Section 315.065 Violation of Public Safety At Intersections and The Automated Photo Enforcement of Traffic Control Signal Regulations
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 recognized standards and specifications. 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.
[CC 1970 §21-45]
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 Chapter, unless otherwise directed by a Police Officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Chapter.
State Law Reference—For similar provisions, §300.140, RSMo.
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.
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.
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.
[CC 1970 §21-46; Ord. No. 3579 §§1—2, 1-23-1973; Ord. No. 3646 §1, 4-23-1974; Ord. No. 3681 §1, 11-12-1974]
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 the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
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.
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 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.
Unless otherwise directed by a pedestrian control signal as provided in this Chapter, 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.
Steady yellow indication.
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.
Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in this Chapter, 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.
Steady red indication.
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.
Unless otherwise directed by a pedestrian control signal as provided in this Chapter, pedestrians facing a steady red signal alone shall not enter the roadway. Provided further, that pedestrians shall have the right-of-way over such right turning traffic.
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.
State Law Reference—For similar provisions, §300.155, RSMo.
Section 315.065 Violation of Public Safety At Intersections and The Automated Photo Enforcement of Traffic Control Signal Regulations 
[Ord. No. 5954 §1, 10-24-2006]
Definitions. As used in this Section, the following terms shall have the following meanings:
- AUTOMATED PHOTO TRAFFIC ENFORCEMENT SYSTEM
- A system that:
- 1. Consists of camera(s) and vehicle sensor(s), installed to work in conjunction with an electrically operated traffic control signal; and
- 2. Is capable of producing high resolution color digital recorded images that show:
- 3. Is not designed to take recorded images of the faces of occupants of a motor vehicle.
- MUNICIPAL COURT
- 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.
- RECORDED IMAGE
- A still image digitally recorded by an Automated Photo Traffic Enforcement System.
- SYSTEM LOCATION
- An intersection at which an Automated Photo Traffic Enforcement System has been installed.
- TRAFFIC CONTROL SIGNAL
- A traffic control device that displays alternating red, yellow, and green lights intended to direct traffic when to stop at or proceed through an intersection.
Violation Of Public Safety At Intersections. Except as otherwise provided in this Section, a person commits the infraction of violation of public safety at an intersection when a motor vehicle of which that person is an owner is present in an intersection while the traffic control signal for the intersection is emitting a steady red signal for the direction of travel or orientation of that vehicle in or through the intersection, unless the motor vehicle is in the process of making a lawful right turn. Provided however, that an infraction shall be excused upon submission of a sufficient sworn statement that the presence of the motor vehicle in the intersection was justified because:
The traffic control signal was not in proper position and sufficiently legible to an ordinarily observant person;
The operator of the motor vehicle was acting in compliance with the lawful order or direction of a Police Officer;
The operator of the motor vehicle violated the instruction of the traffic control signal in order to yield the right-of-way to an immediately approaching authorized emergency vehicle;
The motor vehicle was being operated as part of a funeral procession pursuant to Section 194.503, RSMo.;
The motor vehicle was being operated as an authorized emergency vehicle as defined and in compliance with Section 304.022, RSMo.;
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;
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;
Ownership of the motor vehicle had in fact been transferred prior to the violation (provided state records substantiate this statement);
The motor vehicle was present in the intersection because it was inoperable.
Automated Photo Traffic Enforcement System Authorized. An Automated Photo Traffic Enforcement System is hereby authorized to be installed and operated within the City for the purpose of detecting violations of public safety at intersections. Specific system locations shall be determined from time to time by the City Manager. Recorded images shall constitute sufficient basis for citation if alone or in combination they clearly show that the traffic control signal for an intersection is emitting a steady red signal for the direction of travel or orientation of a motor vehicle in or through the intersection, the motor vehicle present in the intersection, 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.
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 citation in a form approved by the City Manager (which form may be completed electronically or online) and the City shall cause the completed citation to be mailed to the owner at its last known address by first class U.S. Mail, postage prepaid, within thirty (30) days after the date the recorded image(s) were taken.
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 citation, 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.
If there is more than one (1) owner of the motor vehicle, a citation may be completed and addressed to any or all of them, and such owner shall be jointly and severally liable hereunder.
The citation shall direct the owner to respond within ten (10) days of the date of mailing of the citation either by paying the fine specified in this Section at the appropriate time and place in the City or by providing a sufficient sworn statement of applicability of one (1) of the justifications for presence of the motor vehicle in the intersection set forth in this Section.
A copy of the recorded image(s) upon which the citation is based shall be sent to the owner with the citation.
The citation 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 ten (10) days of receipt of the request.
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 sufficient, then the citation shall be withdrawn and a letter to that effect shall be sent to the owner by the City. 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 ten (10) 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 violation occurred, then the citation shall be withdrawn, a letter to that effect shall be sent to the owner by the City, and a new citation shall be issued to the identified person together with a copy of the identifying statement, which person shall be liable hereunder as if an owner. If the operator of a stolen vehicle or a vehicle bearing stolen license plates or tags that violates this Section is identified, such person shall be liable as if an owner.
In lieu of completing a citation, the Police Department may send a warning notice to the owner if the system location was established within one (1) week 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 violation.
Fine. Notwithstanding any other provision of the City Code of Ordinances, the fine for the infraction of violation of public safety at an intersection shall be equal to the applicable fine for failure to obey electric signal as set by the Municipal Court from time to time for the traffic violations bureau (TVB) and under no circumstances may a person be imprisoned for such an infraction.
Warning Signs. An Automated Photo Traffic Enforcement System may be identified by advance warning signs posted at entrances to the City and/or at specific system locations, if the City Manager determines that such signs will enhance the efficacy of the system. Absence of such signs shall not provide justification for a violation.
Failure To Respond To Citation. Any person who shall fail to respond to a citation or letter issued under this Section by timely payment of fine or by timely and sufficient statement as described herein, or who shall submit a false sworn statement hereunder shall be subject to prosecution for Failure to Respond to Citation in the Municipal Court for violation of this Section subject to the general penalty provisions of Section 100.110 of the Municipal Code, in addition to any other applicable liabilities or sanctions.
State Law Reference—For statutory definitions of owner and operator, §301.010, RSMo.
[CC 1970 §21-47; CC 1957 §11-11]
It shall be unlawful for any person to place or maintain or to display upon or in view of any street any unofficial sign, signal or device which purports to be or is an imitation of or resembles an official traffic 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 sign or signal. Every such prohibited sign, signal or device is declared to be a public nuisance and the Chief of Police is empowered to remove the same or cause it to be removed without notice.
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.
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:
"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.
"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 when the flashing signal begins shall proceed to a sidewalk or safety zone during the flashing signal.
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:
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.
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.
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 300.295, RSMo.
[CC 1970 §21-62; Ord. No. 4299 §1, 7-12-1983]
The Director of Public Works is authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.
Where 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.
Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to cause such vehicle to be moved from such traffic lane until the operator of such vehicle shall have first ascertained that such movement can be made with safety and then only after having given an appropriate hand or mechanical signal.
State Law Reference—For similar provisions, §300.200, RSMo.