Section 14-466.1 Automated traffic control systems.

Automated traffic control system means a system consisting of devices with one (1) or more motor vehicle sensors working in conjunction with traffic control signals to automatically produce photographs, a video tape or other recorded images of motor vehicles entering an intersection in violation of red traffic signal indications or otherwise violating city traffic control ordinances.

Automated traffic control system records means photographs, video tape or other recorded images of motor vehicles entering an intersection in violation of red traffic signal indications or otherwise violating city traffic control ordinances.

Owner means a registered owner of a motor vehicle, or a lessee of a motor vehicle under a lease of six (6) months or more as shown by the records of the state department of revenue or licensing bureau or department of any other state.

(b) Any automated traffic control system installed on a street or a highway in the City shall meet applicable requirements established by the State of Missouri.

(c) The following rules apply in all prosecutions for violations of Sec. 14-466 that are based on automated traffic control system records:

(1) A violation notice shall be mailed by first class mail to the defendant at the defendant’s last known address. The violation notice shall comply with Missouri Supreme Court Rule 37 and shall include the following:

a. A statement that the automated traffic control system record will be submitted as evidence in the Municipal Court trial of the violation of Sec. 14-466; and

b. A statement that if, at the time and place of the violation, the motor vehicle was operated by a person other than the owner, or the vehicle or license plate captured by the automated traffic control system record was stolen, the owner may submit information to that effect by affidavit, on a form provided by the City, before the Municipal Court proceeding, or under oath at the Municipal Court proceeding. If an owner furnishes satisfactory evidence pursuant to this paragraph, the court or the prosecutor may terminate the prosecution of the owner.

(3) A violation notice mailed under this section is presumed to have been received by the owner on the fifth day after the date the violation notice is mailed.

(4) There shall be a rebuttable presumption that the owner of a motor vehicle shown by an automated traffic control system record to have been operated in violation of Sec. 14-466 was the operator of the vehicle at the time and place where the violation was recorded by the automated traffic control system.

(5) If, at the time and place of the violation, the motor vehicle was operated by a person other than the owner, or the vehicle or license plate captured by the automated traffic control system record was stolen, the owner may submit information to that effect by affidavit, on a form provided by the City, before the Municipal Court proceeding, or under oath at the Municipal Court proceeding. If an owner furnishes satisfactory evidence pursuant to this paragraph, the court or the prosecutor may terminate the prosecution of the owner. The prosecutor may initiate prosecution against a person clearly identified in the evidence as the operator of the motor vehicle at the time of the violation.

(d) All automated traffic control systems must be identified by appropriate advance warning signs conspicuously posted not more than three hundred (300) feet from the location of the automated traffic control system location.