[Ord. No. 1084 §1, 6-21-2012; Ord. No. 2015 §1, 6-11-2013[1]; Ord. No. 2017 §1, 9-25-2013; Ord. No. 2003-A §1, 1-14-2014[2]]
A. AUTOMATED TRAFFIC ENFORCEMENT SYSTEM MUNICIPAL COURT OPERATOR OWNER PERSON RECORDED IMAGE SYSTEM LOCATION
Definitions. For purposes of this Section, the following terms and phrases shall be defined as follows:
A system that consists of camera(s) and vehicle sensor(s) capable of calculating the speed of a moving motor vehicle and producing high resolution color digital recorded images that show at least the license plate and number of the motor vehicle.
The Municipal Court of the City.
Any person who operates or drives a motor vehicle and has the same meaning as "driver."
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.
Every natural person, firm, partnership, association or corporation.
An image digitally recorded by an automated traffic enforcement system.
The location at which an automated traffic enforcement system has been located.
B.
Violation Of Public Safety On Roadways. Every motor vehicle owner has a duty to ensure that their motor vehicle at all times complies with the prescribed speed limits. It shall be deemed a violation of public safety on roadways for the owner to permit their motor vehicle to be operated at a rate of speed more than the posted speed limit. It shall be a rebuttable presumption that when a vehicle is recorded by an automated traffic enforcement system, it was being operated with the consent or the permission of the owner. Any such infraction may be excused upon submission of a sworn statement that:
1.
The posting of the speed limit was not in accordance with State or local law;
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 speed limit in order to yield the right-of-way to an immediately approaching authorized emergency vehicle;
4.
The motor vehicle was being operated as an authorized emergency vehicle as defined and in compliance with Section 304.022, RSMo.;
5.
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;
6.
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;
7.
Ownership of the motor vehicle had in fact been transferred prior to the violation (provided State records substantiate this statement);
8.
Any other issues or evidence that the Court deems pertinent.
A violation hereunder is based on ownership, without regard to whether the owner was operating the motor vehicle at the time of the infraction, except that, 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 twenty-one (21) days from the time of receipt of written request for such information. |
C.
Automated Traffic Enforcement System Authorized. An automated traffic enforcement system is hereby authorized to be installed and operated on streets within the City for the purpose of detecting violations of public safety on roadways. Specific system locations shall be determined from time to time by the Board of Aldermen upon recommendation of the Chief of Police. Recorded images from a single camera unit shall constitute sufficient basis for a notice of violation if alone, or in combination, they clearly show the speed at which a motor vehicle is moving 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 notice in a form approved by the Chief of Police (which form may be completed electronically) and the City shall cause the completed notice to be mailed to the owner, at the owner's last known address, by first-class US Mail, postage prepaid, within thirty (30) days after the date the recorded image(s) were taken.
2.
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 notice, 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.
3.
If there is more than one (1) owner of the motor vehicle, a notice may be completed and addressed to any or all of them, and each such owner shall be jointly and severally liable hereunder.
4.
The notice shall direct the owner to respond within the time prescribed in the notice either by paying the fine specified in this Section at the appropriate time and place in the City or by providing a sworn statement of applicability of one (1) of the justifications for exceeding the speed limit set forth in this Section.
5.
A copy of the recorded image(s) upon which the notice is based shall be sent to the owner with the notice.
6.
The notice 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 twenty-one (21) days of receipt of the request.
7.
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 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 his or her last known address by first-class US 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 twenty-one (21) 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 person shall be liable hereunder as if any owner.
8.
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 seven (7) days 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 infraction.
9.
The provisions of this Chapter are complementary to, and not instead of, Chapter 320, or any other provision of the City's Municipal Code, as well as corresponding State Statutes pertaining to the offense of speeding.
It is the intent of this Chapter to address the conduct and behavior of owners only, and to ensure that all those who own a vehicle allow only responsible individuals to operate their vehicle. |
E.
Fine. Notwithstanding any other provision of the City Code of Ordinances, the civil fine for the infraction of violation of public safety on roadways shall be one hundred thirty dollars ($130.00). Under no circumstances may a person be imprisoned for an infraction. This is a civil violation not a criminal offense.
F.
Warning Signs. An automated traffic enforcement system may be identified by advance warning signs posted at entrances to the City and/or at specific system locations, if the Board determines that such signs will enhance the efficacy of the system. Absence of such signs shall not provide justification for an infraction.
G.
Failure To Respond To Notice Of Violation. Any person who does not respond to the first notice or letter issued under this Section by payment of fine or by timely and sufficient statement as described herein, shall be deemed to have requested a court date, and shall be sent a notice of hearing with a court date in compliance with Rule 37.33 VAMR Form 37A. If the person fails to appear as ordered, the person shall be sent a summons to appear in Court. If the person fails to appear the person may be subject to prosecution for the offense of failure to appear in the Municipal Court for violation of this Section subject to the general penalty provisions of Section 100.220 set forth in the Municipal Code in addition to any other applicable liabilities or sanction.
H.
The presumption of operation in Section 315.065 of the Municipal Code shall apply to all charges, prosecutions and trials under this Section.