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.
A.
Whenever
official traffic control devices are placed in position approximately
conforming to the requirements of this Title, such devices shall be
presumed to have been so placed by the official act or direction of
lawful authority, unless the contrary shall be established by competent
evidence.
B.
Any
official traffic control device placed pursuant to the provisions
of this Title and purporting to conform to the lawful requirements
pertaining to such devices shall be presumed to comply with the requirements
of this Title, unless the contrary shall be established by competent
evidence.
A.
Whenever
traffic is controlled by traffic control signals exhibiting different
colored lights or colored lighted arrows, successively one (1) at
a time or in combination, only the colors green, red and yellow shall
be used except for special pedestrian signals carrying a word legend,
and said lights shall indicate and apply to drivers of vehicles and
pedestrians as follows:
1.
Green indication.
a.
Vehicular traffic facing a circular green signal may proceed straight
through or turn right or left unless a sign at such place prohibits
either such turn. But vehicular traffic, including vehicles turning
right or left, shall yield the right-of-way to other vehicles and
to pedestrians lawfully within the intersection or an adjacent crosswalk
at the time such signal is exhibited.
b.
Vehicular traffic facing a green arrow signal, shown alone or in
combination with another indication, may cautiously enter the intersection
only to make the movement indicated by such arrow or such other movement
as is permitted by other indications shown at the same time. Such
vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the
intersection.
2.
Steady yellow indication.
a.
Vehicular traffic facing a steady yellow signal is thereby warned
that the related green movement is being terminated or that a red
indication will be exhibited immediately thereafter when vehicular
traffic shall not enter the intersection.
3.
Steady red indication.
a.
Vehicular traffic facing a steady red signal alone shall stop before
entering the crosswalk on the near side of the intersection or, if
none, then before entering the intersection and shall remain standing
until a green indication is shown except as provided in paragraph
(b) of this Subsection.
b.
The driver of a vehicle which is stopped as close as practicable
at the entrance to the crosswalk on the near side of the intersection
or, if none, then at the entrance to the intersection in obedience
to a red signal may cautiously enter the intersection to make a right
turn but shall yield the right-of-way to pedestrians and other traffic
proceeding as directed by the signal at the intersection, except that
the State Highways and Transportation Commission with reference to
an intersection involving a State highway, and local authorities with
reference to an intersection involving other highways under their
jurisdiction, may prohibit any such right turn against a red signal
at any intersection where safety conditions so require, said prohibition
shall be effective when a sign is erected at such intersection giving
notice thereof.
4.
In the event an official traffic control signal is erected and maintained
at a place other than an intersection, the provisions of this Section
shall be applicable except as to those provisions which by their nature
can have no application. Any stop required shall be made at a sign
or marking on the pavement indicating where the stop shall be made,
but in the absence of any such sign or marking, the stop shall be
made at the signal.
A.
Whenever
special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" or appropriate symbols are in place,
such signals shall indicate as follows:
1.
"WALK": Pedestrians facing such signal may proceed
across the roadway in the direction of the signal and shall be given
the right-of-way by the drivers of all vehicles.
2.
"WAIT" or "DON'T WALK": No pedestrian
shall start to cross the roadway in the direction of such signal,
but any pedestrian who has partially completed his/her crossing on
the walk signal shall proceed to a sidewalk or safety zone while the
wait signal is showing.
A.
Whenever
an illuminated flashing red or yellow signal is used in a traffic
sign or signal, it shall require obedience by vehicular traffic as
follows:
1.
Flashing red (stop signal). When a red lens is illuminated
with rapid intermittent flashes, drivers of vehicles shall stop before
entering the nearest crosswalk at an intersection or at a limit line
when marked or, if none, then before entering the intersection, and
the right to proceed shall be subject to the rules applicable after
making a stop at a stop sign.
2.
Flashing yellow (caution signal). When a yellow
lens is illuminated with rapid intermittent flashes, drivers of vehicles
may proceed through the intersection or past such signal only with
caution.
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 railroad sign or signal, 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 or any railroad
sign or signal.
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 railroad sign or signal or any inscription, shield or
insignia thereon 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.
A.
The
City Traffic Engineer is hereby authorized:
1.
To designate and maintain, by appropriate devices, marks or lines
upon the surface of the roadway, crosswalks at intersections where
in his/her opinion there is particular danger to pedestrians crossing
the roadway and at such other places as he/she may deem necessary.
2.
To establish safety zones of such kind and character and at such
places as he/she may deem necessary for the protection of pedestrians.
A.
The
City Traffic Engineer is hereby authorized to mark traffic lanes upon
the roadway of any street or highway where a regular alignment of
traffic is necessary.
B.
Where
such traffic lanes have been marked, it shall be unlawful for the
operator of any vehicle to fail or refuse to keep such vehicle within
the boundaries of any such lane except when lawfully passing another
vehicle or preparatory to making a lawful turning movement.
