Fulton Disposition of abandoned, wrecked, non-operating or unlicensed vehicles ordinance (§ 110-43)

(a) Abandoning vehicle; parking for longer than 72 hours. No person being the owner thereof or having in his care or custody any vehicle shall abandon the vehicle on any street, alley or public place, nor shall he leave the vehicle standing thereon for a longer period of time than 72 hours.

(b) Leaving wrecked or non-operating vehicle on street. No person shall leave any partially dismantled, non-operating, wrecked or junked vehicle on any street, alley or public place within the city for longer than 72 hours.

(c) Allowing non-operating vehicle to remain on private property. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall keep or allow any other person to keep any partially dismantled, non-operating, junked or discarded vehicle on such property longer than 15 days, and no person shall leave any such vehicle on any property within the city longer than 15 days, except that this subsection shall not apply to the following:

(1) A vehicle in any enclosed building;

(2) A vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary in the operation of such business enterprise; or

(3) A vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city.

(d) Allowing unlicensed vehicle to remain on private property. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall keep, part or store, or allow any other person to keep, park or store, on such property, any motor vehicle which is not licensed, except in a garage or similar fully enclosed structure.

(1) For purposes of this section, a motor vehicle is not licensed unless it is validly registered under the motor vehicle laws of the State of Missouri or the laws of any other jurisdiction, and the motor vehicle displays a valid current license plate in conformance with the laws of the jurisdiction in which the vehicle is registered.

(2) No charge shall be filed for a violation of this section unless the person charged has been given at least 15 days' prior written notice of the alleged violation.

(e) Illegal parking on off-street facilities. It shall be unlawful for any person to park or leave standing any motor vehicle upon any privately owned land, parking lot, or driveway, after notice has been posted as provided in this subsection, by the owner, occupant, lessee or licensee, prohibiting, restricting or limiting such parking, without the express or implied consent of such owner, occupant, lessee or licensee of such land. A suitable sign not less than 18 inches by 24 inches in dimension and bearing the words "no parking," together with any qualifications or restrictions on such parking, if any, shall be conspicuously displayed on such land, parking lot or driveway by the owner, occupant, lessee or licensee thereof, where this subsection is to be effective. Defacing, tampering with or damaging such

sign shall constitute a violation of this subsection. Upon a complaint being made in writing by any such owner, occupant, lessee or licensee that any such motor vehicle is parked or has been left standing in violation of this subsection, it shall be the duty of the chief of police or any police officer to remove or cause to be removed such illegally parked vehicle, and to impound the vehicle as provided in subsection (f) of this section. In addition to the assessment of any penalty which may be assessed for the violation of this subsection, no such vehicle shall be removed from the police department impoundment until the owner shall have paid the costs of removing, impounding and storing such vehicle parked in violation of this subsection.

(f) Impoundment and disposal of impounded vehicles. The chief of police or any police officer designated by him is authorized to remove or have removed any vehicle left any place within the city which reasonably appears to be in violation of this section or which is lost, stolen or unclaimed and take the vehicle to a suitable place or to a public garage. Upon the towing of any vehicle under this section, the law enforcement agency that authorized such towing or was properly notified of such towing shall make an inquiry with the National Crime Information Center (NCIC) and any statewide law enforcement computer system to determine if the vehicle has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. Whenever an officer removes a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner(s)/lien-holder(s), such officer shall immediately give or cause to be given notice in writing to such owner(s)/lien-holder(s) of the fact of such removal and the reasons therefore and of the place to which such vehicle has been removed and provide instructions for redeeming the abandoned property; and provide the owner(s)/lien-holder(s) a right to request a hearing if they feel the property was improperly towed. If any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. Whenever an officer removes a vehicle from a street under this section and does not 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 provided in this subsection and if the vehicle is not returned to the owner within a period of three days, the officer shall immediately send or 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; the reasons for such removal; and the name of the garage or place where the vehicle is stored. In not less than 30 and in not more than 90 days after such impoundment, the chief of police shall post notices in five places in the city describing the vehicle as accurately and briefly as possible and notifying the public that on a certain day and hour named therein, which shall be at least ten days subsequent to such notice, he will sell the vehicle described at public auction to the highest bidder for cash at a public place. If no bidders appear at such sale, the chief of police may sell the vehicle at private sale, securing the best possible price. From the proceeds of any sale held under this subsection, the chief of police shall first deduct and

pay his expenses and pay the balance to the city treasurer, and such sum shall become a part of the general revenue fund. If at any time prior to the sale the owner of such vehicle shall exhibit satisfactory proof of his ownership, he shall be entitled to redeem the vehicle upon the payment of all fees and expenses. If within six months after the sale of the vehicle the owner of any such vehicle so sold shall exhibit to the city council satisfactory proof of his ownership, the proceeds paid to the city treasurer from such sale shall be refunded to him.

(g) Violation and penalty. Violations under subsections (a), (b), (c) and (d) shall be punishable by fine of not less than $200.00 and not more than as provided for in section 1-20 of this Code. Violations under subsection (e) shall be punishable as follows:

(1) First offense, not less than $25.00 and not more than as provided in section 1-20 of this Code.

(2) Second offense, not less than $50.00 and not more than as provided in section 1-20 of this Code.

(3) Third offense, not less than $75.00 and not more than as provided in section 1-20 of this Code.

(4) Fourth offense, not less than $100.00 and not more than as provided in section 1-20 of this Code.