-14 §§2─3, 12-6-94; Ord. No. 97-01 §2, 1-7-97)
No person shall permit, cause, keep,
maintain or create within the City any nuisance, as defined by State laws or
City ordinances. This shall not
be construed to interfere with any existing farm operation.
(CC 1990 §12-27; Code 1977 §17.410)
A.
If the City Officer responsible for enforcement of this Article has
reason to believe that a nuisance is being maintained within the City, such
officer shall notify the person causing, maintaining or permitting the same to
forthwith remove, terminate or abate such nuisance within a reasonable time as
determined by such officer after consideration of the nature of the nuisance
and the actions necessary to remedy the situation.
Such notice shall be given by first class United States mail or by
posting a copy thereof on the property involved, and shall include a statement
of the condition constituting such nuisance and those actions necessary to
remove, terminate or abate same.
B.
Should the person so notified fail to remove, terminate or abate such
nuisance within the time specified by such officer, the officer may cause the
same to be promptly removed, terminated or abated and thereafter certify the
cost of such corrective action to the City Clerk, who shall cause a special
tax bill to be issued in that amount against the property from which the
nuisance was removed, terminated or abated, the same to be collected by the
City Collector with other taxes assessed against the property.
The special tax bill shall be a first lien against the property until
paid and shall be prima facie evidence of the recitals thereof and of its
validity. No mere clerical error or informality in such lien or in the
proceedings leading to its issuance shall be a defense thereto.
Such tax bill shall bear interest at the rate of six percent (6%) per
annum if not paid within thirty (30) days after issuance.
C.
Nothing in this Section shall limit the right of the City to seek any
other remedy available under the provisions of this Chapter or provided
elsewhere in this Code in addition to or in lieu of the remedy specified
herein. (CC 1990 §12-28; Code
1977 §17.410)
A.
The City shall make a complaint before the Municipal Judge against any
person who fails to remove or abate a nuisance, whether the notice required by
this Article has been served or not.
B.
Any person interested in the removal or abatement of any nuisance may
make a complaint before the Municipal Judge.
(CC 1990 §12-29; Code 1977 §17.410)
A.
Following a complaint of a nuisance under Section 215.040 the Municipal
Judge shall summon the owner or occupant of the property before him/her to
answer the complaint.
B.
The Municipal Judge shall have jurisdiction of the case and proceed in
all respects as in other cases of violation of this Code.
(CC 1990 §12-30; Code 1977 §17.410)
It shall be unlawful for any person,
or any officer, agent, or employee of any corporation, within this City, to
cause or maintain any nuisance defined in this Article, or in any other
ordinance of this City, and it shall be unlawful for any person to fail or
refuse to abate or remove the same within the time required and specified in
the notice of the officer responsible for enforcement of this Article.
Upon conviction, such person shall be punished as provided in Section
100.100, and every day such nuisance is maintained after such notice shall
constitute a separate and distinct offense.(CC 1990 §12-31; Code 1977 §17.410)
Nothing in the preceding Sections
shall be construed as abandoning or limiting the City's right to bring a civil
cause of action for all expenses attending the abatement of a nuisance when
performed by the City in the Circuit Court of St. Louis County, Missouri, 21st
Judicial Circuit, in the name of the City against the person maintaining,
keeping, creating or refusing to abate the nuisance so abated.
(CC 1990 §12-32; Ord. No. 94-10 §2,7-5-94)
Russian, Canadian or common thistle,
wild lettuce, wild mustard, wild parsley, ragweed, milkweed, ironweed,
poisonous plants or shrubs, and all other weeds, grasses and non-arboreal
vegetation which have attained a height of twelve (12) inches or more, growing
or being upon any property for which a subdivision plat has been recorded in
accordance with law in the City is hereby declared to be a public nuisance.
(CC 1990 §8-126; Code 1977 §12.080(1); Ord. No. 89-4 §1, 3-7-89; Ord.
No. 95-09 §2, 7-5-95)
A.
When the Director ascertains that noxious weeds and vegetation as set
forth in Section 215.080 are growing on any property as described in Section
215.080, he may cause a notice to be directed to the owner or other person in
control of such lot or land that noxious weeds or other vegetation are growing
thereon and must be destroyed by any of the methods set forth in Section
215.083, and that such destruction must be begun within seven (7) days after
such notice is served and be completed within fifteen (15) days after such
notice. The notice to the owner or other person in control of such lot or land
shall be served in any one (1) of the following ways:
1.
By causing such notice to be delivered to such owner, agent, occupant
or other person in control either in the City or elsewhere.
2.
By posting a copy of such notice upon the property in question, such
notice to be deemed served at the end of twenty-four (24) hours after the
posting thereof.
3.
By mailing such notice or copy thereof enclosed in a sealed envelope,
postage prepaid, directed to such owner or other person in control of said
property, either at his place of business or residence in the City or
elsewhere, such notice to be deemed served twenty-four (24) hours after the
mailing of such notice in case it is directed to the business or residence
address of the owner or other person in control of such property, provided
that if the owner or other person in control of such property be non-residents
of the City, and have no addresses, then the notice shall be deemed served at
the end of such period after the mailing thereof as in the ordinary course of
transmission of the mail by the United States Government would be required,
for the receipt of such notice by the owner or other person in control of such
land at their place of residence. (CC 1990 §8-127; Code 1977 §12.080(5); Ord.
