Loading...
HomeMy WebLinkAboutRES.440.07-10-1989 BILL NO. 89-106 RESOLUTION NO. 440 ---------- ----------- A RESOLUTION AUTHORIZING THE CITY MANAGEk2 TO ENTER INTO A WRECKER SERVICE AGREEMENT WITH JAMES WRECKER SER VICE, IN C. --------------------------------------------------------------------------------- BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The CitY Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Wrecker Service Agreement with James Wrecker Service, Inc. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS IOTH DAY OF JULY, 1989. _ ?"���� l''�L Francis E. Rhodes, Nlayor AT EST: -- = `�— Evelyn Le rand, City Clerk a + WRECKER SERVICE AGREEP2ENT This Aareement is made and entered into this day of , 1989 , by and between the City of Cape Girardeau , Missouri , a Municipal Corporation, hereinafter referred to as "City" , and James Wrecker Service , Inc . , 2610 Industrial Drive , Cape Girardeau, MO 63701 , hereinafter referred to as "Firm" . NOW, THEREFORE, for and in consideration of the mutual covenants , terms and conditions herein contained, the parties agree as follows: 1 . The City hereby designates the Firm as the official wrecker service to be called by the Cape Girardeau Police Department to provide wrecker services including winching , towing and storage ( A) for vehicles involved in motor vehicle accidents whenever a car owner or operator does not state a preference for some other firm; ( B) for vehicles to be used as evidence in court or for vehicles owned or operated by persons taken into Police custody, ! C) for vehicles obstructing traffic , ( D) for City-owned automobiles , and ( E) for abandoned or derelict vehicles , whether on public or priva'te property. 2. With respect to wrecker service for (A) , ( B ) , ( C) , and ( D) above , the Firm shall provide 24-hour per day, 7-day per week wrecker service within the City Limits , and shall dispatch an appropriate wrecker unit within five ( 5) minutes after receiving a Police call for service during the term of this aareement . With respect to wrecker service for ( E ) above , the Firm will provide wrecker service within at least 24-hours from the time of the call . Dnless otherwise directed by the investigating officer , a Police call for wrecker service at the scene of an accident shall be deemed to cover all of the vehicles involved in the accident . For vehicles towed pursuant to ( C) or ( E ) , the investigating officer may cancel a Police originated call for wrecker service from the Firm if the owner or operator of the vehicle claims his vehicle before the Firm begins to tow it to the storage site . 3 . The Firm will also store all vehicles towed pursuant to ( A) , ( B ) , ( C) , ( D) and { E ) of Paragraph 1 above in a lighted and secure storage area with a security fence , and will provide necessary additional security to prevent the loss or damage to impounded or stored vehicles . Said storage site shall be located in an area satisfactory to the City, and in compliance with applicable zoning ordinances and regulations . The Firm shall not park an impounded or stored vehicle outside the lighted and fenced storage area without the prior express consent of the Cape Girardeau Police Department or the owners of the particular vehicle . The Firm shall provide access to the vehicles by the owners thereof for the purpose of reclaiminq said vehicles , 24-hours per day 7-days per week . There shall not be a reclaim charge of any sort impose d on the City or the owner of said vehicle . Personal property may be claimed on the same basis and under the same conditions as the vehicle itself , provided, however , that the Firm will not authorize the removal of any personal property from a vehicle which has been impounded by order of the Police Department without first obtaining permission from a � Police Department official . With this exception, access shall be available to the owner within one ( 1 ) hour from the time of his request for both vehicle and personal property. The Firm shall , if so directed, deliver vehicles towed pursuant to ( B ) of Paragraph 1 above to the Cape Girardeau Police Department lot at 40 South Sprigg Street for processing and at a later da'te towed to the storage site without additional towing charges . 4 . The Firm shall indemnify, defend, and hold harmless the City from and against any and all claims , demands , suits , judgments , costs and expenses asserted by any person or persons, including agents or employees of the City or the Firm, by reason of death or injury to persons , or loss or damage 'to property, resulting from the Firm' s operations hereunder , or as a result of anything claimed to be done or omitted �o be done by the Firm hereunder . 5 . The Firm shall obtain and maintain continuously in effect at all times during the term of this Agreement at its sole expense General Liability Insurance protecting the City against liability which may accrue against the City by reason of the Firm' s wrongful or negligent conduct incident to, or arising out of , the provision of services under the terms of this Agreement . Such insurance shall provide minimum liability limits of $100 ,000 . 