Notice to owner of abandoned property--duty of real propertyowner--liability of towing company--recovery for damages to realproperty, when--liability of real property owner for towingcharges, when--information to be displayed on wrecker--towingcharges--storage facility charges, method ofpayment--authorization of real property owner to tow, violation,penalty--ordinances specifying charges--violations of towinglaws, penalties.
304.158. 1. Notice as to the removal of any abandoned propertypursuant to section 304.155 or 304.157 shall be made in writing within fiveworking days to the registered owner and any lienholder of the fact of theremoval, the grounds for the removal, and the place to which the propertyhas been removed by either:
(1) The public agency authorizing the removal; or
(2) The towing company, where authorization was made by an owner orlessee of real property.
If the abandoned property is stored in any storage facility, a copy of thenotice shall be given to the operator of the facility. The notice providedfor in this section shall include the amount of mileage, if available,shown on the abandoned property at the time of removal.
2. Any owner of any private real property causing the removal ofabandoned property from that real property shall state the grounds for theremoval of the abandoned property if requested by the registered owner ofthat abandoned property. Any towing company that lawfully removesabandoned property from private property with the written authorization ofthe property owner or the property owner's agent who is present at the timeof removal shall not be held responsible in any situation relating to thevalidity of the removal. Any towing company that removes abandonedproperty at the direction of the landowner shall be responsible for:
(1) Any damage caused by the towing company to the property in thetransit and subsequent storage of the property; and
(2) The removal of property other than the property specified by theowner of the private property from which the abandoned property wasremoved.
3. The owner of abandoned property removed from private property mayrecover for any damage to the property resulting from any act of any personcausing the removal of, or removing, the abandoned property.
4. Any owner of any private property causing the removal of abandonedproperty parked on that property is liable to the owner of the abandonedproperty for double the storage or towing charges whenever there has been afailure to comply with the requirements of this section or section 304.157.
5. Any towing company which tows abandoned property for hire shallhave the towing company's name, city and state clearly printed in lettersat least three inches in height on the sides of the truck, wrecker or othervehicle used in the towing.
6. A towing company may impose a charge of not more than one-half ofthe regular towing charge for the towing of abandoned property at therequest of the owner of private property or that owner's agent pursuant tothis section if the owner of the abandoned property or the owner's agentreturns to the abandoned property before it is removed from the privateproperty. The regular towing charge may only be imposed after theabandoned property has been removed from the property and is in transit.
7. Persons operating or in charge of any storage facility where theabandoned property is stored pursuant to this section shall accept cash forpayment of towing and storage by a registered owner or the owner's agentclaiming the abandoned property. In addition, persons operating or incharge of the storage facility shall have sufficient moneys on the premisesto accommodate, and make change in, a reasonable monetary transaction.
8. Except for the removal of abandoned property authorized by a lawenforcement agency pursuant to section 304.157, a towing company shall notremove or commence the removal of abandoned property from private propertywithout first obtaining written authorization from the property owner. Allwritten authorizations shall be maintained for at least one year by thetowing company. General authorization to remove or commence removal ofabandoned property at the towing company's discretion shall not bedelegated to a towing company or its affiliates except in the case ofabandoned property unlawfully parked within fifteen feet of a fire hydrantor in a fire lane designated by a fire department or the state firemarshal.
9. Any towing company, or any affiliate of a towing company, whichremoves, or commences removal of, abandoned property from private propertywithout first obtaining written authorization from the property owner orlessee, or an employee or agent thereof, who is present at the time ofremoval or commencement of the removal, except as permitted in subsection 8of this section, is liable to the owner of the property for four times theamount of the towing and storage charges, in addition to any applicablecriminal penalty, for a violation of this section.
10. Any county, city, town or village may enact ordinances or orderswhich are consistent with sections 304.155 to 304.158 and which may specifymaximum reasonable towing, storage and other charges which can be imposedby towing and storage companies operating within the governmental entity'sjurisdiction.
11. Any person who knowingly violates any provision of sections304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violationof the provisions of this section shall constitute a violation of theprovisions of section 407.020, RSMo. In any proceeding brought by theattorney general for a violation of the provisions of this section, thecourt may, in addition to imposing the penalties provided for in thissection order the revocation or suspension of the registration or licenseof the towing company.
