[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:
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 Police Department of the City of Excelsior Springs, Missouri.
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.
[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.
[R.O. 2012 §347.030; Ord. No. 08-7-3, 8-4-2008]
[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:
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.
[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.
[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
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.
[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.
[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.