00 for personal injury to or death of any one person in any one occurrence , $800 ,000 . 00 for personal injury or death of two ( 2 ) or more persons in any one occurrence; and $100 ,000 . 00 for property damage in any one occurrence , and shall also name the City as a co-insured thereunder . The Firm shall provide a copy of the Certificate of Insurance to the City within ten ( 10 ) days after award of the Contract , and prior to providing any services under this Contract . 6 . The Firm shall impose no charge against the City for wrecker or storage costs of non-City vehicles, but shall collect all charges from the owner of the vehicle at the time the vehicle is reclaimed. If the vehicle is not claimed within thirty ( 30 ) days, it shall be deemed an abandoned vehicle and disposed of as detailed later in this Agreement . 7 . The Firm shall maintain full and complete records of all vehicles towe d or store d by the Firm under the terms of this contract. This record shall identify each vehicle by the name of its owner of record if known , the date towed, the vehicle identification number , the license number , both state and year , and the make , model and year of the vehicle , The records shall also indicate a statement of the towing and storage charges due and a statement as to whether the owner or his agent has claimed the vehicle . The Firm shall provide a copy of this record to the Cape Girardeau , Missouri Police Department on the first day of -2- each month . In addition, this reporting requirement shall be an on-going requirement and the Firm shall provide updated information on each vehicle in its monthly report . This monthly report shall also include information as to whether each vehicle has been disposed of and by what method it has been disposed of . Whenever the Firm impounds a vehicle under the provisions of this agreement and such vehicle remains unclaimed after ninety ( 90 ) days , such vehicle may be sold by the Firm in accordance with the provisions of Sections 26-159 through 26-164 inclusive of the Code of Ordinances of Cape Girardeau , Missouri . A copy of the relevant City ordinances is marked Exhibit "A" , attached hereto and made part hereof by reference as though fully set out herein. Whenever the Firm impounds a vehicle under the provisions of this agreement and such vehicle remains unclaimed after sixty ( 60 ) days , such vehicle may be disposed of by the Firm in accordance with the provisions of Chapter 304 . 155 Revised Sta'tutes of Missouri , a• copy of which is marked Exhibit "B" , attached hereto and made part hereof by reference as though fully set out herein. The Firm must elect to use one or the other of these disposal methods and must dispose of all vehicles by one of these methods as set out in Exhibit "A" or Exhibit "B" . The Firm shall have the option to determine which of the two methods it will employ but in no instance shall any disposition of the vehicles be made except as provided by law as set out in Exhibits "A" and "B" . 8 . The Firm will provide a third party Surety Bond in the amount of Five Hundred Dollars ( �500 . 00 ) to indemnify the City for the payment of towing and storage services in the event that the Firm fails or refuses to provide said wrecker services when requested, or in the event the Firm fails to complete this agreement during the term hereof . Said bond shall be provided to the City within ten ( 10 ) days after award of this Contract and prior to any operations hereunder . 9 . The City may cancel and terminate this Agreement in any of the following events: A. If on any occasion the Firm charges more than is authorized by this Contract , or B. If the Firm fails , or refuses to carry out or perform any one or more of the obligations, terms or conditions of this Agreement . The City may exercise its right of termination by depositing in the Unite d States Mail Certifie d its notice of termination ten ( 10 ) days in advance of the effective date of termination, 10 . The Firm will also provide site clean-up, including the removal of all loose debris on the street surface for all Police originated calls . -3- 11 . The Firm' s storage site as required in Paragraph 2 above shall be at the following address: 2610 Industrial Drive , Cape Girardeau, MO 63701 The Firm agrees to make this site available for Police inspection at the time of submission of a bid hereunder , and if awarded the Contract , at all reasonable times thereafter . 12. The following are the maximum charges which the Firm may impose , payable by the vehicle owner , for the wrecker services rendered herein. The rates quoted herein shall apply whenever the towing services are called for by an employee of the Cape Girardeau Police Department , or Cape Girardeau Fire Department „ while said employee is exercising the responsibilities of his position as a Police or Fire Department employee . The rates quoted herein shall apply and remain the same regardless of the time of day the service is provided, and no additional charge shall be made for winching . Furthermore , no charge may be imposed for dollying unless it can be shown that three ( 3 ) or more wheels on the towed vehicle are inoperable . TOWING: $ 14 . 