§ 70-643. Disposition of impounded property; prerequisites for release; collection of costs.

(a)

Any vehicle or personal property removed or taken into custody under the provisions of section 70-642 shall be held, except as provided in this division, until the owner or their authorized agent applies for such vehicle or personal property and pays the costs of towing and storing such vehicle or personal property. Before releasing any vehicle on which a traffic ticket has been issued by the police department, the police shall require that a bond be posted for an appearance in court on such violation as well as on any other outstanding warrants. If no ticket was issued the owner and/or lienholder may request a hearing under RSMo § 304.156.5 or pursuant to the provisions of section 70-644. If the owner does not want to reclaim the vehicle, they can transfer title to the vehicle to the city or authorized city contractor. No additional storage charges will be assessed after the title is delivered and the vehicle will be sold in the next available sale; provided that if there is a lien against the vehicle, the vehicle must be held until the lienholder, after receiving notification as required by this article, fails to claim the vehicle or provides a written release of the lien against it.

(b)

The city manager, with the advice of the director of the neighborhoods and housing services department and the budget officer, shall determine the rate of tow-in and storage charges and shall notify the city council in a written communication of the rates whenever such rates are changed. Calculation of storage charges shall commence immediately after the vehicle or personal property is impounded. No storage charge will be assessed if the vehicle or personal property is released to the owner within the first 24 hours after the property is impounded. The costs and expenses shall be a lien in favor of the city on the motor vehicle or personal property, provided that if at any time the vehicle or personal property is removed under the provisions of section 70-642 the neighborhoods and housing services department or designee may, under the following guidelines, reduce or waive the cost for the release of the vehicle to the owner:

(1)

The vehicle was towed and a traffic or parking ticket was not issued.

(2)

The owner is found not guilty in court for the offense that caused the vehicle to be towed.

(3)

The vehicle was towed and/or stored as evidence in conjunction with a law enforcement investigation that did not involve the arrest of the owner or operator of the vehicle.

(4)

The vehicle was a recovered stolen vehicle.

(c)

The police department may place a hold on a vehicle that is needed for evidence. Placing a hold on a vehicle will prevent the release or sale of the vehicle while the hold is in effect. The police chief and director of neighborhoods and housing services department or their designees will establish procedures for placing and removing holds on vehicles.

(Code of Gen. Ords. 1967, § 34.342; Ord. No. 41525, 10-20-72; Ord. No. 43979, 4-19-74; Ord. No. 49802, 1-5-79; Ord. No. 56381, 8-16-84; Ord. No. 64308, 7-6-89; Ord. No. 951015, § 1, 8-17-95; Ord. No. 961553, § A, 1-9-97; Ord. No. 970654, § A, 5-22-97; Ord. No. 991529, § 1, 1-13-00; Ord. No. 081186, § 1, 12-4-08; Ord. No. 180899 , § 2, 12-6-18)