Section 110-388; Ord. 20370; Amending Chapter 14 of the City Code as it relates to automated traffic control systems


Ordinance No. 20370                            Council Bill No. B 217-09

    AN ORDINANCE

amending Chapter 14 of the City Code as it relates to automated traffic control systems; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    Chapter 14 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 14-466.1. Automated traffic control systems.

    (a)     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 to automatically produce photographs, micrographs, 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, micrographs, 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 section 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: 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 section 14-466 by sending the summons by first class mail to the owner at the owner's last known address. The 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.    A copy of the violation notice;

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

         d c.    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 section 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 subsection, the court or the prosecutor may terminate the prosecution of the owner.

     (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.

. . .

    SECTION 2.    This ordinance shall be in full force and effect from and after its passage.

PASSED this 3rd day of August, 2009.