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.
[Ord. No. 1292 §1, 2007; Ord. No. 1346 §1, 5-14-2009]
A. Definitions. For purposes of this Section, the following
terms and phrases shall be defined as follows:
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
An 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.
B. Violation Of Public Safety At Intersections. Except as otherwise provided in this Section
315.065, a person commits the infraction of a 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 or unless the motor vehicle entered the intersection while the traffic control signal for the intersection was not emitting a steady red signal for the direction of travel or orientation of that vehicle in or through the intersection and the motor vehicle did not obstruct the passage of other vehicles or pedestrians; provided however, that an infraction shall be excused upon submission of a sworn statement that the presence of the motor vehicle in the intersection or other ordinance violation was justified because:
[Ord. No. 1427 §2, 12-12-2013]
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.
10. The motor vehicle is owned by any firm, partnership, association
or corporation and was not being used by an agent or employee acting
within the scope and course of his/her agency or employment.
C. Liability.[Ord. No. 1427 §2, 12-12-2013]
1. Liability for a violation of public safety at an intersection may
be based on ownership, without regard to whether the owner was operating
the motor vehicle at the time of the violation and is a separate and
distinct violation from violations charged to drivers of motor vehicles.
2. Liability for violation of public safety at an intersection and other traffic ordinances by drivers may also be established by photo traffic enforcement using the presumption set forth in Section
300.020 of this Code.
3. 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 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 thirty (30) days from the time of receipt of written
request for such information.
D. 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 and/or violations of other traffic ordinances at intersections. Specific system locations and uses shall be determined from time to time by the City Traffic Engineer. Recorded images from a single camera unit shall constitute sufficient basis for notice of violation if alone or in combination they clearly show a violation of this Section
315.065 or other traffic ordinance at an 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.
[Ord. No. 1427 §2, 12-12-2013]
E. Enforcement Procedures.[Ord. No. 1427 §2, 12-12-2013]
1. Except as otherwise provided herein, upon review of recorded image(s) showing a violation under this Section
315.065 or other ordinance violation at an intersection, a Police Officer of the City Police Department shall complete a notice of violation in a form approved by the City (which form may be completed electronically or online) and the City shall cause the completed notice of violation to be mailed to the owner at its last known address by First Class United States Mail, postage prepaid.
a. Based upon the information obtained from the recorded image, the
Police Officer may obtain any additional information about the owner
that is necessary to complete or mail the notice of violation 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 notice
of violation may be completed and addressed to any or all of them
and such owners shall be jointly and severally liable hereunder.
c. The notice of violation shall direct the owner to respond by paying the fine established by the Municipal Court at the appropriate time and place in the City or by providing a sufficient sworn statement of applicability of one (1) or more of the justifications set forth in Subsection
B of this Section
315.065, and shall inform the owner that absent such a response the owner will receive summons to appear before the Municipal Court regarding the citation.
d. A copy of the recorded image(s) upon which the notice of violation
is based shall be sent to the owner with the notice of violation.
e. The notice of violation 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 thirty (30) days of receipt of the request.
2. Any sworn statement provided by an owner shall be examined by the
City Prosecuting Attorney or designee. 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 notification shall be sent to the owner
(any or all of them) at its last known address by First Class United
States Mail, indicating that the statement was insufficient and direct
the owner either to pay the fine by a date specified in the notification
or to await a notice of hearing setting a court date. 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 notice of violation shall be withdrawn
and a new notice of violation shall be issued to the identified person,
together with a copy of the identifying statement, which person shall
be liable as if an owner. If a person in unlawful possession of a
stolen vehicle or a vehicle bearing stolen license plates or tags
that violates this Section is identified, such person shall be liable
as if an owner.
3. In lieu of completing a notice of violation, 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 is more likely than not that a justification applies to the violation.
F. Any notice of violation not otherwise resolved as provided herein
shall be considered by the Municipal Court in accordance with applicable
law. In addition to the justifications and excuses identified herein,
the Municipal Court may consider any and all relevant facts and applicable
law in resolving such notices of violation. Notwithstanding any other
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.
[Ord. No. 1427 §2, 12-12-2013]
G. 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 Traffic
Engineer determines that such signs will enhance the efficacy of the
system. Absence of such signs shall not provide justification for
or excuse a violation.
[Ord. No. 1427 §2, 12-12-2013]
H. Failure To Respond To Notice Of Violation. Any person who shall fail to respond to a notice of violation or other notice issued under this Section
315.065 by timely payment of fine, attendance at a hearing 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 notice of violation in the Municipal Court for violation of this Section subject to the general penalty provisions of Section
100.220, in addition to any other applicable liabilities or sanctions.
[Ord. No. 1427 §2, 12-12-2013]
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 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.