Notice to owner of abandoned property--duty of real propertyowner--liability of towing company--recovery for damages to realproperty, when--liability of real property owner for towingcharges, when--information to be displayed on wrecker--towingcharges--storage facility charges, method ofpayment--authorization of real property owner to tow, violation,penalty--ordinances specifying charges--violations of towinglaws, penalties.
304.158. 1. Notice as to the removal of any abandoned propertypursuant to section 304.155 or 304.157 shall be made in writing within fiveworking days to the registered owner and any lienholder of the fact of theremoval, the grounds for the removal, and the place to which the propertyhas been removed by either:
(1) The public agency authorizing the removal; or
(2) The towing company, where authorization was made by an owner orlessee of real property.
If the abandoned property is stored in any storage facility, a copy of thenotice shall be given to the operator of the facility. The notice providedfor in this section shall include the amount of mileage, if available,shown on the abandoned property at the time of removal.
2. Any owner of any private real property causing the removal ofabandoned property from that real property shall state the grounds for theremoval of the abandoned property if requested by the registered owner ofthat abandoned property. Any towing company that lawfully removesabandoned property from private property with the written authorization ofthe property owner or the property owner's agent who is present at the timeof removal shall not be held responsible in any situation relating to thevalidity of the removal. Any towing company that removes abandonedproperty at the direction of the landowner shall be responsible for:
(1) Any damage caused by the towing company to the property in thetransit and subsequent storage of the property; and
(2) The removal of property other than the property specified by theowner of the private property from which the abandoned property wasremoved.
3. The owner of abandoned property removed from private property mayrecover for any damage to the property resulting from any act of any personcausing the removal of, or removing, the abandoned property.
4. Any owner of any private property causing the removal of abandonedproperty parked on that property is liable to the owner of the abandonedproperty for double the storage or towing charges whenever there has been afailure to comply with the requirements of this section or section 304.157.
5. Any towing company which tows abandoned property for hire shallhave the towing company's name, city and state clearly printed in lettersat least three inches in height on the sides of the truck, wrecker or othervehicle used in the towing.
6. A towing company may impose a charge of not more than one-half ofthe regular towing charge for the towing of abandoned property at therequest of the owner of private property or that owner's agent pursuant tothis section if the owner of the abandoned property or the owner's agentreturns to the abandoned property before it is removed from the privateproperty. The regular towing charge may only be imposed after theabandoned property has been removed from the property and is in transit.
7. Persons operating or in charge of any storage facility where theabandoned property is stored pursuant to this section shall accept cash forpayment of towing and storage by a registered owner or the owner's agentclaiming the abandoned property. In addition, persons operating or incharge of the storage facility shall have sufficient moneys on the premisesto accommodate, and make change in, a reasonable monetary transaction.
8. Except for the removal of abandoned property authorized by a lawenforcement agency pursuant to section 304.157, a towing company shall notremove or commence the removal of abandoned property from private propertywithout first obtaining written authorization from the property owner. Allwritten authorizations shall be maintained for at least one year by thetowing company. General authorization to remove or commence removal ofabandoned property at the towing company's discretion shall not bedelegated to a towing company or its affiliates except in the case ofabandoned property unlawfully parked within fifteen feet of a fire hydrantor in a fire lane designated by a fire department or the state firemarshal.
9. Any towing company, or any affiliate of a towing company, whichremoves, or commences removal of, abandoned property from private propertywithout first obtaining written authorization from the property owner orlessee, or an employee or agent thereof, who is present at the time ofremoval or commencement of the removal, except as permitted in subsection 8of this section, is liable to the owner of the property for four times theamount of the towing and storage charges, in addition to any applicablecriminal penalty, for a violation of this section.
10. Any county, city, town or village may enact ordinances or orderswhich are consistent with sections 304.155 to 304.158 and which may specifymaximum reasonable towing, storage and other charges which can be imposedby towing and storage companies operating within the governmental entity'sjurisdiction.
11. Any person who knowingly violates any provision of sections304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violationof the provisions of this section shall constitute a violation of theprovisions of section 407.020, RSMo. In any proceeding brought by theattorney general for a violation of the provisions of this section, thecourt may, in addition to imposing the penalties provided for in thissection order the revocation or suspension of the registration or licenseof the towing company.