50 per unit to storage site . � 14 . 50 per unit to other delivery point . DOLLYING: $ 3 . 00 three or more wheels inoperable STORAGE : $ 2. 50 per unit for daily storage . 13. Firm agrees that it shall not assign or sublet all or any portion of this Agreement without the prior written consent of the City. 14 . If accepted this Agreement will be effective from and after June l , 1989 through June 30 , 1990 , and the Firm shall meet all specifications and be prepared to provide service under the terms of this Agreement within ten ( 10 ) days after the date of acceptance . 15 . Operator agrees to provide all equipment necessary to perform this contract in a workmanlike manner and operator assumes -4- all responsibility for damage to any vehicle through improper towing. � Signature of Firm's Officer Title of Official Position James Wrecker Service , Inc . Name of Firm Date Signed ACCEPTED: CITY OF CAPE GIRARDEAU, MISSOURI J. Ronald Fisc er , City Manager Date Accepte -5- • � §26-150 TR,AFFIC §26-159 r�Ja.;UI 'u� .. : � '.f uf�,-}mwj� � .i-.�; %�� � �''" " � "'- ''�.. ''_"'-' 3. No pedestrian shall cross a roadway other than in a cross- ' ''"� {Y � `? ''' '� walk upon any street designated by ordinance. _ _ - � _ . 4. No pedestrian shall cross a roadway intersection diagonally _ unless authorized by official traff`ic-contrnl devices; and, when authorized to cross diagonally, pedestrians shall cross only in : � accordance with the official traffic-control devices pertaining to ' � such crossing movements. (Ord. No. 185, § 3, 10-17-84) - • - State law reference—§300.395 RSMo. ' Sec. 26-151. Obedience of pedestrians to bridge and rail- - � road signals. - No pedestrian shall pass through, azound, over, or under any , crossing gate or barrier at a railroad grade crossing or bridge �• � . °-`°�"` `'' while such gate or barrier is closed or is being opened or closed. - - . .. - . - �. . .- (Ord. No. 185, § 3, 10-17-84) • . Sec. 26-152. Pedestrians wall�ng along roadways. - � � 1. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. ' 2. Where sidewalks are not provided any pedestrian walking � along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. (Ord. No. 185, § 3, 10-17-54) � ' " - ' ��' ' ' � State law reference—§ 300.400 RSMo. .. ____ _ _:N. --..-..:�:. ---_ . . � ..- - ', Secs. 26-153-2Fr158. fteserved. ARTICLEL VI. IMPOUNDMENT OF VEHICLES � - Sec. 26-159. Definitions. _ For the purposes of Article VI the following definitions shall apply: The word "vehicle" shall include, but shall not be limited to, the following: Automobile, truck, pick-up truck, truck trailer, - tractors, van, flat bed, farm machinery, construction vehicles, .•....,,; ...;.. :._;. ._ ....:.. . -, .. . . , ,. _ ._ .. 1 . . . Supp.No.19 ,,,� ' „-' '-� t � ' n:. �z.-� .- ..::4.��*:�.,Y.,�.���=:���.��;�:�<. �Y�.'-� 1031 EXHI � IT A , 0 26-159 CAPE GIR.ARDEAU CODE §26-163 ` . y+.+...A,rw.�c`wi.t�.j- rr a^+v�'r?'K_...f'� :,n�.+.w:::a �i�: � : � r' �; : buses,motorcycles,recreational vehicles,campers,or any portion =��' } `r'' " �`�� of any type of vehicle. h . _ ; - _ The word "unattended" shall mean not moved, not driven, or otherwise remaining stationary. (Ord. No. 185, § 3, 10-17-84; Ord. No. 240, §§ 1, 3, 6-5-85) � Sec. 2fr160. Vehicles obstructing traffic. - -: . " On all highways, streets, or alleys within the city, any parked - � vehicle which congests, obstructs, or unduly restricts a free, clear, � and unimpeded movement of tr�c shall be removed and im- � pounded at the direction of a law enforcement official. (Ord. No. ' 185, § 3, 10-17-84; Ord. No. 240, §§ 1, 3, 6-5-85) �` ` "" '' �''"' �~ Sec. 26-161. Vehicles left unattended. � �,,. - <� � � - - 4i -: . . . ;�. Any vehicle left unattended on a street, alley, or city owned property within the city for more than forty-eight(48)hours may, ' � - , at the direction of a law enforcement official, be removed and ' " " "� ' impounded. Provided however,that such law enforcement official - � ` � shall conspicuously post upon the vehicle, at least forty-eight(48) � � - � hours prior to impoundment, a notice stating the intention to ( : . impound and the date and time after which impoundment will � _ occur. (Ord. No. 185, § 3, 10-17-84; Ord. No. 240, §§ 1, 3, 6-5-85) . Sec. 26-162. Procedure for impoundment. '"'` - Upon impoundment of a vehicle by a law enforcement official ,, - . .• ;,�.-, =�-;a. �l. , under the provisions of section 26-160 or 26-161, the off"icial or- dering the impoundment of the vehicle shall consult the records �� - of the state department of revenue to determine the registered . . owner of the vehicle, and holders of any security interests there- in. The law enforcement official shall then notify the registered owner,or owners,and the holders of any security interests,of the �- � location of the vehicle, the reason for its impoundment, and the = . procedure to be followed in claiming possession of the vehicle. (Ord. No. 185, § 3, 10-17-84; Ord. No. 240, §§ 1, 3, 6-5-85) Sec. 26-163. R,epossession of impounded vehicle. The registered owner of a vehicle,or a holder of a valid security .: _._ _ _. .: _. . _ .::..