Effective - 28 Aug 1996
82.1000. Forfeiture of motor vehicles, power to enact ordinances, requirements, procedure. — 1. In addition to forfeiture proceedings pursuant to sections 513.600 to 513.645, the governing body of any constitutional charter city having a population of more than one hundred thousand inhabitants and located within a county of the first classification that adjoins no other county of the first classification may enact ordinances which would subject to forfeiture any motor vehicle operated by a person with one or more prior convictions for an intoxication-related traffic offense, as defined in section 577.023, who is prohibited from obtaining a license to operate a motor vehicle by the director of revenue pursuant to subdivision (9) or (10) of section 302.060, or who has the person's license to operate a motor vehicle suspended or revoked, as a result of a finding or a plea of guilty to:
(1) Any intoxication-related traffic offense as defined in section 577.023; or
(2) Involuntary manslaughter as a result of operating a motor vehicle while in an intoxicated condition as defined in section 565.024.
Such forfeiture pursuant to this subsection shall only be allowed if such person operates a motor vehicle while the person's license to operate a motor vehicle is under such a suspension or revocation.
2. The ordinance allowing forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who is classified as a prior offender or persistent offender pursuant to section 577.023 after the effective date of such ordinance, except that a judgment of forfeiture may only be rendered if there is a conviction of an intoxication-related traffic offense which causes the owner of the motor vehicle to be classified as a prior or persistent offender.
3. The ordinance allowing the forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who has previously been convicted of two or more intoxication-related traffic offenses, as defined in section 577.023, and who thereafter, pursuant to a chemical test conducted in accordance with sections 577.020 to 577.041, is determined upon probable cause to have been driving a motor vehicle with a blood-alcohol concentration equal to or greater than the blood-alcohol percentage concentration specified in subsection 1 of section 302.520, or any such person who, pursuant to section 577.041, has been requested to submit to a chemical test as described pursuant to that section, and refused to submit to such test.
4. All forfeiture proceedings pursuant to this section shall be conducted in accordance with sections 513.600 to 513.645, except the forfeiture proceeding shall be brought by the city attorney for the city which enacted such ordinances.
5. The ordinance shall also provide that any person claiming an ownership interest in the motor vehicle subject to forfeiture shall have all the defenses to the forfeiture proceeding available to them which they may be entitled to raise pursuant to sections 513.600 to 513.645. The ordinance shall further provide that, in the event the title documents registered with the department of revenue for the motor vehicle subject to forfeiture, at the time of the action giving rise to the forfeiture proceeding, list persons as owners or co-owners of the vehicle in addition to or other than the operator, and the nonoperator owner of the motor vehicle has not previously been the operator or the owner of, a motor vehicle which has been the subject of a forfeiture proceeding authorized by this section, the motor vehicle shall be returned to the nonoperator registered owner and all costs associated with the seizure, towing, storage and impoundment of the vehicle, and the payment of all court costs and reasonable attorney fees associated with the forfeiture proceeding shall be paid by the owners or the operator of the vehicle. To be entitled to return of the vehicle all owners shall execute a written agreement with the municipality stipulating and consenting to the seizure and forfeiture of the motor vehicle in the event such motor vehicle is subsequently operated by the same operator under circumstances which would allow the municipality to seek forfeiture of such vehicle pursuant to an ordinance authorized by this section.
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(L. 1993 S.B. 167 § 1, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722)
(2004) Section authorizing city to enact forfeiture ordinance does not supercede defenses allowed under Criminal Activity Forfeiture Act; a felony conviction is therefore required before a motor vehicle can be forfeited to the government. City of Springfield v. Gee, 149 S.W.3d 609 (Mo.App.S.D.).
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 82 - Constitutional Charter Cities (Home Rule)
Section 82.010 - Certain cities declared constitutional charter cities.
Section 82.020 - Constitutional charter, certain cities and towns may adopt or amend, procedure.
Section 82.040 - Officers, tenure upon adoption of charter — vacancy in office, how filled.
Section 82.050 - Consistent ordinances to remain in force.
Section 82.060 - Adoption not to affect existing rights.
Section 82.070 - Accrued rights or penalties not affected by adoption.
Section 82.080 - Tax liens on realty vested in city.
Section 82.090 - Extension of limits.
Section 82.100 - Annexed territory to be divided into wards.
Section 82.110 - City may be redistricted, when.
Section 82.120 - Redistricting ordinance to be published.