Notice to owner of abandoned property--duty of real propertyowner--liability of towing company--recovery for damages to realproperty, when--liability of real property owner for towingcharges, when--information to be displayed on wrecker--towingcharges--storage facility charges, method ofpayment--authorization of real property owner to tow, violation,penalty--ordinances specifying charges--violations of towinglaws, penalties.
304.158. 1. Notice as to the removal of any abandoned propertypursuant to section 304.155 or 304.157 shall be made in writing within fiveworking days to the registered owner and any lienholder of the fact of theremoval, the grounds for the removal, and the place to which the propertyhas been removed by either:
(1) The public agency authorizing the removal; or
(2) The towing company, where authorization was made by an owner orlessee of real property.
If the abandoned property is stored in any storage facility, a copy of thenotice shall be given to the operator of the facility. The notice providedfor in this section shall include the amount of mileage, if available,shown on the abandoned property at the time of removal.
2. Any owner of any private real property causing the removal ofabandoned property from that real property shall state the grounds for theremoval of the abandoned property if requested by the registered owner ofthat abandoned property. Any towing company that lawfully removesabandoned property from private property with the written authorization ofthe property owner or the property owner's agent who is present at the timeof removal shall not be held responsible in any situation relating to thevalidity of the removal. Any towing company that removes abandonedproperty at the direction of the landowner shall be responsible for:
(1) Any damage caused by the towing company to the property in thetransit and subsequent storage of the property; and
(2) The removal of property other than the property specified by theowner of the private property from which the abandoned property wasremoved.
3. The owner of abandoned property removed from private property mayrecover for any damage to the property resulting from any act of any personcausing the removal of, or removing, the abandoned property.
4. Any owner of any private property causing the removal of abandonedproperty parked on that property is liable to the owner of the abandonedproperty for double the storage or towing charges whenever there has been afailure to comply with the requirements of this section or section 304.157.
5. Any towing company which tows abandoned property for hire shallhave the towing company's name, city and state clearly printed in lettersat least three inches in height on the sides of the truck, wrecker or othervehicle used in the towing.
6. A towing company may impose a charge of not more than one-half ofthe regular towing charge for the towing of abandoned property at therequest of the owner of private property or that owner's agent pursuant tothis section if the owner of the abandoned property or the owner's agentreturns to the abandoned property before it is removed from the privateproperty. The regular towing charge may only be imposed after theabandoned property has been removed from the property and is in transit.
7. Persons operating or in charge of any storage facility where theabandoned property is stored pursuant to this section shall accept cash forpayment of towing and storage by a registered owner or the owner's agentclaiming the abandoned property. In addition, persons operating or incharge of the storage facility shall have sufficient moneys on the premisesto accommodate, and make change in, a reasonable monetary transaction.
8. Except for the removal of abandoned property authorized by a lawenforcement agency pursuant to section 304.157, a towing company shall notremove or commence the removal of abandoned property from private propertywithout first obtaining written authorization from the property owner. Allwritten authorizations shall be maintained for at least one year by thetowing company. General authorization to remove or commence removal ofabandoned property at the towing company's discretion shall not bedelegated to a towing company or its affiliates except in the case ofabandoned property unlawfully parked within fifteen feet of a fire hydrantor in a fire lane designated by a fire department or the state firemarshal.
9. Any towing company, or any affiliate of a towing company, whichremoves, or commences removal of, abandoned property from private propertywithout first obtaining written authorization from the property owner orlessee, or an employee or agent thereof, who is present at the time ofremoval or commencement of the removal, except as permitted in subsection 8of this section, is liable to the owner of the property for four times theamount of the towing and storage charges, in addition to any applicablecriminal penalty, for a violation of this section.
10. Any county, city, town or village may enact ordinances or orderswhich are consistent with sections 304.155 to 304.158 and which may specifymaximum reasonable towing, storage and other charges which can be imposedby towing and storage companies operating within the governmental entity'sjurisdiction.
11. Any person who knowingly violates any provision of sections304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violationof the provisions of this section shall constitute a violation of theprovisions of section 407.020, RSMo. In any proceeding brought by theattorney general for a violation of the provisions of this section, thecourt may, in addition to imposing the penalties provided for in thissection order the revocation or suspension of the registration or licenseof the towing company.