- - _: . , interest therein which is in default, may claim possession of a . _ , 3upp.No.19 p ,~�Y'� �"li.'T}af�M"` Il.fyw�f`�o��+�PiSl'.�.`!�n?�'i�)��<H`r�1Q'1" lOJ2 .�YYSIt�A"! . `' . � . � - �� . �:..��: . . . .. . . � � _ _. ,'"-•' . §26-163 TR.AFFIC §26-171 ai,�5 ri- �.�cs�3.4,="F�`�,�'a'���z 74� ��`:`J;1fi .,.�.., vehicle impqunded under the provisions of section 26-160 or sec- '' _-''`� ''�n '�-�` ``��`-`�" �'" tion 26-181, by providing proof of ownership, or valid secu�-ity ' ' � - interest which is in default, to the towing operator in possession " - of the vehicle. Impounded vehicles shall be released only upon . payment of all costs incurred for removal and storage and all . other cost� incidental to the removal and storage involved. (Ord. �� ; No. 185, $ 3, 1Q:17-84; Ord. No. 240, §§ 1, 3, 6-5-85) � � - � Sec. 2�164. Disposition of unclaimed vehicles. Whenever a vehicle impounded under the provisions of section � ' 26-160 or sectioa 26-161 remains unclaimed after ninety (90) . days such vehicte may be sold by the towing operator in posses- sion of the vehicle. Such sale shall be by public auction or by _ r,: `, „ - sealed bids, with notice of such sale published in a local daily ;, r , _ �.,��{ :�.:=f newapaper of general circulation at least once each week,for two (2) weeks immediately preceding such sale. The notice shall in- clude a description of the vehicle including any identifying marks, � � � � - the vehicle ident�cation number, if any,the date and place from � ��� - which the vehicle was impounded, the date of the sale or of the , , . . , opening of the bids, and the location of the vehicle during stor- . . _ . ' � age. The proceeds of the sale shall be used to defray the costs of _ towing and stqrage, with the remainder being paid to the regis- � - tered owner on demand. (Ord. No. 185, § 3, 10-17-84; Ord. No. " 240, §§ 1, 3, 6-5-85) Secs. 26-165-28-170. Reserved. .. __. .. _. __..-- �r.: F... . `-_ ARTICLE VII.VEHICL� EQUIPMENT - A. IN GENER.AL : . Sec. 2fr171. MufIIer cutouts prohibited. Muffler cutouts shall not be used and no vehicle shall be driven . in such manner or condition that excessive and unnecessary noise � shall be made by its machinery, motor,signaling device, or other parts, or by any improperly loaded cargo.The motors of all motor vehicles shall be fitted with pro�erly attached mufflers of such = capacity or construction as to quiet the magimum possible eg- : : . . Supp.Na 19 �� - � f: � '_ � �, >,'' ,�.r,: .:� 1033 �'�skxrs�t�.�i:'x:-4b..s�,e>c=ar..u...���+-,s�'t�w:,x•,X.�rt,� ��?:,+fs.�! �\ - , -� :RCRAFT AND AVIATION 6p - ' bp3 TRAFFIC REGULATIONS ' -� � � - §304.155 6. A violation of this section shall be; � __: �3)An approaching railroad train is visible tions shali be guilty of breach of contract and class C misdemeanor. :.=� ' and is in hazardous proximity to such such contract shali be canceled after notice (L t98s H.s.990) - tti crossing. ' —= and hearing by the responsible officers of such �� � 2. No person shall drive an vehicle �hool district ; - - Effective 419-88 . . Y .. .. �� � � • s� ihrough,around or under any crossing gate or �3.���Any other provision of the law to the 304.030. Certain buses and trucks to§fo bamer at a railroad crossing while such gate or contrary notwithstandmg,m any county'of the at railroad crossing,when—exception requu barrier is closed or is being opened or closed, � ��� �� a charter form of govemment ments.—Every ,motor vehicle transportia ' -unless he can do so safely .:�:_ ^::-. .<� adjoining a city not within a county school passengers, for hire, .every school bus, ,an�- r` 3. Any person violating the provisions of buses may bear the word"special". _ ,. �. . , every mo tor ve hic ie transpo rt ing hi g h exp lo. ' this section is guilty of a class C misdemeanor. �L t9a9 P.329§2,n.L 1977 H.B.t30,A.L.t987 S.B.l ta� sives, or poisonous or compressed infla� � �1977 H.B.220§1,A.L 1988 S.B.676) , ����b.lg�� mable gases,and every motor vehicle used f - - - ' � � the transportarion of inflammable or corrosi :.304.060. School buses and other district . 304.080. �Handicapped persons with white liquids in bulk, whether loaded or emp vehicles, use to be reguiated by board-field �e or dog, dnver to take all necessary pre- shali, upon approaching any railroad gra trips in common carriers regularion sutho- �utioas—tt�ne or dog not required to enforce crossing, other than a crossing that is s rized—viola6on by employee, effect—design rights, when.—The : driver of a vehicle cally exempted from the stopping requireuien of school buses,regulated by board—St.Louis approaching a blind or visually handicapped. by order of the division of trans ortation��` County buses may use word _"special^.