Missouri Revised Statutes
Chapter 304
Traffic Regulations
←304.156
Section 304.157.1
304.158→
August 28, 2015
Vehicles left unattended or improperly parked on private property of another, procedure for removal and disposition--violation of certain required procedure, penalty.
304.157. 1. If a person abandons property, as defined in section
304.001, on any real property owned by another without the consent of the
owner or person in possession of the property, at the request of the person in
possession of the real property, any member of the state highway patrol, state
water patrol*, sheriff, or other law enforcement officer within his
jurisdiction 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
hours; or
(2) In the judgment of a 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.
2. A local government agency may also provide for the towing of motor
vehicles or vessels from real property under the authority of any local
ordinance providing for the towing of vehicles or vessels which are derelict,
junk, scrapped, disassembled or otherwise harmful to the public health under
the terms of the ordinance. Any local government agency authorizing a tow
under this subsection shall report the tow to the local law enforcement agency
within two hours with a crime inquiry and inspection report pursuant to
section 304.155.
3. Neither the law enforcement officer, local government agency nor
anyone having custody of abandoned property under his or her direction shall
be liable for any damage to such abandoned property occasioned by a removal
authorized by this section other than damages occasioned by negligence or by
willful or wanton acts or omissions.
4. 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:
(1) There is displayed, in plain view at all entrances to the property,
a sign not less than seventeen by twenty-two inches in size, with lettering
not less than one 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-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;
(2) The abandoned property is left unattended on owner-occupied
residential property with four residential units or less, and the owner,
lessee or agent of the real property in lawful possession has notified the
appropriate law enforcement agency, and ten hours have elapsed since that
notification; or
(3) 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 ninety-six
hours have elapsed since that notification.
5. 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 law enforcement 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. The report shall be
in the form designed, printed and distributed by the director of revenue and
shall contain the following:
(1) The year, model, make and abandoned property identification number
of the property and the owner and any lienholders, if known;
(2) A description of any damage to the abandoned property noted by
owner, lessee or property or security manager in possession of the real
property;
(3) The license plate or registration number and the state of issuance,
if available;
(4) The physical location of the property and the reason for requesting
the property to be towed;
(5) The date the report is completed;
(6) The printed name, address and phone number of the owner, lessee or
property or security manager in possession of the real property;
(7) The towing company's name and address;
(8) The signature of the towing operator;
(9) 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;
(10) Space for the name of the law enforcement agency notified of the
towing of the abandoned property and for the signature of the law enforcement
official receiving the report; and
(11) Any additional information the director of revenue deems
appropriate.
6. Any towing company which tows abandoned property without
authorization from a law enforcement officer pursuant to subsection 4 of this
section shall deliver a copy of the abandoned property report to the local law
enforcement agency having jurisdiction over the location from which the
abandoned property was towed. 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 law enforcement agency receiving the
report has the technological capability of receiving such copy and has
registered the towing company for such purpose. The registration requirements
shall not apply to law enforcement agencies located in counties of the third
or fourth classification. The report shall be delivered within two hours if
the tow was made from a signed location pursuant to subdivision (1) of
subsection 4 of this section, otherwise the report shall be delivered within
twenty-four hours.
7. The law enforcement agency receiving such abandoned property report
must record the date on which the abandoned property report is filed with such
agency and shall promptly make an inquiry into the national crime information
center and any statewide Missouri law enforcement computer system to determine
if the abandoned property has been reported as stolen. The law enforcement
agency shall enter the information pertaining to the towed property into the
statewide law enforcement computer system, and an officer shall sign the
abandoned property report and provide the towing company with a signed copy.
The department of revenue may design and sell to towing companies
informational brochures outlining owner or lessee of real property obligations
pursuant to this section.
8. The law enforcement agency receiving notification that abandoned
property has been towed by a towing company shall search the records of the
department of revenue and provide the towing company with the latest owner and
lienholder information, if available, on the abandoned property, and if the
tower has online access to the department of revenue's records, the tower
shall comply with the requirements of section 301.155**. If the abandoned
property is not claimed within ten 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.
