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.
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.
[Ord. No. 1594 §2, 3-3-2008]
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.
5.
When traffic control signals are present, but not operating, drivers
and pedestrians shall proceed as though each has a stop sign and yield
the right-of-way.
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 railroad sign or signal, 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 or any railroad
sign or signal.
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 railroad sign or signal 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.
[Ord. No. 1560 §1, 2-20-2007]
A.
AUTOMATED RED LIGHT ENFORCEMENT SYSTEM
1.
2.
a.
b.
c.
3.
DEPARTMENT
MUNICIPAL COURT
OWNER
RECORDED IMAGE
TRAFFIC CONTROL SIGNAL
Definitions. As used in this Section, the following terms shall have these prescribed
meanings:
A system that:
Consists of a camera and vehicle sensor or sensors, installed
to work in conjunction with an electrically operated traffic control
signal; and
Is capable of producing exactly two (2) high resolution color
digital recorded images that show:
The traffic control signal while it is emitting a steady red
signal;
The offending vehicle; and
The license plate of the offending vehicle.
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All three (3) of these elements are required in a single recorded
image from the same camera unit which captured each of the two (2)
images. One (1) of the images must be of sufficient resolution to
clearly show all three (3) elements in either the first (1st) image
captured immediately prior to the violation or in the second (2nd)
image captured sequentially after the first (1st) image and while
the vehicle is in the intersection while the traffic signal is emitting
a steady red signal.
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No recorded images will be taken of the occupants of the vehicle.
The Police Department of the City of Oak Grove, Missouri.
The Municipal Court or Associate Circuit Court, as elected
by the municipality to hear ordinance violations pursuant to Section
479.040, RSMo.
The owner 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. The term
"owner" includes:
An image recorded by an automated red light enforcement system
that depicts the rear and side of a motor vehicle and is automatically
recorded on a digital image.
A traffic control device that displays alternating red, amber
and green lights intended to direct traffic when to stop at or proceed
through an intersection.
B.
Automated Red Light Enforcement System Authorized. Notwithstanding any other traffic regulations of the City of Oak Grove, Missouri, the City hereby adopts regulations for the automated enforcement of traffic control signal regulations. Accordingly, pursuant to the terms of this Section, the department is authorized to install and operate an automated red light enforcement system within the City for the purpose of enforcing traffic control signal regulations as provided in Section 315.030 of the Oak Grove City Code.
D.
Enforcement Procedures.
1.
The Department is responsible for the enforcement and administration
of this Section.
2.
Except as provided in Subsection (D)(7) of this Section, upon review of a recorded image capturing a violation of Section 315.030 of the Oak Grove City Code, a Police Officer of the department shall complete a violation notice, commonly known as Form 37.A, Uniform Citation, as described in Missouri Supreme Court Rule 37 and shall forward the completed violation notice to the municipal prosecutor not later than ten (10) days after the date the recorded image was captured.
a.
Pursuant to Subsection (C) above and 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 the violation 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.
b.
If there is more than one (1) owner of the motor vehicle, the violation
notice will be addressed to the primary owner or the first-listed
owner if there is no primary owner.
3.
If the municipal prosecutor, on his or her information and belief, concludes that a violation of Section 315.030 of the Oak Grove City Code was committed, the prosecutor shall complete the appropriate Section of the violation notice to create an information that charges the owner with the commission of a violation of Section 315.030 of the Oak Grove City Code and shall file the information with the Municipal Court, subject to the requirements of Missouri Supreme Court Rule 37.
4.
Upon the filing of the information in the Municipal Court, the Court
Clerk shall issue a summons pursuant to Missouri Supreme Court Rules
37.42 through 37.44. Not later than sixty (60) days after the date
the violation is alleged to have occurred, the Court Clerk shall serve
the summons on the owner by mailing it, together with:
5.
The supplemental violation notice shall contain, at a minimum, the
following information:
a.
A statement that the recorded image will be submitted as evidence in the Municipal Court proceeding for prosecution of the violation of Section 315.030 of the Oak Grove City Code; and
b.
