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. 2011-07 §1, 2-14-2011; Ord. No. 2012-027 §1, 9-12-2012; Ord. No. 2014-005 §1, 1-13-2014]
A. Definitions. For purposes of this Section, the following
terms and phrases shall be defined as follows:
AUTOMATED TRAFFIC ENFORCEMENT SYSTEM
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.
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.
PERSON
Every natural person, firm, partnership, association or corporation.
RECORDED IMAGE
An image digitally recorded by an automated traffic enforcement
system.
SYSTEM LOCATION
The location at which an automated traffic enforcement system
has been located.
B. Violation Of Public Safety On Roadways.
1.
Every motor vehicle owner has a duty to ensure that his or her
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 his or her 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:
a.
The posting of the speed limit was not in accordance with State
or local law;
b.
The operator of the motor vehicle was acting in compliance with
the lawful order or direction of a police officer;
c.
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;
d.
The motor vehicle was being operated as an authorized emergency
vehicle as defined and in compliance with Section 304.022, RSMo.;
e.
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;
f.
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;
g.
Ownership of the motor vehicle had in fact been transferred
prior to the violation (provided State records substantiate this statement);
h.
Any other issues or evidence that the Court deems pertinent.
2.
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 United
States 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 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 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 its
last known address by first class United States 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.
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
315 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.
1.
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:
a.
Regular Speed Zone 1: one hundred fifteen dollars
($115.00) for exceeding the limit from ten (10) to fifteen (15) miles
per hour, one hundred thirty-five dollars ($135.00) from sixteen (16)
to nineteen (19) miles per hour, two hundred fifteen dollars ($215.00)
more than twenty (20);
b.
School Speed Zone 1: fifty dollars ($50.00)
for exceeding the limit from five (5) to nine and nine-tenths (9.9)
miles per hour, one hundred fifteen dollars ($115.00) for exceeding
the limit from ten (10) to fifteen (15) miles per hour, one hundred
thirty-five dollars ($135.00) from sixteen (16) to nineteen (19) miles
per hour, two hundred fifteen dollars ($215.00) more than twenty (20);
c.
Travel Safe Speed Zone 1: one hundred eighty-five
dollars ($185.00) for exceeding the limit from ten (10) to fifteen
(15) miles per hour, two hundred five dollars ($205.00) from sixteen
(16) to nineteen (19) miles per hour, two hundred eighty-five dollars
($285.00) more than twenty (20) miles per hour.
2.
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
315.066 of the Municipal Code shall apply to all charges, prosecutions and trials under this Section.
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.
[CC 1991 §315.160; Ord. No. 652 §1, 11-15-1988]
Wherever two (2) or more lanes exist for traffic movement in the same direction at any intersection, the City by ordinance may require official traffic control devices be placed to designate the individual lanes as exclusively for traffic movement in a particular direction; and all such official traffic control devices shall be obeyed as required by Section
315.030. A master schedule of lane direction control devices shall be maintained by the City Traffic Engineer on file in the City Clerk's office.