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.
[1]
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.
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.
[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]
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 the 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 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 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.
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 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.
3.
Steady red indication.
a.
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.
b.
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.
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.
[1]
State Law Reference—For similar provisions, §300.155,
RSMo.
[Ord. No. 5954 §1, 10-24-2006]
A.
AUTOMATED PHOTO TRAFFIC ENFORCEMENT SYSTEM
1.
2.
3.
MUNICIPAL COURT
OPERATOR
OWNER
RECORDED IMAGE
SYSTEM LOCATION
TRAFFIC CONTROL SIGNAL
Definitions. As used
in this Section, the following terms shall have the following meanings:
A system that:
Consists of camera(s) and vehicle sensor(s), installed to work
in conjunction with an electrically operated traffic control signal;
and
Is capable of producing high resolution color digital recorded
images that show:
Is not designed to take recorded images of the faces of occupants
of a 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.
A still image digitally recorded by an Automated Photo Traffic
Enforcement System.
An intersection at which an Automated Photo Traffic Enforcement
System has been installed.
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.
B.
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:
1.
The
traffic control signal was not in proper position and sufficiently
legible to an ordinarily observant person;
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 instruction of the traffic
control signal in order to yield the right-of-way to an immediately
approaching authorized emergency vehicle;
4.
The
motor vehicle was being operated as part of a funeral procession pursuant
to Section 194.503, RSMo.;
5.
The
motor vehicle was being operated as an authorized emergency vehicle
as defined and in compliance with Section 304.022, RSMo.;
6.
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;
7.
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;
8.
Ownership
of the motor vehicle had in fact been transferred prior to the violation
(provided state records substantiate this statement);
9.
The
motor vehicle was present in the intersection because it was inoperable.
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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
violation, 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 ten (10) days from the time of receipt of written
request for such information.
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C.
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.
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 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.
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 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.
b.
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.
c.
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.
d.
A
copy of the recorded image(s) upon which the citation is based shall
be sent to the owner with the citation.
e.
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.
2.
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.
3.
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.
E.
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.
F.
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.
G.
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.
[1]
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.
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.
"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.
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 300.295, RSMo.
[CC 1970 §21-62; Ord. No. 4299 §1, 7-12-1983]
A.
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.
B.
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.
C.
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.
[1]
State Law Reference—For similar provisions, §300.200,
RSMo.
