577.080. Abandoning motor vehicle--last owner of record deemed the owner of abandoned motor vehicle, procedures--penalty--civil liability.

MISSOURI STATUTES AND CODES

577.080. Abandoning motor vehicle--last owner of record deemed the owner of abandoned motor vehicle, procedures--penalty--civil liability.

Abandoning motor vehicle--last owner of record deemed the owner ofabandoned motor vehicle, procedures--penalty--civil liability.

577.080. 1. A person commits the crime of abandoning a motorvehicle, vessel, or trailer if he abandons any motor vehicle, vessel, ortrailer on the right-of-way of any public road or state highway or on or inany of the waters in this state or on the banks of any stream, or on anyland or water owned, operated or leased by the state, any board,department, agency or commission thereof, or any political subdivisionthereof or on any land or water owned, operated or leased by the federalgovernment or on any private real property owned by another without hisconsent.

2. For purposes of this section, the last owner of record of a motorvehicle, vessel, or trailer found abandoned and not shown to be transferredpursuant to sections 301.196 and 301.197, RSMo, shall be deemed prima facieto have been the owner of such motor vehicle, vessel, or trailer at thetime it was abandoned and to have been the person who abandoned the motorvehicle, vessel, or trailer or caused or procured its abandonment. Theregistered owner of the abandoned motor vehicle, vessel, or trailer shallnot be subject to the penalties provided by this section if the motorvehicle, vessel, or trailer was in the care, custody, or control of anotherperson at the time of the violation. In such instance, the owner shallsubmit such evidence in an affidavit permitted by the court setting forththe name, address, and other pertinent information of the person wholeased, rented, or otherwise had care, custody, or control of the motorvehicle, vessel, or trailer at the time of the alleged violation. Theaffidavit submitted pursuant to this subsection shall be admissible in acourt proceeding adjudicating the alleged violation and shall raise arebuttable presumption that the person identified in the affidavit was inactual control of the motor vehicle, vessel, or trailer. In such case, thecourt has the authority to terminate the prosecution of the summons issuedto the owner and issue a summons to the person identified in the affidavitas the operator. If the motor vehicle, vessel, or trailer is alleged tohave been stolen, the owner of the motor vehicle, vessel, or trailer shallsubmit proof that a police report was filed in a timely manner indicatingthat the vehicle or vessel was stolen at the time of the alleged violation.

3. Abandoning a motor vehicle, vessel, or trailer is a class Amisdemeanor.

4. Any person convicted pursuant to this section shall be civillyliable for all reasonable towing, storage, and administrative costsassociated with the abandonment of the motor vehicle, vessel, or trailer.Any reasonable towing, storage, and administrative costs in excess of thevalue of the abandoned motor vehicle, vessel, or trailer that exist at thetime the motor vehicle or vessel is transferred pursuant to section304.156, RSMo, shall remain the liability of the person convicted pursuantto this section so long as the towing company, as defined in chapter 304,RSMo, provided the title owner and lienholders, as ascertained by thedepartment of revenue records, a notice within the time frame and in theform as described in subsection 1 of section 304.156, RSMo.