— deaf or artiall deaf P P y person or physically dis- the department of economic development,�;�� 1• T�e state board of education shall adopt abled person who is carrying a cane predomi- b ro u g h t t o a f u l l s t o p w i t h i n fi fry fee t,bu t no : �and enforce r e gulations not inc o n s i s t e n t w i t h n��y �,b�te or me t a l lic in color, with or less than fifteen feet, from the nearest raiI o� _ Iaw to cover the design and operation of all ��out a red tip,or using a guide dog,hearing such railroad grade crossing,and shall not prd-- _ s�hool buses used for the tnnsportation of dog or service dog shall yield to such blind ceed until due caution has been taken t . _ � �hool children when owned and operated by p��rian, and any driver who fails to take ascenain that the course is clear, except tha any school district or privately owned and such precautions shall be liable in damages for such full stop shall not be required at a oPerated under contract with any school dis- any injury caused such pedestrian; provided car crossing within a business or residence ��in this state,and such regulations shall by �at a totally or partially blind pedestrian not trict,nor at a railroad ,reference be made a part of any such contract grade crossing protect carrying such cane or using a guide dog,hear- by a watchman or traffic officer on duty or b' ���a school districL The state board of edu- ing dog or service dog in any of the places, traffic control signal (not railroad flashin �uon may adopt rules and regulations accommodations or conveyances listed in sec- signal)giving positive indication to approac • governing the use of other vehicles owned by a Uon 209.150, RSMo, shall have all of the ing vehicles to proceed,nor when the divisio �rict or operated under contract with any rights and privileges conferred by law upon of transportauon has ordered the placement o �hool district in this state and used for the other persons. _ ... , an exempt sign at the crossing. ;;��'•• purPos� of transporting school children, but �L 19a9 p.250§1,p.L 1977 S.B.t2,A.L I988 H.B.7 I63) �ezcept for common carriers, such other vehi- �RSMo 1939§8399,A.L. t988 S.B.676) - cles shall not transport more than four school 304.155. Abandoned motor vehicies on ` children at any one time and the operator shall public property, removal and disposition— 304.035. Stop required at railroad gradr, . be licensed in accordance with section liability Iimited,when—check for stolen vehi- crossing,when—penalty.-1. Wheneveran� �302.272,RSMo.The state board of education cles—stolen vehicle, owner liable for storage person driving a vehicle approaches a railroa� . may aLso adopt rules and regulations overn- c g harges, wheQ—notice to .security holder, ;rade crossing under any of the circumstances: 'ing the use of authorized common carriecs for when=possessor lieq how enforced—new stated in this section,the driver of such vehiti1i..: - the transpo�tion of studenu on 6eld trips or title, how issued.-1. Any member of the shall stop within fifty feet but not less tha; ; `other special trips for educational purposes. state highway patrol, sheriff, or other law fifteen feet from� the nearest rail of:such� `Every school district, iu officers and employ- enforcement officer within his jurisdiction railroad,and shall not proceed until he can d � ees, and every person employed under con- may authorize a service station, towing oper- � so safely. The foregomg requirements sh tract by a school district shall be.subject to ator, salvage dealer, or motor vehicle.repair apply when: � -r- ,. �, _ �� such regulations.The state board of education shop to remove to a place of safety::,,_'. , (1) A clearly visible electric or mecham shail cooperate with_the state highways and _ 1 ' �' �- �� �` � "transportation department and the-state � �'°`�Y�ehicle from the right-of-way of any �ignal device,which has been installed puisu� • hi��,ay patrol in placing suitable warning ���'ay constructed and maintained by the int to order of the public service commission�,�- SI�S at intervals on the highways of the state. state highways and transportation commission �r of the division of transportation of,thy " �_, _ . , . if the vehicle has been left unattended on the. iepartment of economic development und •�� 2• Any o�cer or empioyee of any school right-of-way foc more than forty-eight hours;�" �ection 389.6I0 or 389.640, RSMo,=g�� � 'di��Who violates any of the regulations or ' �� �� " ` - "' - : � � Harning of the iminediate approach of� f�1s to include obligation to comply with such �2) ,Any •unattended vehicle,iIlegally.left -ailroad train;or � "' '• }�' re8ulations in any contiact executed by him standing upon anyr higtiway.;or bridge_if the _ '� � r.! ` on behatf of a school district shall be guilty of - vehicle.is left in a position or under such cir- (2) A crossing gate Iis lowered or when,u - • misconduct and subject to removal from of�ce cumstances'as to obstruct the normal move- iuman.flagman gives or continues to give,�` or employment. -Any person 'operating a ment oftraffic; ,,�, . �; ...:, �ignal of the approach or passage of a railroad�, school bus under contract with a school dis- ==(3)Any vehic]e which has been abandoned rain; : -�•-- � • - - • -� •�� - Fc ^ trict who fails to comply with any such regula= _ under section 577.080 RSMo� •• --=• �- �•••• 'Missouri 1988 --� Revised Statutes of Missouri 1988 - - ' :�� '�.w _ y ' ���fL.J� 1 B ,-�� ;�;; §304.155 MOTOR VEHICLES,WATERCRAFT AND AVIATION 604 (4)Any vehicle which has been reported as within fifteen working days of the receipt of �- 605 TR stolen or taken without consent of the owner, the towing_report from,the_law enforcement ;: ' owner has failed to make'arrangem • • " a enc . - ` � .. , -;_ �payment of towing and storage charge (5)Any vehicle for which ttie person dnv�ng g . y such vehicle is arrested for an alleged offense : 6.:.. The owner of such vehicle or the holder " Y-Y tc)A�copy of the receipt,indicating for which the officer. is, required to take the of a valid security interest thereon which is in �'" ::.