Section 335.110 Violation of Public Safety and the Automated Red Light Enforcement System Authorized.
Whenever any ordinance of the City designates and describes a through street, it shall be the duty of the City Traffic Engineer to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic control signals; provided however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets as may be determined by the City Traffic Engineer upon the basis of an engineering and traffic study.
The City Traffic Engineer is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one (1) or more entrances to any such intersection in which event he/she shall cause to be erected a stop sign at every such place where a stop is required, or whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in Subsection (A) of Section 335.040 in which event he/she shall cause to be erected a yield sign at every place where obedience thereto is required.
[R.O. 2009 §14-157; Code 1969 §22-87(a)]
Between the hours of 7:00 A.M. and 4:00 P.M. on all days of the week on which any school within the City is in session, every operator of any vehicle proceeding on a street declared by Schedule XII, Table XII-A to be a school stop shall cause such vehicle or other conveyance to stop before entering upon or crossing over such street.
[R.O. 2009 §14-156; Code 1969 §22-87(b)]
Between the hours of 7:00 A.M. and 4:00 P.M. on all days of the week on which any school within the City is in session, every operator of any vehicle proceeding on or through a school crossing designated in Schedule XII, Table XII-B shall cause such vehicle to enter the crossing with caution.
The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Subsection (B) of Section 335.040 and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his/her failure to yield right-of-way.
The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.
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.
Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this Section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad and shall not proceed until he/she can do so safely. The foregoing requirements shall apply when:
A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
No person shall drive a vehicle through a railroad crossing when there is not sufficient space to drive completely through the crossing.
No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the railroad crossing.
Every commercial motor vehicle as defined in Section 302.700, RSMo., shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said commercial motor vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear. This Section does not apply to vehicles which are required to stop at railroad crossings pursuant to Section 304.030, RSMo.
[R.O. 2009 §14-412; Ord. No. 4048 §1, 11-20-2006; Ord. No. 4323 §1, 3-5-2012]
The following terms, when used in this Article, shall mean:
- MUNICIPAL COURT
- The Municipal Court or Associate Circuit Court as elected by the municipality to hear ordinance violations pursuant to Section 479.040, RSMo.
- A person who operates or drives a motor vehicle and has the same meaning as "DRIVER".
- 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:
- RECORDED IMAGE
- 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.
- SYSTEM LOCATION
- The approach to an intersection toward which an automated red light enforcement system is directed and in operation.
- TRAFFIC CONTROL SIGNAL
- 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.
Section 335.110 Violation of Public Safety and the Automated Red Light Enforcement System Authorized.
[R.O. 2009 §14-413; Ord. No. 4048 §1, 11-20-2006]
A person commits the offense of violation of public safety when such person fails to comply with the rules and regulations when a steady red signal appears at an intersection and the violation is detected through the automated red light enforcement system which is authorized for installation and operation within the City for the purpose of enforcing the regulations as provided for herein.
[R.O. 2009 §14-414; Ord. No. 4323 §2, 3-5-2012]
Except as otherwise provided in this Section, a person commits the infraction of 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 turn or unless the motor vehicle entered the intersection while the traffic control signal for the intersection was emitting a steady yellow 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 sufficient sworn statement that the presence of the motor vehicle in the intersection was justified because:
The traffic control signal was not in proper position and sufficiently legible to an ordinarily observant person;
The operator of the motor vehicle was acting in compliance with the lawful order or direction of a Police Officer;
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;
The motor vehicle was being operated as part of a funeral procession pursuant to Section 194.503, RSMo.;
The motor vehicle was being operated as an authorized emergency vehicle as defined and in compliance with Section 304.022, RSMo.;
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;
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;
Ownership of the motor vehicle had in fact been transferred prior to the violation (provided State records substantiate this statement);
The motor vehicle was present in the intersection because it was inoperable.
[R.O. 2009 §14-416; Ord. No. 4048 §1, 11-20-2006]
Any automated traffic control system on a street or highway must be identified by appropriate advance warning signs conspicuously posted either at the major entrances to the City or not more than three hundred (300) feet from the location of an automated traffic control system located at an intersection. All advance warning signs shall be approved by the Police Department.
[R.O. 2009 §14-417; Ord. No. 4048 §1, 11-20-2006; Ord. No. 4073 §1, 6-18-2007]
The fine established for violation of the automated red light enforcement system shall be one hundred dollars ($100.00).