9. If any owner or lessee of real property knowingly authorizes the
removal of abandoned property in violation of this section, then the owner or
lessee shall be deemed guilty of a class C misdemeanor.
(L. 1982 S.B. 665, A.L. 1985 H.B. 288, et al., A.L. 1992 H.B. 1794,
A.L. 1996 S.B. 560, A.L. 1999 S.B. 17 and S.B. 19, A.L. 2003 S.B.
314, A.L. 2004 S.B. 1233, et al., A.L. 2008 H.B. 1715)
*"State water patrol" changed to "water patrol division" by 306.010,
2010.
**Section 301.155 does not exist.
2005
1999
2005
304.157. 1. If a person abandons property, as defined in section
304.001, on any real property owned by another without the consent of the
owner or person in possession of the property, at the request of the person
in possession of the real property, any member of the state highway patrol,
state water patrol, sheriff, or other law enforcement officer within his
jurisdiction 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 hours; or
(2) In the judgment of a 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.
2. A local government agency may also provide for the towing of motor
vehicles from real property under the authority of any local ordinance
providing for the towing of vehicles which are derelict, junk, scrapped,
disassembled or otherwise harmful to the public health under the terms of
the ordinance. Any local government agency authorizing a tow under this
subsection shall report the tow to the local law enforcement agency within
two hours with a crime inquiry and inspection report pursuant to section
304.155.
3. Neither the law enforcement officer, local government agency nor
anyone having custody of abandoned property under his or her direction
shall be liable for any damage to such abandoned property occasioned by a
removal authorized by this section other than damages occasioned by
negligence or by willful or wanton acts or omissions.
4. 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:
(1) There is displayed, in plain view at all entrances to the
property, a sign not less than seventeen by twenty-two inches in size, with
lettering not less than one 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-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;
(2) The abandoned property is left unattended on owner-occupied
residential property with four residential units or less, and the owner,
lessee or agent of the real property in lawful possession has notified the
appropriate law enforcement agency, and ten hours have elapsed since that
notification; or
(3) 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
ninety-six hours have elapsed since that notification.
5. 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 law enforcement 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
director of revenue and shall contain the following:
(1) The year, model, make and abandoned property identification
number of the property and the owner and any lienholders, if known;
(2) A description of any damage to the abandoned property noted by
owner, lessee or property or security manager in possession of the real
property;
(3) The license plate or registration number and the state of
issuance, if available;
(4) The physical location of the property and the reason for
requesting the property to be towed;
(5) The date the report is completed;
(6) The printed name, address and phone number of the owner, lessee
or property or security manager in possession of the real property;
(7) The towing company's name and address;
(8) The signature of the towing operator;
(9) 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;
(10) Space for the name of the law enforcement agency notified of the
towing of the abandoned property and for the signature of the law
enforcement official receiving the report; and
(11) Any additional information the director of revenue deems
appropriate.
6. Any towing company which tows abandoned property without
authorization from a law enforcement officer pursuant to subsection 4 of
this section shall deliver a copy of the abandoned property report to the
local law enforcement agency having jurisdiction over the location from
which the abandoned property was towed. 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 law enforcement
agency receiving the report has the technological capability of receiving
such copy and has registered the towing company for such purpose. The
registration requirements shall not apply to law enforcement agencies
located in counties of the third or fourth classification. The report
shall be delivered within two hours if the tow was made from a signed
location pursuant to subdivision (1) of subsection 4 of this section,
otherwise the report shall be delivered within twenty-four hours.
7. The law enforcement agency receiving such abandoned property
report must record the date on which the abandoned property report is filed
with such agency and shall promptly make an inquiry into the national crime
information center and any statewide Missouri law enforcement computer
system to determine if the abandoned property has been reported as stolen.
The law enforcement agency shall enter the information pertaining to the
towed property into the statewide law enforcement computer system, and an
officer shall sign the abandoned property report and provide the towing
company with a signed copy. The department of revenue may design and sell
to towing companies informational brochures outlining owner or lessee of
real property obligations pursuant to this section.