�ownei�or lienholder of record has rece person into custody;or , ,-,, _T,�.;__ .�_:, ,.: default, may reclaim�it from the service sta_ - " notice:required byf:subdi�sion. (2) - (6)Any vehicle which due to any other state �on,towing operator,salvage dealer,or motor - .`subsection_ y�,J.�rv,: , „ � law or local ordinance-is sub'ect to�towin vehicle repair_sho u n roof of owne�hi �r� ' ' ...�1=:� � � g . P� Po P P '�t{d) An inspection certificate shall t because of the owner's outstanding tra�c or or_valid security. inferest which is in default - _ pleted by the officer who authorized thi parking violaUons.-:�:.;; �; _:; t ;; �, ;• : and paymeat of all reasonable charge§for the � •Y a form provided by the department of r towing and storage"of the vehicle�. " """' - �If the officer who authorized.the tov 2: Neither the law enforcement officer nor ' � :" available.to ins ct the vehicle and a anyone having custody of a vehicle under his , .7. Any person who�removes a motor i, � direction shall be liable for any damage to such vehicle at the direction of a law enforcement � �e certificate, the law enforcement vehicle occasioned b a removal authorized b officer as� rovided in this section shall have a �� � W'hich. authonzed,the. tow, may d� .Y,. Y P -�. -st..,. subdivision�(1); (3);or{5) of subsectiori I of lien for all Teasonable charges for the tow�ng ;*�� �other officer to inspect the yehicle ai this section other than damages occasioned by and sto'rage of the vehicle, untiI possession of �� k Ptete the form.The inspection shall be: gross negligence or by willful or wanton acts or the vehicle.is'voluntarily,relinquished to the � ����'rty daYs after:the date of tow� omissions. • ''� : } �_ owner of the vehicle,or to the holder of a valid ; �,inspection certificate shall be�dated tc security interest thereon which is in default. �; _ ?he date of the inspection.For titles re 3. � The owner of a�vehicle removed as pro- `� '. u�uant to.this section vided in this section shall be responsible for Such lien shall be enforced in the following � p , no� fee s PaYment of all reasonable charges for towing manner. _. : : -::_ .: : � �.�luired. �-;,� -. ::� . and storage of such vehicle. - - : (1). The lienholder in, possession shall �-`- 8• If a certificate of ownership has n 4. Upon the towing of any vehicle under �4uest the law enforcement agency which ; , Previously issued in�Missouri on the this section, the law enforcement agency that authorized the towing to make inquiry w�th � �ehicle, the lienholder in possession �' ;�, vehicle shall obtain ownership veri authorized such towing shall make an inquiry the national crime information center and any � from the state in which the vehicle � with the national crime information center state.vide Missouri law enforcement computer ; �. �stered or titled,if known. If the liei and any statewide Missouri law enforcement system to determine if the vehicle had been -�' � y�unable to determine the last known computer system to determine if the vehicle reported stolen and in whose name the vehicle �uance of certificate of ownershi or r has been reported as stolen. The law enforce- �re�ne�+ - -�.tion, he shall request ownershippveri. ment officer who authorized the tow shall sub- �2�The lienholder in possession shall notif}� � -: ihrough any available nationwide net� mit a report to the director of revenue within by registered mail,postage prepaid,the owner ��vehicle records and shall notify the las� five working days of the towing of the vehicle. i{known, and any lienholdecs of record, at of record and lienholder.The lienholde Such report shall include the following their]ast known addresses,that application for notification of the� last �owner an (1)The year,model,make and vehicle iden- a certificate of title will be made unless the ' lienholder of record,shall comply with tification number of the vehicle; . . . owner or lienholder of record makes sausfac- � Lon.7 of this section before a cenifi (2) A description of any.damage to the tory arrangemenu with the person holding the :� ��ownership is issued. • vehicle noted by the law enforcement officer, �ehicle for payment of towing.and storage x '�_} 9. Upon proof of the foregoing b}� within thirty days of the mailing of the notice. a��� (3)The license number, � ',:�,� �� '� notice shall be.supplied by the use of a �, the director of revenue s! (4) The storage location of- the ,towed form designed and provided by the director of •.