The State traffic laws regulating the speed of vehicles shall
be applicable upon all streets within the City, except that the City
may by ordinance declare and determine upon the basis of engineering
and traffic investigation that certain speed regulations shall be
applicable upon specified streets or in certain areas, in which event
it shall be unlawful for any person to drive a vehicle at a speed
in excess of any speed so declared when signs are in place giving
notice thereof.
The City Traffic Engineer is authorized to regulate the timing
of traffic signals so as to permit the movement of traffic in an orderly
and safe manner at speeds slightly at variance from the speeds otherwise
applicable within the district or at intersections and shall erect
appropriate signs giving notice thereof.
[CC 1992 §320.030; Ord. No. 101 §43, 8-16-1957; Ord. No. 136, 3-13-1961]
Except where otherwise provided by signs erected pursuant to
duly passed and approved ordinances, no person shall operate a vehicle
on any street in the City in excess of those speeds set out in Schedule
I of this Title.
[Ord. No. 24-01, 1-9-2024]
No person shall operate or drive a motor vehicle in a designated
school zone at a rate of speed in excess of fifteen (15) miles per
hour, Monday through Friday, between 7:00 A.M. and 6:00 P.M.
[1]
Editor's Note: As to designated school zones, see Sch. XI,
School Zones.
No person shall drive a motor vehicle at such a slow speed as
to impede or block the normal and reasonable movement of traffic,
except when reduced speed is necessary for safe operation or in compliance
with law. Peace Officers may enforce the provisions of this Section
by directions to drivers, and in the event of apparent willful disobedience
to this provision and refusal to comply with direction of an officer
in accordance herewith, the continued slow operation by a driver is
an ordinance violation.
[Ord. No. 09-947 §1, 10-14-2009; Ord. No. 10-952 §1, 3-30-2010]
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 producing high resolution color digital recorded images
that show the speed at which a vehicle is moving and 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.
An image digitally recorded by an Automated Traffic Enforcement
System.
The location at which an Automated Traffic Enforcement System
has been located.
[Ord. No. 09-947 §1, 10-14-2009; Ord. No. 10-952 §1, 3-30-2010]
A.
Except
as otherwise provided in this Section, a person commits the infraction
of violation of traffic safety on roadways when a motor vehicle of
which that person is an owner exceeds the posted speed limit. Provided
however, that an infraction shall be excused upon submission of a
sworn statement that the speed of the motor vehicle was justified
because:
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.
B.
Liability
hereunder is based on ownership, without regard to whether the owner
was operating the motor vehicle at the time of the infraction, 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
twenty-one (21) days from the time of receipt of written request for
such information.
[Ord. No. 09-947 §1, 10-14-2009; Ord. No. 10-952 §1, 3-30-2010]
An automated traffic enforcement system is hereby authorized
to be installed and operated within the City for the purpose of detecting
violations of traffic 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.
[Ord. No. 09-947 §1, 10-14-2009; Ord. No. 10-952 §1, 3-30-2010]
A.
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 of violation in a form approved
by the Chief of Police (which form may be completed electronically)
and the City shall cause the completed notice of violation to be mailed
to the owner at its last known address by first class U.S. mail, postage
prepaid, within fourteen (14) days after the date the recorded image(s)
were taken.
B.
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 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.
C.
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 owner shall be jointly and severally liable hereunder.
D.
The
notice of violation shall direct the owner to respond within twenty-one
(21) days of the date of mailing of the notice of violation 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.
E.
A copy
of the recorded image(s) upon which the notice of violation is based
shall be sent to the owner with the notice.
F.
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 twenty-one (21) days of receipt of the request.
G.
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 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 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 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.
H.
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.
[Ord. No. 09-947 §1, 10-14-2009; Ord. No. 10-952 §1, 3-30-2010]
Notwithstanding any other provision of the City Code of Ordinances,
the civil fine for the infraction of violation of traffic safety on
roadways shall be thirty dollars ($30.00) for exceeding the limit
from five (5) to ten (10) mph, one hundred dollars ($100.00) from
eleven (11) to fifteen (15) mph, one hundred twenty dollars ($120.00)
from sixteen (16) to twenty (20) mph, one hundred sixty dollars ($160.00)
more than twenty (20) mph. The fine shall increase by twenty-five
dollars ($25.00) whenever an additional notice shall be mailed due
to failure to respond in a timely manner. Under no circumstances may
a person be imprisoned for an infraction.
[Ord. No. 09-947 §1, 10-14-2009; Ord. No. 10-952 §1, 3-30-2010]
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.
[Ord. No. 09-947 §1, 10-14-2009; Ord. No. 10-952 §1, 3-30-2010]
Any person who shall fail to respond to a notice of violation
or letter issued under this Section by timely payment of fine or by
timely and sufficient statement as described herein or who shall submit
a false sworn statement hereunder shall 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 set forth
in the Municipal Code in addition to any other applicable liabilities
or sanction.
