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.
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.
[Ord. No. 4313 §§1 —
3, 5, 6-20-2016; Ord. No. 4596, 2-3-2020]
A.
LOCAL STREET
SPEED BUMP
Definitions. As used in this Section the following terms shall have
the meanings indicated:
A street whose primary function is to provide the initial
access to the collector and arterial roadways.
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.
B.
Installation And Location Of Speed Bumps.
C.
Penalty. Any person violating any of the provisions of 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.
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.
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.
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 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.
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
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.
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.
[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.
[Ord. No. 3797 §1, 6-2-2008]
A.
AUTOMATED RED LIGHT ENFORCEMENT SYSTEM
1.
2.
a.
b.
c.
3.
MUNICIPAL COURT
OWNER
RECORDED IMAGE
SYSTEM LOCATION
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 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.
The approach to an intersection toward which an Automated
Red Light Enforcement System is directed and in operation.
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:
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.
[Ord. No. 3954 §1, 10-4-2010]
A.
AUTOMATED TRAFFIC ENFORCEMENT SYSTEM
MUNICIPAL COURT
OPERATOR
OWNER
RECORDED IMAGE
SYSTEM LOCATION
Definitions. 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.
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.
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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.
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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.
