(A) Payment of charges. The owner of abandoned property removed as provided in this subchapter shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in § 91.22.
(B) Crime inquiry and inspection report.
(1) Upon the towing of any abandoned property pursuant to § 91.19 or under authority of a law enforcement officer or local governmental agency pursuant to § 91.20, the city’s 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 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.
(2) If the abandoned property is not claimed within ten working days of the towing, the city’s Police Department shall submit a crime inquiry and inspection report to the state’s Director of Revenue. The city’s 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 working days shall report such fact to the city’s Police Department. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:
(a) The year, model, make, and property identification number of the property and the owner and any lienholders, if known;
(b) A description of any damage to the property noted by the law enforcement officer authorizing the tow;
(c) The license plate or registration number and the state of issuance, if available;
(d) The storage location of the towed property;
(e) The name, telephone number, and address of the towing company;
(f) The date, place, and reason for the towing of the abandoned property;
(g) The date of the inquiry of the national crime information center, any statewide 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’s Police Department.
(h) The signature and printed name of the law enforcement officer authorizing the tow and the towing operator; and
(i) Any additional information the state’s 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’s Police Department within two hours of the repossession and shall further provide the Police Department with any additional information the Police Department deems appropriate. The city’s Police Department shall make an inquiry with the national crime information center and the 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 subchapter 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 state’s Department of Revenue or of a corresponding agency in any other state. The towing company shall notify the owner and any lienholder within ten business days of the date of mailing indicated on the notice
(F) Petition in Circuit Court. The owner of the abandoned property removed pursuant to this subchapter or any person claiming a lien, other than the towing company, within ten days after the receipt of notification from the towing company pursuant to division (E) above, 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 state’s 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.
(G) Notice to owner.
(1) Notice as to the removal of any abandoned property pursuant to this subchapter shall be made in writing within five 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:
(a) The public agency authorizing the removal; or
(b) The towing company, where authorization was made by an owner or lessee of real property.
(2) If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this section shall include the amount of mileage if available shown on the abandoned property at the time of removal.
(H) 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 inches in height on the sides of the truck, wrecker, or other vehicle used in the towing.
(I) Storage facilities. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this subchapter shall accept cash for payment of towing and storage by a registered owner or the owner’s agent claiming the abandoned property.
(Ord. 304, passed 8-1-2000)
Statutory reference:
Similar provisions, see RSMo. §§ 304.153.5, 304.153.6, 304.155.11, 304.158.1, 304.158.5, and 304.158.7