County Ordinances & Orders

Ordinance #2009-2

AN ORDINANCE ESTABLISHING AN ORDINANCE RESTRICTING THE OBSTRUCTION OF TRAFFIC ON COUNTY HIGHWAYS AND AUTHORIZING THE REMOVAL AND TOWING OF VEHICLES AND ABANDONED PROPERTY.

WHEREAS, pursuant to Chapter 49 of the Missouri Revised Statutes, the County of Ste. Genevieve has the power to adopt ordinances or resolutions to control property and county highways in its jurisdiction; and

WHEREAS, the County of Ste. Genevieve desires to adopt regulations with regards to the obstruction of county roads controlled by the county and the removal of vehicles and abandoned property in obstructing traffic; and

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF THE COUNTY OF STE. GENEVIEVE, AS FOLLOWS:

Section 1.

Driver's responsibility not to obstruct traffic infraction

1. Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any county highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.
2. Any person who fails to comply with the requirements of this section is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars, in addition to the court costs.
3. In addition to the above penalties, any law enforcement officer of the county is authorized to have any vehicle in violation of the requirements of this section towed and stored by a private towing truck company as set forth in section 2 below.

Section 2.

Abandoned motor vehicles on public property, removal hazards on land and water, removal, limited liability, when towing of property report to highway or water patrol or crime inquiry and inspection report when, owner liable for costscheck for stolen vehicles procedure reclaiming vehicle lien for charges record maintenance by towing companies lien holder repossession, procedure

1. Any county law enforcement officer, may authorize a towing company to remove to a place of safety:
   1. Any vehicle in violation of the requirements of section one above on a county highway or any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;
   2. Any abandoned property which has been abandoned under section 577.080, RSMo;
   3. Any abandoned property which has been reported as stolen or taken without consent of the owner;
   4. Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property's timely removal;
   5. Any abandoned property which due to any other state law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations;
   6. Any abandoned property left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard; or
   7. Any abandoned property illegally left standing on the waters of this state as defined in section 306.010, RSMo, where the abandoned property is obstructing the normal movement of traffic, or where the abandoned property has been unattended for more than ten hours or is floating loose on the water.
2. Any law enforcement agency authorizing a tow pursuant to this section in which the abandoned property is moved from the immediate vicinity shall complete a crime inquiry and inspection report and file such with the Sheriff=s Department.
3. Neither the law enforcement officer, government agency official nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section or by ordinance of a county or municipality licensing and regulating the sale of abandoned property by the municipality, other than damages occasioned by negligence or by willful or wanton acts or omissions.
4. The owner of abandoned property removed as provided in this section or in section 304.15, RSMo shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in section 304.158, RSMo.
5. Upon the towing of any abandoned property pursuant to this section or under authority of a law enforcement officer or local government agency pursuant to this section or section 304.155, RSMo., the law enforcement agency that authorized such towing or was properly notified by another government agency of such towing shall promptly make an inquiry with the national crime information center and any statewide Missouri 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. If the abandoned property is not claimed within ten working days of the towing, the tower who has online access to the department of revenue's records shall make an inquiry to determine the abandoned property owner and lienholder, if any, of record. In the event that the records of the department of revenue fail to disclose the name of the owner or any lienholder of record, the tower shall comply with the requirements of subsection 3 of section 304.156, RSMo. If the tower does not have online access, the law enforcement agency shall submit a crime inquiry and inspection report to the director of revenue. A towing company that does not have online access to the department's records and that is in possession of abandoned property after ten working days shall report such fact to the law enforcement agency with which the crime inquiry and inspection report was filed. The crime inquiry and inspection report shall be designed by the director of revenue and shall include the following:
   1. The year, model, make and property identification number of the property and the owner and any lienholders, if known;
   2. A description of any damage to the property noted by the officer authorizing the tow;
   3. The license plate or registration number and the state of issuance, if available;
   4. The storage location of the towed property;
   5. The name, telephone number and address of the towing company;
   6. The date, place and reason for the towing of the abandoned property;
   7. The date of the inquiry of the national crime information center, any statewide Missouri 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 law enforcement agency making the inquiry;
   8. The signature and printed name of the officer authorizing the tow; and
   9. The name of the towing company, the signature and printed name of the towing operator, and an indicator disclosing whether the tower has online access to the department's records;
   10. Any additional information the director of revenue deems appropriate.
6. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One copy shall be provided to and retained by the storage facility and one copy shall be retained by the towing facility in an accessible format in the business records for a period of three years from the date of the tow or removal.
7. 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.
8. Any person who removes abandoned property at the direction of a law enforcement officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record. Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents. The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property. Such lien shall be enforced in the manner provided under section 304.156, RSMo.
9. Towing companies shall keep a record for three years on any abandoned property towed and not reclaimed by the owner of the abandoned property. Such record shall contain information regarding the authorization to tow, copies of all correspondence with the department of revenue concerning the abandoned property, including copies of any online records of the towing company accessed and information concerning the final disposition of the possession of the abandoned property.

Section 3.

Towing truck company requirements:

1. All towing companies shall comply with any applicable requirements as set forth in section 304.154, RSMo.

Section 4.

It is hereby declared to be the intention of the County Commission that each and every part, section and subsection of this Ordinance shall be separate and severable from each and every other part, section and subsection hereof and that the County Commission intends to adopt each said part, section and subsection separately and independently of any other part, section and subsection. In the event that any part of this Ordinance shall be determined to be or to have been unlawful or unconstitutional, the remaining parts, sections and subsections shall be and remain in full force and effect.

Section 5.

This ordinance shall take effect and be in full force on the day of its passage and being signed as provided by law.

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ORDER #05-16-05

ORDER OF COUNTY COMMISSION OF THE COUNTY OF STE. GENEVIEVE, MISSOURI PROVIDING FOR SPEED LIMIT SIGNS ON COUNTY ROADS

WHEREAS, Section 304.010.5, RSMo provides that the County Commission of any County of a third classification may set the speed limit on roads or bridges in the County, and

WHEREAS, establishment of speed limits on such roads within Ste. Genevieve County is essential to provide for the safety of the people, and

NOW THEREFORE,

1. The maximum speed limit for all roads under the jurisdiction of the Ste. Genevieve County Commission shall be 40 miles per hour, unless otherwise posted in which case such posted speed limit shall be the maximum speed limit.
2. These speed limits shall apply to all roads within all unincorporated areas of Ste. Genevieve County.
3. A violation of speed limits established hereby shall be a class C misdemeanor unless the person was exceeding the posted speed limit by 20 miles per hour or more then it shall be a class B misdemeanor.
4. This order shall be in full force and effect upon its enactment this 16th day of May, 2005.

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