Section 14-466.1 Automated traffic control systems; violations and penalties.
Prior to the adoption of Ord. 21785 on 08/19/2013, Section 14-466.1 read as follows.
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
nature with limited sanctions consisting of fines only which are punitive in order to garner
compliance with the citys traffic regulations. No points are to be assessed upon a conviction
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 offenders state of mind at the time of the violation.
a 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
to automatically produce photographs, a video tape or other recorded images of motor
approaching and within
entering an intersection in violation of
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
approaching and within
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
or licensing bureau or department of any other state.
) 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.
) The following rules apply in all prosecutions for violations of
section 14-466 that
are based on automated traffic control system records:
Upon the filing of information in municipal court, the court clerk shall issue a summons
with a court date pursuant to
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
. 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
owner at the owners last known address. The court clerk shall mail the summons within sixty
(60) days after the alleged violation. The court clerk and shall
include the following in the
. A copy of the violation notice;
. A color copy of the recorded still image
or images of the alleged violation, which forms the
basis for the information; and
. 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
b. A statement that if, at the time and place of the violation, the motor vehicle
intersection pursuant to the following justifications
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 subsection, the court or the prosecutor
terminate the prosecution of the owner.
The justifications for termination of prosecution
i. The traffic control signal was not in a proper position so that it was
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
iv. The motor vehicle was part of a funeral procession pursuant to section
v. The motor vehicle was an authorized emergency vehicle operating in compliance
section 304.022, RSMo.;
vi. The motor vehicle or license plates were stolen and the vehicle was being
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
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.
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 operators 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
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 section 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
under one of the
justifications contained within paragraph (d)(2)b. above
by a person other than the owner, or the
vehicle or license plate captured by the automated traffic control system record was stolen,
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.
) 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
(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 courts
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 judges
authority for contempt.
(Ord. No. 19165, § 1, 8-21-06; Ord. No. 20370, § 1, 8-3-09)