No. 89-4 §1, 3-7-89)
Every owner, occupant or person in
control of any property described in Section 215.080 shall cause such property
to be kept free from such noxious weeds or vegetation by destroying them by
spraying with a chemical compound, approved by the Director or his duly
authorized agent, or by cutting or digging under, or any other method approved
by the Director or his duly authorized agent.
(CC 1990 §8-128; Code 1977 §12.080(2); Ord. No. 89-4 §1, 3-7-89)
All debris of any and all kinds and
varieties, including, but not limited to, weed cuttings, shall be removed from
the property. (CC 1990 §8-129;
Code 1977 §12.080(3); Ord. No. 89-4 §1, 3-7-89)
If the owner or other person in
control of any lot or land mentioned in Section 215.080 fails to comply with
such notice, the Director shall cause such noxious weeds to be destroyed by
one (1) of the methods set forth in Section 215.083. The Director shall have
the right to enter upon property on which noxious weeds are growing for the
purpose of enforcing this Article, and may use any suitable means of
assistance for the purpose of destroying such weeds as described in Section
215.080, including the letting of contracts for such work to be done by a
private person. (CC 1990 §8-130; Code 1977 §12.080(6); Ord. No. 89-4 §1,
3-7-89)
Upon the completion of the
destruction of noxious weeds or vegetation by the Director or by a person
authorized by contract, the Director shall cause the total cost of such repair
to be determined and certify the same to the City Clerk.
(CC 1990 §8-131; Code 1977 §12.080(8); Ord. No. 89-4 §1, 3-7-89)
Upon approval of such report by the
Board of Aldermen, the report with the approval of the Board
All such special tax bills issued
for cutting and removing such noxious weeds or vegetation shall be collectible
by suit brought by the City Attorney in the name of the City or as otherwise
provided by law. Such special tax bills and any action thereon shall be prima
facie evidence that the tax described in the tax bill has been validly
assessed at the time indicated by the tax bill and that the tax is unpaid.
Each special tax bill shall include a charge of three dollars ($3.00) for
inspecting the same and giving the notice, and a further charge of one dollar
($1.00) for issuing and recording the tax bill. Such tax bills if not paid
within thirty (30) days after issuance shall bear interest at the rate of
eight percent (8%) per annum. (CC
1990 §8-133; Code 1977 §12.080(10); Ord. No. 89-4 §1, 3-7-89)
It shall be the duty of the Director
with the assistance of the Building Commissioner and other City officials as
his authorized agents to enforce the provisions of this Article.
(CC 1990 §8-134; Code 1977 §12.080(4); Ord. No. 89-4 §1, 3-7-89)
Any owner, agent, occupant or person
in control of any property described in Section 215.080 who shall violate or
fail to comply with any provisions of this Article, including failure to
comply with the notice as described in Section 215.081, shall upon conviction
be punished as provided in Section 100.100 of this Code. Each day of such
violation shall constitute a separate offense as to each separate lot or tract
of ground owned or controlled by such owner, agent, occupant or person in
control of the property. (CC 1990
§8-135; Code 1977 §12.080(7); Ord. No. 89-4 §1, 3-7-89)
SECTION 215.100: DEFINITIONS
As used in this Article, the
following terms shall have the meanings set out herein:
ABANDONED
PROPERTY:
Any unattended motor vehicle, trailer, all-terrain vehicle, outboard
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 which 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.
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/her consent.
The open storage of inoperable
vehicles or other vehicles deemed by the City to constitute a public safety
hazard is prohibited. Nothing in
this Section 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.
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).
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;
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 215.110
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 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 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.
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.
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
215.120, 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 215.160.
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.
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.
C.
Towing Authorized By Real Property
Owner, Lessee 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 (1) 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 a 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 on owner-occupied
residential property. The
abandoned property is left unattended on owner-occupied residential property
with four (4) 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.
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.
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 lienholders, 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.
3.
Any towing company which 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 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.
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 Missouri law enforcement
computer system to determine if the abandoned property has been reported as
stolen. The Police Department shall
enter the information pertaining to the towed property into the statewide law
enforcement computer system and a Police Officer shall sign the abandoned
property report and provide the towing company with a signed copy.
5.
The City Police Department, after receiving notification that abandoned
property has been towed by a towing company, shall search the records of the
Missouri Department of Revenue and provide the towing company with the latest
owner and lienholder 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.
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.
7.
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:
a.
Any damage caused by the towing company to the property in the transit
and subsequent storage of the property; and
b.
The removal of property other than the property specified by the owner of
the private real property from which the abandoned property was removed.
D.
Damage To Property.
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.
E.
Real Property Owner Liability.
Any owner of any private real property causing the removal of abandoned
property parked on that 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.
F.
Written Authorization
Required─Delegation Of Authority To Tow.
1.
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
2.
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.
G.
Towing Company Liability.
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 (F) 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.
A.
Payment Of Charges.
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 215.170.
B.
Crime Inquiry And Inspection
Report. Upon the towing of any
abandoned property pursuant to Section 215.140 or under authority of a Law
Enforcement Officer or local governmental agency pursuant to Section 215.150,
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 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 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 and the towing operator; and
9.
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 Article 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 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 To Owner.
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 lienholder 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.
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 Article shall accept cash for
payment of towing and storage by a registered owner or the owner's agent
claiming the abandoned property.
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 Article.
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 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 punishable pursuant to
Section 100.100.
C.
A towing company may impose a charge of not more than one-half (½) 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.
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.