HomeMy WebLinkAbout1988-19 - Repeal Section 19.1400, 19.1401, and 19.1402 of the Municipal CodeHILL NO.g8-19
ORDINANCE N0. H8-~9
AN ORDINANCE REPEALING SECTION 19.1400, 19.1401 and 19.1402
OF THE CITY CODE CF OF THE CITY OF RIVERSIDE, MISSOURI.
HE IT ORDAINED BY THE HOARD CF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOUFI AS FOLLOFdS:
SECTION 1. That Section 19.1400, 19.1401 and 19.1402 of
the City of Riverside, Missuur.i be repealed in its entirety.
SECTION 2. That a new section designated as 19.1400 be
enacted to read as follows:
19.1400 DISPOSITION OF PROPERTY AND ABANDONED MOTOR
VEHICLES.
(1) Members of the Department of Public Safety may
authorize a service station, towing operator,
salvage dealer, or motor vehicle repair shop to
remove to a place of safety:
(a) Any vehicle from the right-uf-way of any
highway constructed and maintained by the
State Highway and Transportation Commission
if the vehicle has been left unattended un
the right-uf-way for more than forty-eight
(48) hours;
(b) Any unattended vehicle illegally left
standing upon any highway ur bridge if the
vehicle is left in a position or under such
circumstances as to obstruct the normal
movement of traffic;
(c) Any vehicle which has been abandoned un ur
in any of the waters in this State ur on the
banks of any streams, ur un any land or
water owned, operated or leased by the
State, any board, department, agency or
commission thereof, or any political
subdivision thereof ur un any land or water
owned, operated or leased by the federal
government ur on any private real property
owned by another without his consent;
(d) Any vehicle left unattended upon a street,
and is parked illegally ur is so parked as
to constitute a definite hazard or
obstruction to the normal movement of
traffic;
(e) Any vehicle which has been reported as
stolen or taken without consent of the owner;
(f) Any vehicle fur which the person driving
such vehicle is arrested fur an alleged
offense fur which the officer is required to
take the person into custody; or
(g) Any vehicle which due to any other State law
or local ordinance is subject to towing
because of the owner's outstanding traffic
or parking violations.
(2) Neither the law enforcement officer ^or anyone
having custody of a vehicle under his direction
shall be liable fur any damage to such vehicle
occasioned by a removal authorized by subsection
(a),(c) ur (f) of subsection (1) of this section
other than damages occasioned by gross negligence
ur by willful ur wanton acts or omissions.
(3) The owner of a vehicle removed as provided in
this section shall be responsible fur payment of
all reasonable charges fur towing and storage of
such vehicle, except if a vehicle has been.
removed pursuant to subsection (e) of subsection
(1) of this section. The owner shall be
responsible only fur the storage of such vehicle
fur any period after five (5) business days after
receiving the notice provided pursuant to
subsection (4) of this section.
(4) Whenever an officer removes a vehicle from a
street as authorized in this section and the
officer knows ur is able to ascertain from the
registration records in the vehicle the name and
address of the owner thereof, such officer shall
within fifteen (15) working days of the receipt
of the towing report, give or cause to be given
notice in writing to such owner of its location,
the name and business address of the person who
tower the vehicle.
(5) Whenever an officer removes a vehicle from a
street under this section and dues nut know and
is not able to ascertain the name of the owner,
or for any other reason is unable to give the
notice to the owner as hereinbefore provided, and
in the event the vehicle is not returned to the
owner within a period of three (3) days, then and
in that event the officer shall immediately send
ur cause to be sent a written report of such
removal by mail to the state department whose
duty it is to register motor vehicles and shall
file a copy of such notice with the proprietor of
any public garage in which the vehicle may be
stored. Such notice shall include a complete
description of the vehicle, the date, time and
place from which removed and the name of the
garage or place where the vehicle is stored.
(6) In the event a motor vehicle impounded by
authority of the Department of Public Safety as
mentioned herein remains unredeemed by the owner,
for a period of thirty (30) days after the
notification form has been mailed, it shall be
subject to sale, as provided fur in subsection
(a) below, by the Department of Public Safety and
the proceeds shall be distributed as hereinafter
provided in this ordinance, except that the
proceeds after first being applied to removal,
preservation, and sale, shall be kept in a
separate fund for one (1) year from date of
receipt, and if at the end of such year the
former owner of such property has nut made
satisfactory proof of ownership the funds shall
then gu to the treasury of the City of Riverside,
Missouri.
(a) Upun the sale of an abandoned vehicle in
accordance with the local ordinance, the
City may transfer ownership by means of a
bill of sale signed by the City and sealed
with the official municipal seal. Such bill
of sale shall contain the make and model of
the vehicle, the complete vehicle
identification number and the odometer
reading of the vehicle and shall be lawful
proof of ownership fur any dealer registered
under the provisions of Section 301.218 ur
301.251, R.S.P^.u., ur fur any other person.
Any dealer ur other person purchasing such a
vehicle from a municipality shall apply
within thirty (30) says of purchase fur a
certificate of ownership as provided in
Section 301.190, R.S.MU., ur fur a junking
certificate as provided in Section 301.227,
R.S.Mo. Anyone convicted of a violation of
this section shall be guilty of an
infraction.
(b) Provided, however, that if any property
mentioned in this section is needed as
evidence in a proceeding under the criminal
code, the return, sale or destruction of the
property shall be postponed until this need
no longer exists. If the property is
perishable, the Director of Public Safety
may sell the property prior to the times
mentioned and the proceeds shall be held in
lieu of the property. Sale shall be by
public auction or by sealed bids as the
Director of Public Safety may deem advisable
to obtain the best price. Proceeds of the
sale shall go first to the necessary of
removal, preservation and sale, then to
lienors who can show the property was used
unlawfully without their consent or
acquiescence or to those entitled to the
proceeds in lieu of the property and then to
the treasury of the City of Riverside,
Missouri.
PASSED THIS ~.j DAY OF
////G [~.(~- , 1987.
MAYOR
ATTF~ST:
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~: ,~ 1 /~ ,~ ~((,~~
~C TY CLERK ~i
APPROVED THIS ~~' DAY OF
~ i,
1987.
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MAYOR