Section 14-466.1 Automated traffic control systems; violations and penalties.

    (a)     The purpose of this section is to promote public safety at intersections controlled by automated traffic control signals.  A violation of this section will be an infraction and civil in nature with limited sanctions consisting of fines only which are punitive in order to garner compliance with the city’s traffic regulations.  No points are to be assessed upon a conviction of this ordinance, nor will jail time be a consideration of punishment.  This is a strict liability offense and no regard is given as to the offender’s state of mind at the time of the violation.

    (b)    The following definitions apply to this section:

    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  as defined in section 14-466  to automatically produce photographs, a video tape or other recorded images of motor vehicles approaching and within an intersection in violation of this section .

    Automated traffic control system records means photographs, video tape or other recorded images of motor vehicles  approaching and within  an intersection in violation of  this section .

    Owner means a registered owner  or owners  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.     

    ( c )    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.

    ( d )    The following rules apply in all prosecutions for violations of this section that are based on automated traffic control system records:

(1)    Upon the filing of information in municipal court, the court clerk shall issue a summons with a court date pursuant to Missouri Supreme Court Rule 37 .  The court clerk shall serve the summons on the owner of the vehicle involved in the alleged violation of this section by sending the summons by first class mail  to the owner at the owner’s last known address.  The court clerk shall mail the summons within sixty (60) days after the alleged violation.  The court clerk shall include the following in the mailing:

    a.    The summons;

b .    A copy of the violation notice;

c .    A copy of the recorded image or images of the alleged violation, which forms the basis for the information; and

d .    A copy of the supplemental violation notice described in subsection (c)(2).

(2)    The supplemental violation notice shall contain the following information:

a.    A statement that the automated traffic control system record will be submitted as evidence in the municipal court trial of the violation of this section; and

b.    A statement that if, at the time and place of the violation, the motor vehicle was   within the intersection pursuant to the following justifications , the court or the prosecutor may terminate the prosecution of the owner.   The justifications for termination of prosecution include:  

i.    The traffic control signal was not in a proper position so that it was sufficiently observable by an ordinarily observant person;

ii.    The operator of the motor vehicle was acting in compliance with the directions of a law enforcement officer or fire department official;

iii.    The operator of the motor vehicle was yielding the right-of-way to an approaching emergency vehicle;

iv.    The motor vehicle was part of a funeral procession pursuant to section 194.503, RSMo.;

v.    The motor vehicle was an authorized emergency vehicle operating in compliance with section 304.022, RSMo.;

vi.    The motor vehicle or license plates were stolen and the vehicle was being operated without permission of the owner, provided the theft was timely reported to the appropriate law enforcement agency; or

vii.    Ownership of the vehicle had been transferred prior to the violation.

(3)    A violation notice and summons 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)     Liability for a violation of this section is based on ownership of the vehicle without regard to operation except as provided by section 304.120.4, RSMo. If the owner of a vehicle is claiming the exception under section 304.120.4 RSMo., the owner must furnish the name, address, and operator’s license number of the person renting or leasing the motor vehicle at the time of the violation within thirty (30) days from the time of receipt of written request for such information.  

(5)    If, at the time and place of the violation, the motor vehicle was operated  under one of the justifications contained within paragraph (d)(2)b. above , 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 subsection, 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.

    ( e )    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.

    (f)     Violation.  Except as provided in this section, a person commits the infraction of this public safety ordinance when a motor vehicle of which that person is the registered 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 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 motor vehicles or pedestrians.

    (g)      Penalty.  The penalty for a violation of this infraction shall not exceed two hundred ($200.00) dollars. The judge of the municipal court shall set the fine amount upon the court’s Violations Bureau schedule.  Additionally, as operation is not an element in the violation of this section, no report to the Missouri Department of Revenue is authorized as the violation is deemed a non-moving violation.  Under no circumstances may a person be imprisoned for a violation of this section; however, nothing in this section shall be construed to restrict the judge’s authority for contempt.

(Ord. No. 19165, § 1, 8-21-06; Ord. No. 20370, § 1, 8-3-09; Ord. No. 21785, § 1, 8-19-13)


(Ord. 21785, Amended, 08/19/2013, Prior Text; Ord. 20370, Amended, 08/03/2009, Prior Text; Ord. 19165, Added, 08/21/2006)