The City Traffic Engineer shall place and maintain traffic control
signs, signals, and devices when and as required under the traffic
ordinances of the City to make effective the provisions of said ordinances,
and may place and maintain such additional traffic control devices
as he/she may deem necessary to regulate traffic under the traffic
ordinances of the City or under State law or to guide or warn traffic.
All traffic control signs, signals and devices shall conform
to the manual and specifications approved by the State Highways and
Transportation Commission or resolution adopted by the Board of Aldermen
of the City. All signs or signals required hereunder for a particular
purpose shall so far as practicable be uniform as to type and location
throughout the City. All traffic control devices so erected and not
inconsistent with the provisions of this Title shall be official traffic
control devices.
The driver of any vehicle shall obey the instructions of any
official traffic control device applicable thereto placed in accordance
with the provisions of this Title, unless otherwise directed by a
traffic or Police Officer, subject to the exceptions granted the driver
of an authorized emergency vehicle in this Title.
No provision of this Title for which official traffic control
devices are required shall be enforced against an alleged violator
if at the time and place of the alleged violation an official device
is not in proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a particular Section does not
state that official traffic control devices are required, such Section
shall be effective even though no devices are erected or in place.
When lane direction control signals are placed over the individual
lanes of a street or highway, vehicular traffic may travel in any
lane over which a green signal is shown, but shall not enter or travel
in any lane over which a red signal is shown.
No person shall place, maintain or display upon or in view of
any highway an unauthorized sign, signal, marking or device which
purports to be or is an imitation of or resembles an official traffic
control device or which attempts to direct the movement of traffic,
or which hides from view or interferes with the effectiveness of any
official traffic control device.
No person shall without lawful authority, attempt to or in fact
alter, deface, injure, knock down or remove any official traffic control
device or any other part thereof.
The City Traffic Engineer shall have authority to declare any
street or part thereof a play street and to place appropriate signs
or devices in the roadway indicating and helping to protect the same.
Whenever authorized signs are erected indicating any street
or part thereof as a play street, no person shall drive a vehicle
upon any such street or portion thereof except drivers of vehicles
having business or whose residences are within such closed area, and
then any said driver shall exercise the greatest care in driving upon
any such street or portion thereof.
[Ord. No. 08-02 §1, 1-22-2008]
A. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
AUTOMATED PHOTO TRAFFIC ENFORCEMENT SYSTEM
A system that:
1.
Consists of camera(s) and vehicle sensor(s) installed to work
in conjunction with an electrically operated traffic control signal;
and
2.
Is capable of producing high resolution color digital recorded
images that show:
a.
The traffic control signal while it is emitting a steady red
signal for a direction of travel through an intersection;
b.
A motor vehicle entering or in the intersection in that direction
of travel; and
c.
The license plate and number of the motor vehicle; and
3.
Is not designed to take recorded images of the faces of occupants
of a motor vehicle.
OPERATOR
Any person who operates or drives a motor vehicle and has
the same meaning as "driver".
OWNER
The owner(s) of a motor vehicle as shown on the motor vehicle
registration records of the Missouri Department of Revenue or the
analogous department or agency of another State or country.
RECORDED IMAGE
A still image digitally recorded by an automated photo traffic
enforcement system.
SYSTEM LOCATION
An intersection at which an automated photo traffic enforcement
system has been installed.
TRAFFIC CONTROL SIGNAL
A traffic control device that displays alternating red, yellow
and green lights intended to direct traffic when to stop at or proceed
through an intersection.
(See RSMo., Section
301.010 for statutory definitions of owner and operator.)
B. Violation Of Public Safety At Intersections. Except as
otherwise provide in this Section, a person commits the infraction
of violation of public safety at an intersection when a motor vehicle
of which that person is an owner is present in an intersection while
the traffic control signal for the intersection is emitting a steady
red signal for the direction of travel or orientation of that vehicle
in or through the intersection, unless the motor vehicle is in the
process of making a lawful right turn. Provided however, that an infraction
shall be excused upon submission of a sufficient sworn statement that
the presence of the motor vehicle in the intersection was justified
because:
1. The
traffic control signal was not in proper position and sufficiently
legible to an ordinarily observant person;
2. The
operator of the motor vehicle was acting in compliance with the lawful
order or direction of a Police Officer;
3. The
operator of the motor vehicle violated the instruction of the traffic
control signal in order to yield the right-of-way to an immediately
approaching authorized emergency vehicle;
4. The
motor vehicle was being operated as part of a funeral procession pursuant
to Section 194.503, RSMo.
5. The
motor vehicle was being operated as an authorized emergency vehicle
as defined and in compliance with Section 304.022, RSMo.;
6. The
motor vehicle was a stolen vehicle and being operated by a person
other than the owner without the effective consent of the owner (but
this shall not be a justification for such an operator) and the theft
was timely reported to the appropriate law enforcement agency;
7. The
license plate and/or tags depicted in the recorded image(s) were stolen
and being displayed on a motor vehicle other than the motor vehicle
for which they were issued (but this shall not be a justification
for the operator of the motor vehicle) and the theft was timely reported
to the appropriate law enforcement agency;
8. Ownership
of the motor vehicle had in fact been transferred prior to the violation
(provided State records substantiate this statement);
9. The
motor vehicle was present in the intersection because it was inoperable.
