City of Ellisville, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References—Signs and advertising devices, ch. 410; obstructing or hazardous signs prohibited, §410.070(4); bicyclists to obey traffic control devices, §380.040.
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 City Council 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.
c. 
Unless otherwise directed by a pedestrian control signal as provided in Section 315.070, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
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.
b. 
Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in Section 315.070, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
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.
c. 
Unless otherwise directed by a pedestrian control signal as provided in Section 315.070, pedestrians facing a steady red signal alone shall not enter the roadway.
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 which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device.
[1]
Cross Reference—Hazardous signs prohibited, §410.070(4).
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 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.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he/she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
[Ord. No. 2879 §2, 2-20-2008; Ord. No. 2960 §1, 9-16-2009; Ord. No. 2988 §§1—2, 6-16-2010]
A. 
Automated Photo Traffic Enforcement System Authorized.
1. 
Automated photo traffic enforcement systems are hereby authorized to be installed and operated within the City for the purpose of detecting violations of public safety at intersections as provided herein. Specific system locations shall be determined from time to time by the Chief of Police and City Manager.
2. 
The City Police Department may adopt business rules, not inconsistent with this Section, to assist in the administration, operation and enforcement of automated photo traffic enforcement systems.
3. 
Recorded images derived from automated photo traffic enforcement systems shall constitute competent and sufficient evidence for citation and conviction of public safety violations if, whether alone or in combination, the images depict a violation. Recorded images may also be used as evidence of other violations to the extent permitted by applicable law.
4. 
The City may post signs designed to give reasonable notice of the use of automated photo traffic enforcement at all system locations, but the absence of such posting shall not be a defense to a charged violation.
5. 
For purposes of this Section, the term "owner" shall mean the person or persons who are registered as owner(s) of the vehicle with the Missouri Department of Revenue or with the corresponding department or agency of another State or country in which the ownership of the vehicle is registered, including any vehicle lessee.
B. 
Violation Established—Penalty—Owner's Liability—Limits Of Liability.
1. 
Violation. It shall be unlawful for a motor vehicle to be present in an intersection controlled by a traffic control signal when:
a. 
The signal is emitting a steady red signal for the direction of travel or orientation of the vehicle in or through the intersection; or
b. 
The signal is emitting a steady red signal for the direction of travel or orientation of the vehicle in or through the intersection and the vehicle fails to stop prior to making a right-hand turn as provided in Section 315.060(3) of this Code.
2. 
Penalty—owner's liability.
a. 
Any owner whose motor vehicle is found to be in violation of this Section shall, upon conviction, be fined the sum of one hundred dollars ($100.00). Under no circumstances may a person be imprisoned for such violation, and a violation of this Section shall not be considered a moving violation reportable to the Missouri Department of Revenue.
b. 
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 lessee if the owner furnishes to the City the name, address and operator's license number of the person renting or leasing the motor vehicle at the time the violation occurred, which such person shall be liable hereunder as if an owner.
3. 
Limits of liability. A violation of this Section shall be excused upon submission of a sworn statement, on penalty of perjury, providing sufficient information and proof that the presence of the motor vehicle in the intersection was justified because:
a. 
The operator of the motor vehicle was acting in compliance with the lawful order or direction of a Police Officer;
b. 
The operator of the motor vehicle violated the instruction of the traffic control signal to yield the right-of-way to an immediately approaching authorized emergency vehicle;
c. 
The motor vehicle was being operated as part of a funeral procession pursuant to Section 194.503, RSMo.;
d. 
The motor vehicle was being operated as an authorized emergency vehicle as defined and in compliance with Section 304.022, RSMo.;
e. 
The motor vehicle was a stolen vehicle, and the theft was timely reported to the appropriate law enforcement agency;
f. 
The license plate 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, and the theft was timely reported to the appropriate law enforcement agency;
g. 
Ownership of the motor vehicle had in fact been transferred prior to the violation; or
h. 
The motor vehicle was present in the intersection because it was inoperable.
C. 
Enforcement Procedures.
1. 
Except as otherwise provided herein, upon review of recorded image(s) showing an infraction under this Section, a City Police Officer shall cause a citation to be completed, which form may be completed electronically or online 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.
a. 