Section 82.130 - Redistricting not to affect eligibility of electors.
Section 82.133 - Disincorporation of charter or home rule cities--election, ballot language.
Section 82.136 - Contractual rights not invalidated by dissolution.
Section 82.139 - Dissolution — trustee appointed — oath — bond.
Section 82.142 - Dissolution — powers of trustee.
Section 82.145 - Dissolution — employment of counsel, when — compensation of trustee.
Section 82.150 - Wards to be of adjacent territory — numbering.
Section 82.160 - Election — new ward.
Section 82.170 - Redistricting not to affect term of office of incumbent.
Section 82.180 - Providing for nominations and the form of ballot.
Section 82.190 - City has exclusive control of public highways.
Section 82.200 - Attestation of ordinances — evidence, when.
Section 82.210 - Action for damages maintained, how.
Section 82.220 - Bonds in judicial proceedings.
Section 82.230 - Regulation of public franchises.
Section 82.240 - Parks, cemeteries may be provided for.
Section 82.250 - Certain cities may acquire subways.
Section 82.260 - May operate, lease and regulate subways.
Section 82.270 - May issue subway revenue bonds.
Section 82.280 - Certain county officers to perform duties for cities, when — compensation.
Section 82.290 - Certain officers to administer oaths free.
Section 82.300 - Certain cities may enact ordinances, purposes, punishments (including Kansas City).
Section 82.310 - License collector.
Section 82.320 - Word license construed.
Section 82.330 - License collector, election, term, oath, bond — vacancy.
Section 82.340 - Powers and duties of license collector — duties may not be altered.
Section 82.350 - List of licenses to be maintained.
Section 82.360 - Procedure in obtaining and granting license.
Section 82.370 - Separate records to be kept — open to inspection.
Section 82.400 - Collector to make weekly payments to city treasurer — duty of treasurer.
Section 82.410 - Powers and duties of certain officers transferred to license collector.
Section 82.420 - Public market.
Section 82.430 - Business to be regulated, rental fixed.
Section 82.440 - When not to sell marketplaces now owned.
Section 82.450 - Corporation may condemn land for marketplaces, when.
Section 82.460 - Streetcar gates, passengers, regulation.
Section 82.470 - Parking lots and buildings — St. Louis may acquire, lease — limitations on use.
Section 82.480 - Financing of parking lots, methods.
Section 82.490 - City treasurer — commission — term — vacancy, how filled.
Section 82.500 - City treasurer — bond.
Section 82.510 - General duties.
Section 82.515 - City treasurer, supervision of parking meters — term.
Section 82.516 - City treasurer, additional compensation.
Section 82.520 - Compensation of city treasurer (St. Louis City).
Section 82.530 - Deputies and clerks.
Section 82.540 - Assessment division.
Section 82.550 - Assessor appointed by mayor — term.
Section 82.560 - Assessor — qualifications — compensation — duties — oath.
Section 82.570 - Costs and expenses of assessments, how paid.
Section 82.580 - Deputy assessors — qualifications — powers — oath — duties.
Section 82.590 - Bonds of assessors and deputies.
Section 82.599 - Collector of revenue, compensation (St. Louis City).
Section 82.605 - Compensation for collecting earnings tax.
Section 82.607 - Additional duty, financial report.
Section 82.630 - Appointment of additional clerical help.
Section 82.640 - Deputies' oath and bond.
Section 82.650 - Fees to be collected.
Section 82.660 - Annual settlement of fees.
Section 82.670 - Who to pay in case fees are insufficient for the maintenance of office.
Section 82.680 - Other compensation abolished.
Section 82.690 - Coroner's inquest costs to be paid out of city treasury.
Section 82.700 - Duties of county commission — who to perform in St. Louis.
Section 82.710 - Duties of county clerk to be performed by the register.
Section 82.715 - Board of aldermen may pay additional compensation to certain officials, when.
Section 82.790 - Certain cities may condemn property outside city.
Section 82.800 - Condemnation proceedings — manner — where.
Section 82.815 - Number of days city offices to remain open, how set.
Section 82.817 - Designated agents for certain landowners within St. Louis City — penalty.
Section 82.875 - Police services sales tax — vote required — fund created, use of moneys.
Section 82.1000 - Forfeiture of motor vehicles, power to enact ordinances, requirements, procedure.
Section 82.1027 - Definitions.
Section 82.1031 - Action prohibited if owner in good faith compliance.