A statement that, if at the time of the violation, the motor vehicle
was being operated by a person other than the owner, the owner may
transfer responsibility for the violation to the person who was in
possession and control of the motor vehicle at that time and place,
if the owner or the owner's representative where the owner is not
a natural person, submits to the City by affidavit, on a form provided
by the City or under oath at the Municipal Court proceeding, the name
and current address of the person:
(1)
Having possession and control of the vehicle at the time and
place of the violation;
(2)
Who was the lessee of the vehicle at the time of the violation,
if the vehicle was rented or leased from a person in the business
of renting or leasing motor vehicles at that time; or
(3)
Who was the subsequent owner of the motor vehicle, if ownership
of the vehicle was transferred by the owner before the time of the
violation.
6.
A violation notice and summons mailed under this Section is presumed
to have been received by the owner on the fifth (5th) day after the
date the violation notice is mailed.
7.
In lieu of issuing a violation notice, the Department may mail to
the owner a warning notice on a form created by the Department.
E.
Adjudication Procedure.
1.
The proceeding for a prosecution of a violation of Section 315.030 of the Oak Grove City Code using an automated red light enforcement system shall be conducted in the same manner as any other violation of the ordinances of the City.
2.
A person who is found guilty in Municipal Court may appeal that finding
of guilt in the Circuit Court for the Sixteenth Judicial Circuit pursuant
to Section 479.200, RSMo.
F.
Affirmative Defenses.
1.
In addition to all applicable affirmative defenses available by law,
it shall be an affirmative defense to an information filed under this
Section, to be proven by a preponderance of the evidence, that:
a.
The traffic control signal was not in proper position and sufficiently
legible to an ordinarily observant person; or
b.
The operator of the motor vehicle was acting in compliance with the
lawful order or direction of a Police Officer; or
c.
The operator of the motor vehicle violated the instruction of the
traffic control signal so as to yield the right-of-way to an immediately
approaching authorized emergency vehicle; or
d.
The motor vehicle was being operated as part of a funeral procession
pursuant to Section 194.503, RSMo.; or
e.
The motor vehicle was being operated as an authorized emergency vehicle
as defined and in compliance with Section 304.022, RSMo.; or
f.
The motor vehicle was a stolen vehicle and being operated by a person
other than the owner of the vehicle without the effective consent
of the owner; or
g.
The license plate depicted in the recorded image of the violation
was a stolen plate and being displayed on a motor vehicle other than
the motor vehicle for which the plate had been issued; or
h.
The motor vehicle was being operated by a person other than the owner
of the vehicle, provided that the owner or the owner's representative
in the circumstance where the owner is not a natural person, submits
to the City by affidavit, on a form provided by the City or under
oath at the Municipal Court proceeding, the name and current address
of the person:
(1)
Who had possession and control of the motor vehicle at the time
of the violation; or
(2)
Who was the lessee of the motor vehicle at the time of the violation,
if the motor vehicle was rented or leased from a person in the business
of renting or leasing motor vehicles at that time; or
(3)
Who was the subsequent owner of the motor vehicle, if ownership
of the vehicle was transferred by the owner before the time of the
violation; or
2.
To demonstrate that at the time of the violation the motor vehicle
was a stolen vehicle or the license plate displayed on the motor vehicle
was a stolen plate, the owner must submit proof acceptable to the
Municipal Court that the theft of the vehicle or license plate had
been timely reported to the appropriate law enforcement agency.
3.
The existence of affirmative defenses as provided in this Subsection
shall not be construed to preclude the defendant from introducing
any other evidence of innocence which may be weighed by the court
pursuant to existing procedures.
G.
Penalty. The penalty imposed for a finding of guilt for a violation of Section 315.030 of the Oak Grove City Code using an automated red light enforcement system under this Section shall be the same as the penalty for a finding of guilt for a violation of Section 315.030 of the Oak Grove City Code where an automated red light enforcement system was not used.
H.
Reporting Requirement. Nothing in this Section shall be
interpreted to avoid reporting requirements under Section 302.225,
RSMo.
[Ord. No. 1594 §3, 3-3-2008]
A.
It
shall be unlawful to drive and operate any motor vehicle onto, across
and out of any private property, private drive, public property, or
public drive to avoid a traffic control sign, device, and/or signal.
B.
A rebuttable
presumption that this Section has been violated shall exist if the
City proves that a driver operated a motor vehicle onto, across, and
out of any commercial property on the corner of any street intersection
without stopping on the property for the purpose of transacting business.
For the purpose of this Section, "transacting of business" shall mean that the driver or any occupant of the motor vehicle
enters the property with the intent of stopping to engage in a transaction
with the proprietors or their agents or employees of the business
for which the premises are licensed.
