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 the manual and specifications approved by the State Highways and
Transportation Commission or resolution adopted by the Board of Aldermen
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.
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.
[Ord. No. 1292 §1, 2007; Ord. No. 1346 §1, 5-14-2009]
A.
AUTOMATED PHOTO TRAFFIC ENFORCEMENT SYSTEM
1.
2.
3.
MUNICIPAL COURT
OPERATOR
OWNER
RECORDED IMAGE
SYSTEM LOCATION
TRAFFIC CONTROL SIGNAL
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) 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.
An 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.[2]
[2]
State Law Reference — See Section 301.010,
RSMo., for statutory definitions of owner and operator.
B.
Violation Of Public Safety At Intersections. Except as otherwise provided in this Section 315.065, a person commits the infraction of a 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 or unless the motor vehicle entered the intersection while the traffic control signal for the intersection was not emitting a steady red signal for the direction of travel or orientation of that vehicle in or through the intersection and the motor vehicle did not obstruct the passage of other vehicles or pedestrians; provided however, that an infraction shall be excused upon submission of a sworn statement that the presence of the motor vehicle in the intersection or other ordinance violation was justified because:
[Ord. No. 1427 §2, 12-12-2013]
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.
10.
The motor vehicle is owned by any firm, partnership, association
or corporation and was not being used by an agent or employee acting
within the scope and course of his/her agency or employment.
C.
Liability.
[Ord. No. 1427 §2, 12-12-2013]
1.
Liability for a violation of public safety at an intersection may
be based on ownership, without regard to whether the owner was operating
the motor vehicle at the time of the violation and is a separate and
distinct violation from violations charged to drivers of motor vehicles.
2.
Liability for violation of public safety at an intersection and other traffic ordinances by drivers may also be established by photo traffic enforcement using the presumption set forth in Section 300.020 of this Code.
3.
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 thirty (30) days from the time of receipt of written
request for such information.
D.
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 and/or violations of other traffic ordinances at intersections. Specific system locations and uses shall be determined from time to time by the City Traffic Engineer. Recorded images from a single camera unit shall constitute sufficient basis for notice of violation if alone or in combination they clearly show a violation of this Section 315.065 or other traffic ordinance at an 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.
[Ord. No. 1427 §2, 12-12-2013]
E.
Enforcement Procedures.
[Ord. No. 1427 §2, 12-12-2013]
1.
Except as otherwise provided herein, upon review of recorded image(s) showing a violation under this Section 315.065 or other ordinance violation at an intersection, a Police Officer of the City Police Department shall complete a notice of violation in a form approved by the City (which form may be completed electronically or online) and the City shall cause the completed notice of violation to be mailed to the owner at its last known address by First Class United States Mail, postage prepaid.
a.
Based upon the information obtained from the recorded image, the
Police Officer may obtain any additional information about the owner
that 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.
b.
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 owners shall be jointly and severally liable hereunder.
c.
The notice of violation shall direct the owner to respond by paying the fine established by the Municipal Court at the appropriate time and place in the City or by providing a sufficient sworn statement of applicability of one (1) or more of the justifications set forth in Subsection B of this Section 315.065, and shall inform the owner that absent such a response the owner will receive summons to appear before the Municipal Court regarding the citation.
d.
A copy of the recorded image(s) upon which the notice of violation
is based shall be sent to the owner with the notice of violation.
e.
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 thirty (30) days of receipt of the request.
2.
Any sworn statement provided by an owner shall be examined by the
City Prosecuting Attorney or designee. 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 notification shall be sent to the owner
(any or all of them) at its last known address by First Class United
States Mail, indicating that the statement was insufficient and direct
the owner either to pay the fine by a date specified in the notification
or to await a notice of hearing setting a court date. 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 notice of violation shall be withdrawn
and a new notice of violation shall be issued to the identified person,
together with a copy of the identifying statement, which person shall
be liable as if an owner. If a person in unlawful possession 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 notice of violation, 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.
F.
Any notice of violation not otherwise resolved as provided herein
shall be considered by the Municipal Court in accordance with applicable
law. In addition to the justifications and excuses identified herein,
the Municipal Court may consider any and all relevant facts and applicable
law in resolving such notices of violation. 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 set by the
Municipal Court from time to time on the schedule for the Violations
Bureau and under no circumstances may a person be imprisoned for such
an infraction.
[Ord. No. 1427 §2, 12-12-2013]
G.
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 Traffic
Engineer determines that such signs will enhance the efficacy of the
system. Absence of such signs shall not provide justification for
or excuse a violation.
[Ord. No. 1427 §2, 12-12-2013]
H.
Failure To Respond To Notice Of Violation. Any person who shall fail to respond to a notice of violation or other notice issued under this Section 315.065 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 failure to respond to notice of violation in the Municipal Court for violation of this Section subject to the general penalty provisions of Section 100.220, in addition to any other applicable liabilities or sanctions.
[Ord. No. 1427 §2, 12-12-2013]
[1]
State Law Reference — For statutory definitions of owner
and operator, §301.010, RSMo.
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 which attempts to direct the movement of traffic,
or which hides from view or interferes with the effectiveness of any
official traffic control device.
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 inscription, shield or insignia thereon or any other
part thereof.
The City Traffic Engineer 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 City
Traffic Engineer 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 City
Traffic Engineer 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.
