City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents

Section 347.010 Definitions.

[R.O. 2012 §347.010; Ord. No. 08-7-3, 8-4-2008]
The following words and phrases, when used in this Chapter, shall mean:
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.
DEPARTMENT
The Police Department of the City of Excelsior Springs, Missouri.
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.

Section 347.020 Automated Red Light Enforcement System Authorized.

[R.O. 2012 §347.020; Ord. No. 08-7-3, 8-4-2008]
Notwithstanding any other traffic regulations of the City of Excelsior Springs, 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 315.060.

Section 347.030 Rebuttable Presumption.

[R.O. 2012 §347.030; Ord. No. 08-7-3, 8-4-2008]
A. 
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 Section 315.060; and
3. 
That the defendant is the owner of the motor vehicle, then:
B. 
A rebuttable presumption exists that the owner of a motor vehicle operated or used in violation of Section 315.060 was the operator of the vehicle at the time and place the violation was captured by a recorded image.

Section 347.040 Enforcement Procedures.

[R.O. 2012 §347.040; Ord. No. 08-7-3, 8-4-2008; Ord. No. 09-10-3, 10-5-2009]
A. 
The Police Department is responsible for the enforcement and administration of this Chapter.
B. 
Except as provided in Subsection (F) of this Section, upon review of a recorded image capturing a violation of Section 315.060, a duly-commissioned 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 after approval of the violation.
1. 
Pursuant to Section 347.030 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.
2. 
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.
C. 
If the municipal prosecutor, on his or her information and belief, concludes that a violation of Section 315.060 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 315.060 and shall file the information with the Municipal Court, subject to the requirements of Missouri Supreme Court Rule 37.
D. 
Upon the filing of the information in the Municipal Court, the Court Clerk or designee shall issue a summons with a court date, pursuant to Missouri Supreme Court Rules 37.42 through 37.44. The summons shall be served on the owner by mailing it, together with:
1. 
A copy of the violation notice; and
2. 
A copy of the recorded image(s) of the offending vehicle, which forms the basis of the information; and
3. 
A copy of the supplemental violation notice to the owner's last known address by first class mail.
E. 
The supplemental violation notice shall contain, at a minimum, the following information:
1. 
A statement that the recorded image will be submitted as evidence in the Municipal Court proceeding for prosecution of the violation of Section 315.060; and
2. 
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:
a. 
Having possession and control of the vehicle at the time and place of the violation;
b. 
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
c. 
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.
F. 
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.

Section 347.050 Adjudication Procedure.

[R.O. 2012 §347.050; Ord. No. 08-7-3, 8-4-2008]
A. 
The proceeding for a prosecution of a violation of Section 315.060 using an automated red light enforcement system shall be conducted in the same manner as any other violation of the ordinances of the City.
B. 
A person who is found guilty in Municipal Court may appeal that finding of guilt in the Circuit Court for the 7th Circuit pursuant to Section 479.200, RSMo.

Section 347.060 Affirmative Defenses.

[R.O. 2012 §347.060; Ord. No. 08-7-3, 8-4-2008]
A. 
In addition to all applicable affirmative defenses available by law, it shall be an affirmative defense to an information filed under this Chapter, to be proven by a preponderance of the evidence, that:
1. 
The traffic control signal was not in proper position and sufficiently legible to an ordinarily observant person; or
2. 
The operator of the motor vehicle was acting in compliance with the lawful order or direction of a Police Officer; or
3. 
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
4. 
The motor vehicle was being operated as part of a funeral procession pursuant to Section 194.503, RSMo.; or
5. 
The motor vehicle was being operated as an authorized emergency vehicle as defined and in compliance with Section 304.022, RSMo.; or
6. 
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
7. 
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
8. 
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:
a. 
Who had possession and control of the motor vehicle at the time of the violation; or
b. 
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
c. 
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
9. 
The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with Section 315.060 more dangerous under the circumstances than non-compliance.
B. 
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.
C. 
The existence of affirmative defenses as provided in this Section 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.

Section 347.070 Penalty.

[R.O. 2012 §347.070; Ord. No. 08-7-3, 8-4-2008; Ord. No. 09-10-3, 10-5-2009]
The penalty imposed for a finding of guilt for a violation of Section 315.060 using an automated red light enforcement system under this Chapter shall be the same as the penalty for a finding of guilt for a violation of Section 315.060 where an automated red light enforcement system was not used except no incarceration shall be permitted or authorized.

Section 347.080 Reporting Requirement.

[R.O. 2012 §347.080; Ord. No. 08-7-3, 8-4-2008; Ord. No. 09-10-3, 10-5-2009]
In no case shall points be assessed against any person pursuant to Section 302.302, RSMo., for a conviction of a violation of the City Traffic Code detected through the automated red light enforcement system. No such convictions will be reported to the Missouri Department of Revenue.