�uested,issue a new certificate of titl� :'lienholder in possession. . - . vehicle; revenue; _.. ., - �,,. . _ _ _ � 10. Towing operators, service si (5)The name and address of the tower, - (3) Thirty days after the notification form � --����age dealers, or motor vehicle repai: (6)The date of the authorization to tow ihe has been mailed and the vehicle is unredeemed `�=who tow or store vehicles according vehicle;and � � " ' ' �-� � ' •.- and no satisfactory arrangement has been �� made with the lienholder in possession for _ :` ��on shall keep a record for three y� (7) T'he date of the inquiry of the national Y '.each vehicle towed and not reclaimed continued storage;the Iienholder in possession �_ � o�,ner o f t he ve hicle.Such record shall c crime information center and any statewide may apply to the director of revenue for a = � Missouri law enforcement computer system to , ___ a-copy� of the law enforcement c certificate of title i#'the towed vehicle is titled : �authorization to tow, copies of all con determine if the vehicle had been stolen. �� . ' ti �: in Missouri. The application shall be accom � dence with the department of revenu 5. The director of revenue shall noU the panied b � . . , ,. � � owner and any holder of a recorded security y'` �� '. `�� � ' ' � ""` cerning the vehicle, ,_ and infon � interest in the towed`vehicle of iis]ocation;the ' �a)Tfle onginal or'�conformed or photos concerning the final disposition of the; name and business address of the person who ��c copy of the written report of'the law ; sion of the vehicle. `_. � enforcement o�cer:authorizing the tow;=:: • ' -• , . � - towed the vehicle,�and ttie righf of the person ;,�.,, �,r,� ,, . . - :, - - '� .-,11:� Except for the provisions�of si who towed the vehicle to obtain a certificate of _ (b)An affidavit�of the�lienholder ia posses '� :sions(4)and(6)of subsection I of this s title on the vehicle if the towing and storage sion that he has.been: in possession of the ' '' �s section shall not apply to municipal charges are not paid.'I�his notice shall be given towed vehicle for thirty days and that ihe '�counties having ordinances regulatir -- �_ ., ,�removai, sale and Iicensing of ve Revised Statutes of Missouri 1988 . : �` � Revised �- � '��: . . � - � � fic ���m.- � r ;��� �.�: - . T AND AVIAT'ION 604 � 3 �5: r!;;_�;.;p,'_�:-�AFFIC REGiJLATIONS - � � §304.170 : fifteen working days of the receipt of ��; _- owner has failed to'make arrangemenu for Municipalities or counties having such wing report'from the law enforcement � : payment of towing and storage charges; ��" ordinances shall file a copy of the ordinances y. _. _ ...... . .. .. . :.-. ... . _: .,. :; with the department of revenue. �- •; .,: The owner of such vehicle or the ho l der �:o .� � (c)A copy of the receipt indicaung that the � �� °� owner or lienholder.of record_has received the =��12.-��Any other provision of law to the con- alid security interest thereon�"�hich is m ?:.�. Y_�,,= 1 ., .( ) J.-: � ' �,'notwithstanding, any municipality or It, may reclaim it from the service sta '�`" � notice t required b `subdmsion 2 '.of this subsection, ��,� Fti �,,�„?,�, ,��3,,.,,.�.},� y� .:: county which sells an abandoned vehicle in towing operator,salvage dealer,or motoi,i �, -� - ��� accordance with a local ordinance ma trans- le repair shop, upon proof of ownership-' ,- �; (d) An inspection certificate shall be com- y �lid security interest which is in default;;' : pleted by the officer who authorized the tow on fer ownership by means of a bill of sale signed �ayment of all reasonable charges for the `�`-x_ = a form provided by the department of revenue. by the municipal or county clerk or deputy '"�--4� - If the officer who authorized the tow is not and sealed with the official municipal or 1g and storage of the vehicle. . •:;,",; = available.to inspect the vehicle and complete county seal.Such bill of sale shall contain the Any person who removes a .motor_ _ - �e certificate, the law enforcement agency make and model of the vehicle,the complete :le at the direction of a law enforcement:�r V- " , � — . � which suthorized�the_ tow .may .designate vehicle identification number and the odome- �r as provided in this section shall have a �� -, another o$'icer to inspect the vehicle and com- ter reading of the vehicle and shall be lawful for all reasonable charges for the tow�ng � plete the forin.The inspection shall be made at proof of ownership for any dealer registered storage of the vehicle, until possession of ,� =r ��t�irty days after the date of towing. The under the provisions of section 301.218 or ��ehicle is voluntarily relinqutshed to the ;�_ =� inspection certificate shall be dated to re�ect 301.251,RSMo,or for any other person.Any er of the vehicle,or to the holder of a valid-��< . �e date of the inspection.For titles requested dealer or other person purchasing such a ;ritv interest thereon which is in default':�� � pursuant to.ihis.section,..no fee shall ,be vehicle from a municipality or county shall h lien shall be enforced in the followmg �- + �uired. �- � :� . � ',: , �� :�,� .