City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents

Section 315.010 Authority to Install Traffic Control Devices.

The Chief of Police or his/her designee 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.

Section 315.020 Manual and Specifications for Traffic Control Devices.

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 City Council 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.

Section 315.025 Speed Bumps.

[Ord. No. 4313 §§1 — 3, 5, 6-20-2016]
A. 
Installation And Location Of Speed Bumps. The Public Works Director or designee believes it is necessary to install speed bumps in the 800 to 8100 blocks of Packard and the 8000 to 8100 blocks of January Street. The general policy criteria are as follows:
1. 
The streets are classified as local streets within the incorporated area of the City of Berkeley. "Local street" shall be defined as a street whose primary function is to provide the initial access to the collector and arterial roadways.
2. 
A "speed hump" is defined as a raised area of pavement intended to control vehicular speed on residential streets. Speed bumps include but are not limited to, speed tables, cushions and asphalt lumps.
3. 
January and Packard abut and provide access to residential properties.
4. 
January and Packard have no more than one (1) moving land of traffic in each direction.
5. 
January and Packard have a posted speed limit of twenty-five (25) miles per hour or less.
6. 
Bumps will be located on January and Packard; however, no hump will be installed in the cross street (Thurston) two streets.
7. 
Safe stopping and sight distance on January and Packard will be provided.
8. 
Signs will be posted indicating "CAUTION, SPEED BUMPS AHEAD."
9. 
Speed bumps will have heavy-duty reflective traffic paint sufficient for drivers to identify the speed bump.
B. 
Temporary Speed Bumps. The City Council may authorize the installation of temporary speed bumps without following the aforementioned Section.
C. 
Design Criteria Of Speed Bumps. The design of the asphalt bumps shall be in accordance to Exhibit A, Speed Bumps.[1] However, the City may choose to install rubber molded speed bumps from an approved designer.
[1]
Editor's Note: Exhibit A is included as an attachment to this Chapter.
D. 
Penalty. Any person violating any of the provisions of this Section or the code adopted in this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount as defined in Section 100.070. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Section 315.030 Obedience to 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.

Section 315.040 When Official Traffic Control Devices Required for Enforcement Purposes.

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.

Section 315.050 Official Traffic Control Devices — Presumption of Legality.

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.

Section 315.060 Traffic Control Signal Legend — Right Turn on Red Light, When.

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.
c. 
Unless otherwise directed by a pedestrian control signal as provided in Section 315.070, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
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.
b. 
Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in Section 315.070 are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
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.
c. 
Unless otherwise directed by a pedestrian control signal as provided in Section 315.070, pedestrians facing a steady red signal alone shall not enter the roadway.
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.

Section 315.070 Pedestrian Control Signals.

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.

Section 315.080 Flashing Signals.

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.
B. 
This Section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Section 335.090 of this Title.

Section 315.090 Lane Direction Control Signals.

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.

Section 315.100 Display of Unauthorized Signs, Signals or Markings.

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.

Section 315.110 Interference With Official Traffic Control Devices or Railroad Signs or Signals.

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.

Section 315.120 Authority to Establish Play Streets.

The Chief of Police or his/her designee 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.

Section 315.130 Play Streets.

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.

Section 315.140 Chief of Police or His/Her Designee to Designate Crosswalks and Establish Safety Zones.

A. 
The Chief of Police or his/her designee 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.

Section 315.150 Traffic Lanes.

A. 
The Chief of Police or his/her designee 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.

Section 315.160 Avoiding Traffic Control Devices.

[CC 1961 §38.100; Ord. No. 3221 §1, 9-21-1992]
No person operating a motor vehicle upon a City, County, or State maintained street or highway within the City of Berkeley shall leave the street or highway and enter onto a commercial driveway or parking lot to avoid an intersection whether controlled by a traffic control device or not.

Section 315.170 Violation of Public Safety and the Automated Enforcement of Traffic Control Signal Regulations.