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Liability hereunder is based on ownership, without regard to
whether the owner was operating the motor vehicle at the time of the
violation, except that, as provided in Section 304.120.4, RSMo., no
liability shall be imposed on the owner of a motor vehicle when the
vehicle is being permissively used by a licensee if the owner furnishes
the name, address and operator's license number of the person renting
or leasing the motor vehicle at the time the violation occurred to
the City within ten (10) days from the time of receipt of written
request for such information.
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C. Automated Photo Traffic Enforcement System Authorized. An
automated photo traffic enforcement system is hereby authorized to
be installed and operated within the City for the purpose of detecting
violations of public safety at intersections. Specific system locations
shall be determined from time to time by the City Administrator. Recorded
images shall constitute sufficient basis for citation if alone or
in combination they clearly show that the traffic control signal for
an intersection is emitting a steady red signal for the direction
of travel or orientation of a motor vehicle in or through the intersection,
the motor vehicle present in the intersection and the license plate
and license number of the motor vehicle. Recorded images may also
be used as evidence of other violations to the extent permitted by
applicable law.
D. Enforcement Procedures.
1. Except
as otherwise provided herein, upon review of recorded image(s) showing
an infraction under this Section, a Police Officer of the City Police
Department shall complete a citation in a form approved by the City
Administrator (which form may be completed electronically or on-line)
and the City shall cause the completed citation to be mailed to the
owner at its last known address by first class U.S. mail, postage
prepaid, within thirty (30) days after the date the recorded image(s)
were taken.
a. Based
upon the information obtained from the recorded image, the Police
Officer may obtain any additional information about the owner, which
is necessary to complete or mail the citation, from the records of
the Missouri Department of Revenue or any other legal means; or, if
the motor vehicle is registered in another State or country, from
the motor vehicle registration records of the department or agency
of the other State or country analogous to the Missouri Department
of Revenue or any other legal means.
b. If
there is more than one (1) owner of the motor vehicle, a citation
may be completed and addressed to any or all of them and such owner
shall be jointly and severally liable hereunder.
c. The
citation shall direct the owner to respond within ten (10) days of
the date of mailing of the citation either by paying the fine specified
in this Section at the appropriate time and place in the City or by
providing a sufficient sworn statement of applicability of one (1)
of the justifications for presence of the motor vehicle in the intersection
set forth in this Section.
d. A
copy of the recorded image(s) upon which the citation is based shall
be sent to the owner with the citation.
e. The
citation shall include a request that the name, address and operator's
license number of any person renting or leasing the motor vehicle
at the time the violation occurred be furnished to the City within
ten (10) days of receipt of the request.
2. Any
sworn statement provided by an owner shall be examined by the City
Prosecuting Attorney. If the City Prosecuting Attorney determines
that a statement is sufficient, then the citation shall be withdrawn
and a letter to that effect shall be sent to the owner by the City.
If the City Prosecuting Attorney determines that a statement is insufficient,
including, but not limited to, a determination based upon a comparison
of the statement to the recorded image(s), then a letter shall be
sent to the owner (any or all of them) at its last known address by
first class U.S. mail, postage prepaid, by the City indicating that
the statement was insufficient and the fine specified in this Section
must be paid at the appropriate time and place in the City within
ten (10) days of the date of the letter. If the statement timely provides
the name, address and operator's license number of any person renting
or leasing the motor vehicle at the time the violation occurred, then
the citation shall be withdrawn, a letter to that effect shall be
sent to the owner by the City and a new citation shall be issued to
the identified person together with a copy of the identifying statement,
which person shall be liable hereunder as if an owner. If the operator
of a stolen vehicle or a vehicle bearing stolen license plates or
tags that violates this ordinance is identified, such person shall
be liable as if an owner.
3. In lieu
of completing a citation, the Police Department may send a warning
notice to the owner if the system location was established within
one (1) week of the violation or if the reviewing officer determines
that the recorded images are inconclusive or that it more likely than
not that a justification applies to the violation.
E. Fine. Notwithstanding any provision of the City Code of
Ordinances, the fine for the infraction of violation of public safety
at an intersection shall be set by the Municipal Court from time to
time on the schedule for the Violations Bureau and under no circumstances
may a person be imprisoned for such an infraction.
F. Warning Signs. An automated photo traffic enforcement system
may be identified by advance warning signs posted at entrances to
the City and/or at specific system locations, if the City Administrator
determines that such signs will enhance the efficacy of the system.
Absence of such signs shall not provide justification for a violation.
G. Failure To Respond To Citation. Any person who shall fail to respond to a citation or letter issued under this Section by timely payment of fine or by timely and sufficient statement as described herein or who shall submit a false sworn statement hereunder shall be subject to prosecution for failure to respond to citation in the Municipal Court for violation of this Section subject to the general penalty provisions of Section
100.100, in addition to any other applicable liabilities or sanctions.