Based upon the information obtained from the recorded image, the Police Officer may cause to be obtained any additional information about the owner necessary to complete or mail the citation. The information may be obtained from the records of the Missouri Department of Revenue or through any other legal means. If the motor vehicle is registered in another State or country, the information may be obtained 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 through 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. All owners of an offending vehicle shall be jointly and severally liable for the violation.
c. 
A copy of the recorded image(s) upon which the citation is based shall be sent to the owner with the citation.
d. 
The citation shall permit an owner who rents or leases motor vehicles to others to avoid liability by timely furnishing the name, address and operator's license number of any renter or lessee in possession of an offending motor vehicle at the time the violation occurred.
e. 
The citation shall direct the owner to respond to the violation by a date certain, either by:
(1) 
Paying the fine in the manner specified,
(2) 
Providing an affidavit of non-liability justifying the vehicle's presence in the intersection as provided in Section 315.170(B)(3) and in the manner provided in the notice of violation, or
(3) 
Scheduling a hearing in the Municipal Court.
2. 
If the owner timely pays the specified fine, such payment shall be deemed a plea of guilty for the violation.
3. 
If the owner provides an affidavit of non-liability justifying the vehicle's presence in the intersection, then:
a. 
The City prosecuting attorney shall examine the affidavit and determine whether it provides sufficient information and proof of the claimed justification. If the affidavit is deemed sufficient, the citation shall be withdrawn and a notice to that effect shall be sent to the owner.
b. 
If prosecutor determines that an affidavit is not sufficient, then a notice shall be sent to the owner at the owner's last known address by first class U.S. mail, postage prepaid, indicating that the affidavit was insufficient. The notice shall provide that the owner must either pay the fine specified in the specified manner by a date certain or schedule a hearing in the Municipal Court.
c. 
It shall be unlawful for any person to provide a false affidavit of non-liability in response to a citation or notice issued under this Section. Any person doing so shall be subject to prosecution and upon conviction shall be subject to punishment as provided in Section 100.110 of this Code.
4. 
If the owner requests a hearing in the Municipal Court, the matter shall be scheduled for arraignment, and the owner shall be provided notice of the date and time of the hearing. If the owner otherwise fails to respond to the citation as provided in Section 315.170(C)(1)(e), the matter shall be scheduled for arraignment and the owner shall be provided notice of the date and time of the hearing.
D. 
Municipal Court Procedures.
1. 
After an arraignment hearing is scheduled, Municipal Court procedures for prosecuting ordinance violations shall apply to the violation, except as provided herein.
2. 
If a defendant fails to appear at an arraignment hearing, the case shall be set for trial. The Municipal Court may adjudicate any trial at which a defendant fails to appear, provided that the Court shall set aside the conviction of any person who can prove that he or she failed to appear because of a failure to receive a citation or subsequent notice of the Municipal Court hearing at which he or she failed to appear due to a change of address or other circumstances beyond the person's control.
3. 
Any person failing to appear at a scheduled hearing before the Municipal Court shall be subject to:
a. 
Prosecution for failure to appear under Section 135.270 of this Code and, upon conviction thereof, shall be subject to punishment as provided in Section 100.110;
b. 
The assessment of a fee for the recovery of the court's administrative costs in the sum of twenty-five dollars ($25.00) for each failure to appear, except that the Municipal Court shall adjudicate without penalty the case of any defendant who can prove that he or she failed to appear because of a failure to receive a citation or subsequent notice of the Municipal Court hearing at which he or she failed to appear due to a change of address or circumstances beyond the person's control; and/or
c. 
The imposition of an administrative hold on any registration renewal of the owner's license plates, as permitted by law.
4. 
The Traffic Violations Bureau may refer to a third (3rd) party, approved by the City Manager, for collection of those fines and costs remaining unpaid after a period of sixty (60) days following the date of final judgment. The cost of such collection effort shall not exceed twenty percent (20%) of the amount due, and said collection costs shall be added to the amount due. Interest at the maximum rate allowed by law may be charged to any fine or cost remaining unpaid after a period of sixty (60) days following the date of final adjudication.