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.
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 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.
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:
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.