� . ... ,.� apply within thirty days of purchase for a cer- �ner. - 8. If a certificate of ownership has not been uficate of ownership as provided in section l) The lienholder in possession shall �' :� previously issued in Missouri on the towed 301.190, RSMo,or for a junking certificate as uest the law enforcement agency whi�h�� . vehicle, the lienholder in possession of the Provided in seciion 301.227, RSMo. Anyone norized the towing to make inquiry �++�� , . _ vehicle shall obtain ownership verification convicted of a violation of this section shall be national crime informauon center and an� from the state in which the vehicle was last 8uilty of an infraction. . �� registered or titled,if known. !f the lienholder (L 1965 p.487§§ i,�,3.A.L 1982 S.B.665,�.�. i9s5 :ewide Missouri iaw enforcement computer�_ tem to determine if the vehicle had been: is unable to determine the last known state of -_�Z$$.esa1.,A.L 1987S.B.290,A.L 1988 H.B.I581) brted stolen and in whose name the vehicle issuance of certificate of ownership or registra- 304,170. Regulations as to width, height �egistered; _.Y tion, he shall reques2 ownership verification �d length of vehicles—exceptions.-1. No ion shall notif}� through any available nationwide network of �ehicle opented u n the hi wa s of this ;2)The lienholder in posseu �- vehicle records and shall notif the last owner � � y registered mail,postage prepaid,the owner, ` y state shall have a width, including�load, in known, and any tienholden of record, af � of record and lienholder.The lienholder,upon excess of ninety-six inches, except clearance � ,�: � �ir last known addresses,that application for';��. - notificauon of the last owner and any �ighu, rearview mirrocs or other accessories certificate of title will be made unless che '�� 3 lienholder of record,shall comply with subsec- uired b federai,state or cit law or re ula- tion 7 of this section before a certificate of � y y g �ner or lienholder of record makes satisfac- -�; ` ownershi is issued. _ � : ' uon; except that, vehicles having a width, ry arrangemenu with the person holdmg the=;� � P . �� including load, not in excess of one hundred �hicle for payment of towing and storaQe a � 9. Upon proof of the foregoing by proper two inches, .exclusive�of cIearance lighu, ithin thirty days of the mailing of the nouc�,,�Y :_: = affidavit, the director of revenue shall, if rearview mirrors or other accessories required his notice shall be supplied by the use of a,,�,: = requested,issue a new certificate of title to the by law or regulations, may be operated on the �rm designed and provided by the director o� .';, ]ienholder in possession ;� - inteistate highways and such other highways :venue; . . � " .��.:, '�>: . - . .� . .� -r`. . ;, .: _ ;. . - . - as may be designated by the highways and 10. . To�nng operators, sernce stations, �� af3er,�the notification forrri' saivage dealers, or motor vehicIe repair shops ��°�tion commission for the operation �3� ��• �- ; who tow or store vehicies according to this of such vehicles plus a distance not to exceed as been mailed and the vehicle is unredeemed� nd no satisfactory arranSement has beeu; ten"miles from such interstate or des�gnated _ - section shall keep•a record for three years on „ . ; each vehicle towed and not�reclaimed by the ��`'�'ay_,�: _;,: r -,; .;_�r � : nade with the lienholder in possession for , _ • _._ ;ontinued storage,the lienholder in possessio� : owner of the vehicle.Such record shall contain �•, 2, No vetucle operated upon,the interstate nay apply to the director of revenue for:a. � " a copy� of'the law�.enforcement �officer's ���yay rystem or upon any route designated :ertificate of title if the towed vehicle is utle�' authorizatign to tow, copies of all correspon- by the chief engineer of the state highways and n Missouri.The application.shall be acco .- : dence with.the.department of;revenue con- ����tion department shall have a height, panied by .., ; �� : r ;:!'- .� ' cerning ,,the�;vehicle��;.and.;;information including load, in exces's of fourteen feet On ` " ' ` concerning the final disposiUon of the posses- '� other-:highways, no velucle shall have'a (a}Tt�e orig�nal or�'conforined`or photo' : -`-sion ofthe yehicle. ;,_ • _:- .�.,;_-. . " " tatic copy�of the written report of the la , .: ._ ... _, .L„k , .. ^� heighf,including load; in excess of thirteen enforcement officer.authonzing the tow, �u ' �` 11: Except for=the'provisions�of"subdivi- and one-half feet, except that,'any�vehicle, or ,, - 'sions(4)and(6)of subsection 1.of this section, combination�of vehicles transportin� auta (b) An affidavit of the lienhoider in posse_ ����this section shall not apply to municipalities or mobiles or other motor vehicles may have a sion that he has.been-in Possession of,tl?e. '. : counties�having=ordinances.-regulating the height,•-including load,'of not' more than towed vehicle for thirty days and that�� _ " removai, =sale� and licensing` of vehicles. fourteen feet: � �- ' � -� � -• " - �f Missouri 1988 "� Revised Statutes of Missouri 1988 �:,.