8. The law enforcement agency receiving notification that abandoned
property has been towed by a towing company shall search the records of the
department of revenue and provide the towing company with the latest owner
and lienholder information on the abandoned property, and if the tower has
online access to the department of revenue's records, the tower shall
comply with the requirements of section 301.155, RSMo. If the abandoned
property is not claimed within ten 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.
9. If any owner or lessee of real property knowingly authorizes the
removal of abandoned property in violation of this section, then the owner
or lessee shall be deemed guilty of a class C misdemeanor.
1999
304.157. 1. If a person abandons property, as defined in section
304.001, on any real property owned by another without the consent of the
owner or person in possession of the property, at the request of the person in
possession of the real property, any member of the state highway patrol, state
water patrol, sheriff, or other law enforcement officer within his
jurisdiction 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
hours; or
(2) In the judgment of a 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.
2. A local government agency may also provide for the towing of motor
vehicles from real property under the authority of any local ordinance
providing for the towing of vehicles which are derelict, junk, scrapped,
disassembled or otherwise harmful to the public health under the terms of the
ordinance. Any local government agency authorizing a tow under this
subsection shall report the tow to the local law enforcement agency within two
hours with a crime inquiry and inspection report pursuant to section 304.155.
3. Neither the law enforcement officer, local government agency nor
anyone having custody of abandoned property under his or her direction shall
be liable for any damage to such abandoned property occasioned by a removal
authorized by this section other than damages occasioned by negligence or by
willful or wanton acts or omissions.
4. 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:
(1) There is displayed, in plain view at all entrances to the property,
a sign not less than seventeen by twenty-two inches in size, with lettering
not less than one 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-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;
(2) The abandoned property is left unattended on owner-occupied
residential property with four residential units or less, and the owner,
lessee or agent of the real property in lawful possession has notified the
appropriate law enforcement agency, and ten hours have elapsed since that
notification; or
(3) 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 ninety-six
hours have elapsed since that notification.
5. 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 law enforcement 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 director of
revenue and shall contain the following:
(1) The year, model, make and abandoned property identification number
of the property and the owner and any lienholders, if known;
(2) A description of any damage to the abandoned property noted by
owner, lessee or property or security manager in possession of the real
property;
(3) The license plate or registration number and the state of issuance,
if available;
(4) The physical location of the property and the reason for requesting
the property to be towed;
(5) The date the report is completed;
(6) The printed name, address and phone number of the owner, lessee or
property or security manager in possession of the real property;
(7) The towing company's name and address;
(8) The signature of the towing operator;
(9) 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;
(10) Space for the name of the law enforcement agency notified of the
towing of the abandoned property and for the signature of the law enforcement
official receiving the report; and
(11) Any additional information the director of revenue deems
appropriate.
6. Any towing company which tows abandoned property without
authorization from a law enforcement officer pursuant to subsection 4 of this
section shall deliver a copy of the abandoned property report to the local law
enforcement agency having jurisdiction over the location from which the
abandoned property was towed. 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 law enforcement agency receiving the
report has the technological capability of receiving such copy and has
registered the towing company for such purpose. The registration requirements
shall not apply to law enforcement agencies located in counties of the third
or fourth classification. The report shall be delivered within two hours if
the tow was made from a signed location pursuant to subdivision (1) of
subsection 4 of this section, otherwise the report shall be delivered within
twenty-four hours.
7. The law enforcement agency receiving such abandoned property report
must record the date on which the abandoned property report is filed with such
agency and shall promptly make an inquiry into the national crime information
center and any statewide Missouri law enforcement computer system to determine
if the abandoned property has been reported as stolen. The law enforcement
agency shall enter the information pertaining to the towed property into the
statewide law enforcement computer system, and an officer shall sign the
abandoned property report and provide the towing company with a signed copy.
The department of revenue may design and sell to towing companies
informational brochures outlining owner or lessee of real property obligations
pursuant to this section.
8. The law enforcement agency receiving notification that abandoned
property has been towed by a towing company shall search the records of the
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 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.
9. If any owner or lessee of real property knowingly authorizes the
removal of abandoned property in violation of this section, then the owner or
lessee shall be deemed guilty of a class C misdemeanor.
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