§ 15-42. Towing and impoundment of certain vehicles.

(a)

Authority of police officer (or other government agent) to tow abandoned property on the right-of-way and public lands. Vehicles may be towed when they:

(1)

Are used in a crime (from public or private lands).

(2)

Fail to comply within the allotted time of any snow removal or other traffic emergency notification.

(3)

Are abandoned on the public right-of-way or other public land. Any law enforcement officer within the officer's jurisdiction, or an officer of a government agency where that agency's real property is concerned, may authorize a towing company to remove abandoned property (any unattended motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property whether or not operational) to a place of safety as follows:

a.

Any abandoned property on the right-of-way of any state highway left unattended for more than forty-eight (48) hours; or abandoned property on any public street, alley, or parking lot left unattended for a period of forty-eight (48) hours or more and which has been tagged with an official forty-eight-hour notice by the police department provided that commercial motor vehicles not hauling waste designated as hazardous under Title 49, Section 5102(a), United States Code, many [may] only be removed to a place of safety after the owner or owner's representative has had a reasonable opportunity to contact a towing company of their choice.

b.

Any unattended abandoned property illegally left standing upon any highway, street, alley, public parking lot or bridge 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.

c.

Any abandoned property which has been reported as stolen or taken without consent of the owner.

d.

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 where such person is unable to arrange for the property's timely removal.

e.

Any abandoned property which due to any other state law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations.

f.

Any abandoned property left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.

(4)

Any government agent other than a law enforcement officer authorizing a tow in which the abandoned property is moved away from the immediate vicinity in which it was abandoned shall report the towing to the Missouri State Highway Patrol within one (1) hour of the tow along with a description of the abandoned property sufficient to make a criminal inquiry as required.

(5)

Neither the law enforcement officer nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by section 304.155, RSMo or by ordinance of a county or municipality licensing and regulating the sale of abandoned property by the municipality, other than damages occasioned by negligence or by willful or wanton acts or omissions.

(6)

Any person who removes abandoned property at the direction of a law enforcement officer or an officer of a government agency where that agency's real property is concerned shall have a lien for all reasonable charges for towing and storage until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record.

(7)

Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided the ordinance is consistent with section 304.155 to 304.158, RSMo.

(b)

Authorizing a tow; use of State of Missouri Form DOR-4569.

(1)

Law enforcement agencies that authorize the tow of property, or any other vehicle, must make an inquiry with the National Crime Information Center (NCIC) and MULES to determine if the property has been reported as stolen. If not stolen, the law enforcement agency must then enter the abandoned property information into the statewide computer system.

(2)

If the law enforcement agency that authorized the tow 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.

(3)

Law enforcement agencies must also submit a completed crime inquiry and inspection report/authorization to tow report, DOR-4569 to the director of revenue's motor vehicle bureau within ten (10) working days of authorizing the towing, on any unclaimed abandoned property. 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;

g.

The date of the inquiry of the National Crime Information Center (NCIC), 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;

h.

The signature and printed name of the law enforcement officer and the towing operator; and

i.

Any additional information the director of revenue deems appropriate.

(4)

The crime inquiry and inspection report/authorization to tow, DOR-4569, must be used by law enforcement agencies when authorizing a tow of abandoned property.

(5)

The distribution of the crime inquiry and inspection report/authorization to tow, DOR-4569, is as follows:

a.

One (1) copy—Law enforcement forwards to MVB;

b.

One (1) copy—Law enforcement agency retains;

c.

One (1) copy—Towing company retains;

d.

One (1) copy—Storage facility retains; and

e.

One (1) copy—Towing company submits with title application.

(6)

Upon receipt of the crime inquiry and inspection report/authorization to tow, DOR-4569, the motor vehicle bureau will within five (5) working days perform a record search for the name and address of the owner and/or lienholder of record. The motor vehicle bureau will within fifteen (15) working days:

a.

Notify the towing company and provide the name and address of the owner and lienholder of record, if applicable.

b.

Notify the owner and lienholder of record, if applicable, that the department of revenue received notice that the abandoned property was towed.

(7)

Within ten (10) working days of the date of the letter sent by the department of revenue's motor vehicle bureau, the towing company must notify the owner and/or lienholder of record, if applicable, by certified mail, return receipt requested and advise the owner and/or lienholder, if applicable, they have thirty (30) days from the date of mailing of the notice to redeem the abandoned property. The vehicle owner and lienholder notification, DOR-4577, must be used by the towing company for this purpose.

(c)

Authority of police department; towing abandoned property on private lands.

(1)

If a person abandons property on any real property (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 Patrol, sheriff or other law enforcement officer within his jurisdiction.

(2)

The appropriate law enforcement officer may authorize a towing company to remove such abandoned property in the following situation:

a.

The abandoned property is left unattended for more than forty-eight (48) hours; or

b.

If, in the judgement of the law enforcement officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

(d)

Authority of private property owner to tow abandoned property on his lands.

(1)

The owner of real 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:

a.

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;

b.

The abandoned property is on private property and lacks an engine, transmission, wheels, tiers [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 or county sheriff, as appropriate, and ninety-six (96) hours have elapsed since that notification; or

c.

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.

(2)

Any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a law enforcement officer shall within one (1) hour of the tow file an abandoned property report with the appropriate law enforcement agency where the property is located. DOR form 4569 will be completed by the owner of the property, or the dispatcher, or a police officer.

(3)

Any towing company which tows abandoned property without authorization from a law enforcement officer shall within one (1) hour of the tow report the event and the circumstances to the local law enforcement agency where the abandoned property report was filed. DOR form 4569 will be completed by the towing company or the police officer.

(e)

Towing company issues.

(1)

A 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 the vehicle used in the towing.

(2)

A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of abandoned property at the request of the owner of private property or that owner's agent if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

(3)

Any towing company that removed 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 property from which the abandoned property was removed.

(4)

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 an employee or agent thereof, who is present at the time of removal or commencement of the removal 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 criminal penalty.

(5)

The city may enact ordinances or orders which are consistent with sections 304.155 to 158, RSMo, and may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating with the city's jurisdiction.

(f)

Redemption of property.

(1)

The owner of abandoned property removed shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property.

(2)

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.

(3)

Any personal property within the abandoned property need not be released to the owner until the reasonable or agreed charges for such recover, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except any medication prescribed by a physician. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents. The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property.

(4)

A towing company may assess storage charges for abandoned property only for the time in which it complies with section 304.156, RSMo.

(5)

Towing companies shall keep a record for three (3) years on any abandoned property towed not reclaimed by the owner of the abandoned property. Such record shall contain a copy of the law enforcement officer's authorization to tow, copies of all correspondence with the department of revenue concerning the abandoned property and information concerning the final disposition of the possession of the abandoned property.

(6)

If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel by having such property towed, then the towing company and the lienholder shall notify the Missouri State Highway or Water Patrol of such tow within one (1) hour of the tow being made and shall further provide the patrol with any additional information the patrol deems appropriate.

(Code 1974, §§ 13-11.1, 13-12; Ord. No. 11269, § 1, 11-4-96)