[CC 1992 §315.160; Ord. No. 101 §31, 8-16-1957]
The City Traffic Engineer is hereby authorized to withdraw temporarily
from the public use any public street, alley or highway or part thereof
when necessary for the proper control of traffic or upon which public
work or improvement, repair or reconstruction is in progress and for
such period as he/she deems necessary for the benefit of such work
and for the purpose to cause such street, alley or highway or part
thereof to be barred to travel by the public and placarded as "Closed".
[CC 1992 §315.170; Ord. No. 333 §§1 — 2, 4-23-1976]
A.
A person
shall not operate a motor vehicle over, through or across private
property for the purpose of avoiding, circumventing or contravening
lawfully established traffic control regulations, signs and signals.
Driving upon private property without stopping to do business thereupon
shall be prima facie evidence of the operator's intent to violate
this Section.
[CC 1992 §315.180; Ord. No. 101 §42, 8-16-1957]
It shall be unlawful for any person willfully to drive or cause
to be driven any animal or vehicle on, along or across any public
street, alley or highway barred and placarded as "Closed" by the City Traffic Engineer or willfully to throw down, remove
or otherwise disturb any such barrier or placard placed by the City
Traffic Engineer.
[Ord. No. 13-2 §1, 1-22-2013]
A.
AUTOMATED SPEED ENFORCEMENT SYSTEM
CITY TRAFFIC CODE
OPERATOR
RECORDED IMAGE
SYSTEM LOCATION
Definitions. As
used in this Section, the following terms mean:
A system that consists of a speed detection device, and photographic, video or electronic camera or cameras and vehicle sensor or sensors linked to a violation detection system that synchronizes the taking of a recorded image with the occurrence of a violation of speed regulations set forth in Chapter 320 of the City Traffic Code; and that is capable of producing high resolution color digital recorded images that show:
Title III of the Municipal Code of the City of Charlack.
Any individual driving a vehicle.
Photograph(s), microphotograph(s), micrograph(s), videotape(s) or other recorded image or images of motor vehicles moving at a speed in excess of that permitted by this Section 315.190 of the City Traffic Code.
The street or highway toward which an automated speed enforcement
system is directed and is in operation, other than a location restricted
or prohibited by Missouri State law. It includes the location where
the automated speed enforcement system installed or deployed at the
time a recorded image is taken.
B.
Any
automated speed enforcement system, or any device which is part thereof,
installed or deployed on a street or highway in the City shall meet
any applicable requirements established by the State of Missouri.
C.
The
installation, deployment, and use of automated speed enforcement systems
in the City by or under the supervision of the Police Department are
hereby authorized. Devices which are part of an automated speed enforcement
system may be installed or deployed at system locations identified
by the Police Department in consultation with the Traffic Engineer.
D.
Probable Cause. An officer employed by the Police Department
shall examine the recorded image to determine if the following elements
are contained within the recorded image:
1.
The offending vehicle;
2.
The license plate of said vehicle;
3.
The speed of said vehicle;
4.
The posted speed limit at the system location; and
5.
The date and time of the recorded image.
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The officer shall identify the registered owner of the vehicle at the time the violation was committed, the image of which vehicle appeared on the recorded image, and he or she may use any lawful means to do so. If the officer determines that all of the above elements are present, he or she shall then determine whether sufficient facts appear to show probable cause that a violation of Chapter 320 of the City Traffic Code was committed and that the owner of the offending vehicle has been reliably confirmed.
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E.
Upon
the filing of an information in the City of Charlack Municipal Court,
a summons shall issue, with a court date, pursuant to Missouri Supreme
Court Rules 37.33 through 37.44. Not later than sixty (60) days after
the date the violation is alleged to have occurred, the summons shall
be served on the owner of the subject vehicle by mailing it, via First
Class U.S. mail, together with:
1.
A copy of he violation notice; and
2.
A copy of he recorded image(s) of the alleged violation, which forms
the basis of the information; and
3.
A copy of he supplemental violation notice as described in Subparagraph (a) of this Subsection (E)(3)
a.
The supplemental violation notice shall contain, at a minimum, a statement that the recorded image will be submitted as evidence in the Municipal Court proceeding for prosecution of the violation of the applicable provision of Chapter 320 of the City Traffic Code.
b.
The supplemental notice of violation shall include a request that
owner provide a sworn statement identifying 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 Municipal
Court Clerk within (30) days of receipt of the request. Any sworn
statement provided by an owner shall be examined by the City's Prosecuting
Attorney. If the 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 thirty (30) 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 infraction occurred, then the notice of violation shall be withdrawn,
a letter to that effect shall be sent to the owner by the City, and
a new notice of violation shall be issued to the identified person
together with a copy of the identifying statement, which identified
person shall be liable hereunder as if any owner.
F.
Any
person pleading guilty or found by the Municipal Court to be in violation
of the posted speed regulations of the City, after a probable cause
determination made with the use of evidence from an automated speed
detection system, shall be guilty of an infraction punishable by a
civil fine of one hundred dollars ($100.00) if the offending vehicle
is determined to have exceeded the posted speed limit by less than
twenty (20) miles per hour, or two hundred dollars ($200.00) if the
offending vehicle is determined to have exceeded the posted speed
limit by twenty (20) miles per hour or more, and shall also be responsible
for assessed Municipal Court costs.
