[Ord. No. 1199 §1, 8-15-2011]
Definitions. As used in this Section, the following terms mean:
- AUTOMATED SPEED ENFORCEMENT SYSTEM
- A system that consists of a speed detection device, and photographic, video or electronic camera or cameras and vehicle sensor or sensors linked to a violation detection system that synchronizes the taking of a recorded image with the occurrence of a violation of speed regulations set forth in Chapter 320 and Schedule I: Speed Limits of the City Traffic Code; and that is capable of producing high resolution color digital recorded images that show:
- CITY TRAFFIC CODE
- Title III of the Municipal Code of the City of Vinita Park.
- Any individual driving a vehicle.
- RECORDED IMAGE
- Photograph(s), microphotograph(s), micrograph(s), videotape(s) or other recorded image or images of motor vehicles moving at a speed in excess of that permitted by Chapter 320 of the City Traffic Code.
- SYSTEM LOCATION
- The street or highway toward which an automated speed enforcement system is directed and is in operation, [other than a State highway, or any other], other than a location restricted or prohibited by Missouri State law. It includes the location where the automated speed enforcement system is installed or deployed at the time a recorded image is taken.
Any automated speed enforcement system, or any device which is part thereof, installed or deployed on a street or highway in the City shall meet any applicable requirements established by the State of Missouri.
The installation, deployment, and use of automated speed enforcement systems in the City by or under the supervision of the Police Department are hereby authorized. Devices which are part of an automated speed enforcement system may be installed or deployed at system locations identified by the Police Department in consultation with the Traffic Engineer.
Probable Cause. An officer employed by the Police Department shall examine the recorded image to determine if the following elements are contained within the recorded image:
The offending vehicle;
The license plate of said vehicle;
The operator of said vehicle;
The speed of said vehicle;
The posted speed limit at the system location; and
The date and time of the recorded image.
The officer shall identify the operator of the vehicle at the time the violation was committed whose image appeared on the recorded image and may use any lawful means to do so. If the officer determines that all of the above elements are present, the officer shall then determine whether sufficient facts appear to show probable cause that a violation of Chapter 320 of the City Traffic Code was committed and that the person that is to be accused of committing the violation committed it.
Upon the filing of information in the Municipal Court, a summons shall issue, with a court date, pursuant to Missouri Supreme Court Rules 37.33 through 37.44. Not later than sixty (60) days after the date the violation is alleged to have occurred, the summons shall be served on the operator by mailing it, together with:
A copy of the violation notice; and
A copy of the recorded image(s) of the alleged violation, which forms the basis of the information; and
A copy of the supplemental violation notice as described in Subparagraph (a) of this Subsection (E)(3) to the operator's last known address by first class mail.
The supplemental violation notice shall contain, at a minimum, a statement that the recorded image will be submitted as evidence in the Municipal Court proceeding for prosecution of the violation of the applicable provision of Chapter 320 of the City Traffic Code.
A violation notice and summons mailed under this Section is presumed to have been received by the operator on the fifth (5th) day after the date the violation notice is mailed.
Any automated speed enforcement system on a street or highway must be identified by appropriate advance warning signs conspicuously posted either at the major roadways entering the City or not more than three hundred (300) feet from the location of the automated speed system location. All advance warning signs must be approved by the Traffic Engineer.
Any person pleading guilty or found by the Municipal Court to be in violation of the posted speed regulations of the City, after a probable cause determination made with the use of evidence from an automated speed detection system, shall be guilty of an infraction punishable by civil fine only of one hundred dollars ($100.00) or less, as determined by the Municipal Court.