[Ord. No. 3797 §1, 6-2-2008]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
AUTOMATED RED LIGHT ENFORCEMENT SYSTEM
A system that:
1. 
Consists of a camera and vehicle sensor or sensors installed to work in conjunction with an electrically operated traffic control signal; and
2. 
Is capable of producing exactly two (2) high resolution color digital recorded images that show:
a. 
The traffic control signal while it is emitting a steady red signal;
b. 
The offending vehicle; and
c. 
The license plate of the offending vehicle.
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.
3. 
No recorded images will be taken of the occupants of the vehicle.
MUNICIPAL COURT
The Municipal Court or Associate Circuit Court as elected by the municipality to hear ordinance violations pursuant to Section 479.040, RSMo.
OWNER
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:
1. 
A lessee of a motor vehicle under a lease of six (6) months or more, or
2. 
The lessee of a motor vehicle rented or leased from a motor vehicle rental or leasing company, but does not include the motor vehicle rental or leasing company itself.
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.
B. 
Violation Of Public Safety And The Automated Red Light Enforcement System Authorized. 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.
C. 
Reputable Presumption. If the City proves:
1. 
That a motor vehicle was being operated or used;
2. 
That the operation or use of the motor vehicle was in violation of this Section; and
3. 
That the defendant is the owner of the motor vehicle, then a reputable presumption exists that the owner of a motor vehicle operated or used in violation of this Section was the driver of the vehicle at the time and place the violation was captured by a recorded image.
D. 
Enforcement Procedures.
1. 
The Berkeley Police Department is responsible for the enforcement and administration of this Section.
2. 
Except as otherwise provided for herein, upon review of a recorded image capturing a violation of this Section, a Police Officer of the Department shall complete a violation notice, as described in Missouri Supreme Court Rule 37, and shall forward the completed violation notice to the owner of the motor vehicle, provided however:
a. 
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 (1st) listed owner if there is no primary owner.
3. 
Upon the filing of the information or complaint in the Municipal Court, the Berkeley, Police Department 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 Berkeley Police Department shall serve the summons on the owner by mailing it, together with:
a. 
A copy of the violation notice; and
b. 
A copy of the recorded image(s) of the offending vehicle, which forms the basis of the information; and
c. 
A copy of the supplemental violation notice to the owner's last known address by first class mail.
4. 
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 the applicable Section;
b. 
A statement that, if at the time of the violation the motor vehicle was being operated by a person other than the owner of the vehicle or the license plate captured by the recorded image was stolen, the owner may submit information to that effect by affidavit on a form provided by the City or under oath at the Municipal Court proceeding. If an owner furnishes satisfactory evidence pursuant to this provision, the Berkeley Prosecuting Attorney may terminate the prosecution of the citation issued to the owner and, if appropriate, issue a citation to a person clearly identified in the evidence as the operator of the motor vehicle at the time of this violation.
5. 
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.
E. 
Warning Signs. 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 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 Traffic Division.

Section 315.180 Violation of Traffic Safety on Roadways and the Automated Speed Enforcement Regulations.

[Ord. No. 3954 §1, 10-4-2010]
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 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.
MUNICIPAL COURT
The Municipal Court of the City.
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.
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 Traffic Safety On Roadways. 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 by more than ten (10) miles per hour. 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.
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.
C. 
Automated Traffic Enforcement System Authorized. 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 City Council 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 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.
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 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.
3. 
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.
4. 
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.
5. 
A copy of the recorded image(s) upon which the notice of violation is based shall be sent to the owner with the notice.
6. 
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.
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 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.
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.
E. 
Fine. 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 one hundred dollars ($100.00) for exceeding the limit from ten (10) mph or more. Under no circumstances may a person be imprisoned for an infraction.
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 shall fail to respond to a notice of violation or letter issued under this Section by timely payment of fine, attendance at a hearing, 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.