FOR ORDINANCE NO. 060793
Providing for the establishment
of an automatic traffic control system through the use of what is commonly
known as red light cameras for the purpose of reducing injury to persons and
damage to property caused by persons failing to stop at red lights or railroad
crossings by amending Section 70-1, Code of Ordinances, to define automated
traffic control system and records; enacting a new Section 70-961, Code of
Ordinances, entitled Automated traffic control systems; requiring the City
Manager to assess the impact on the municipal justice system prior to
implementation of a system; requiring the identification of appropriate
intersections; requiring a review of any program after 12 months of operation;
and requiring a period of education and warnings.
WHEREAS, running red
lights is a dangerous activity that can and does result in personal injury,
even death, and property damage to people involved in accidents caused by
persons ignoring stop lights; and
WHEREAS, the Mayors
Task Force on Traffic Safety has recommended the use of automated traffic
control systems, commonly called red light cameras, as a means of reducing
traffic accidents; and
jurisdictions using automated traffic control systems experience a reduction in
intersection crashes where red light cameras are present; NOW, THEREFORE
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. Authorization
for program. That the City Manager is authorized to establish an
automated traffic control system program for the purpose of reducing personal
injury and property damage due to persons failing to stop for red lights or at
railroad crossings stop signals.
Section 2. Impact on municipal justice system.
That prior to establishing a program using automated traffic control systems
the programs effect on the Municipal Division of the Circuit Court and on all
other elements of the municipal justice system will be considered. The City
Manager shall present the results of this study as well as a plan for
implementation of the program for approval by the Council before seeking
proposals for technology.
Section 3. Consideration
of all technologies. That the City Manager shall seek competitive
proposals from providers of automated traffic control systems for the
installation, maintenance and operation of such systems without limitation on
the types of technology that will be considered. Minimization of costs to the
City in the installation, maintenance and operation of such systems shall be a
consideration in determining the products to be used. The City Manager shall
obtain Council approval of the choice of technology prior to entering into any
Section 4. Education
and warnings. That prior to use of automated traffic control system
records in the prosecution of running red light violations, the City will
conduct a public education program concerning the use of automated traffic
control systems and will issue warnings for an announced period of time prior
to bringing charges based on automated traffic control system records.
Section 5. Review
of program. That after a period of one year of prosecution of cases
using automated traffic control system records the City Manager will review the
effectiveness of the program and report to the Mayor, Council and members of
the Mayors Task Force on Traffic Safety.
Section 6. Task
Force hearings. That the Mayors Task Force on Traffic Safety will
reconvene following receipt of the City Managers report to independently
evaluate the use of the automated traffic control system and to receive public
comment on the first year of the program.
Section 7. Review
by sworn police officers. That the Chief of Police is
urged to involve a sworn officer in the review of all red light or railroad
crossing charges in which automated traffic control system records will be used
prior to submission of a charge to the City Prosecutor and Municipal Division
Section 8. Program
not a substitute for current efforts. That it is the intention of the
Mayor and Council that the Kansas City Police Department continue its efforts
to monitor dangerous traffic intersections to arrest traffic violators and
otherwise enforce the traffic control ordinances, and that an automated traffic
control system serve as another tool to reduce accidents and not as a
substitute for current efforts.
Section 9. Definitions
enacted. That section 70-1, Code of Ordinances, is amended to include
definitions of automated traffic control system and automated traffic
control system record to read as follows:
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
a collision between a vehicle and another vehicle, railroad train, person or
stationary object, or the overturn or upset of a vehicle which results in
property damage, personal injury or death; or any entry into or emerging from a
moving vehicle by a person which results in personal injury or death to such
means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for the purpose of
through vehicular traffic.
vehicle means any motorized vehicle manufactured and used exclusively for
off-highway use which is 50 inches or less in width, with an unladen dry weight
of 600 pounds or less, traveling on three, four or more low-pressure tires,
with a seat designed to be straddled by the operator and handlebars for
means any motor vehicle constructed, reconstructed, arranged, equipped, used or
meant for use of transporting ill, injured or otherwise incapacitated persons
from one place to another.
emergency vehicle means such fire department vehicles, police vehicles and
ambulances as are publicly owned, and such other publicly or privately owned
vehicles as are designated such by law, or by the board of police commissioners
of the city.
traffic control system means a system consisting of devices with one or
more motor vehicle sensors working in conjunction with traffic control signals
to automatically produce photographs, micrographs, a videotape or other
recorded images of motor vehicles entering an intersection in violation of red
traffic signal indications or otherwise violating traffic control ordinances.
traffic control system records means photographs, micrographs, videotape or
other recorded images of motor vehicles entering an intersection in violation
of red traffic signal indications or otherwise violating traffic control
means every vehicle propelled solely by human power upon which any person may
ride, having two tandem wheels, except such vehicles with a seat height of no
more than 25 inches from the ground when the seat is adjusted to its highest
position, and except scooters and similar devices.
means a street which is under jurisdiction of the board of parks and recreation
a motor vehicle designed and constructed for the general transportation of
passengers for hire and possessing a manufacturer's rated seating capacity for
a driver and eight or more passengers.
district means the territory contiguous to and including a highway when
within any 600 feet along such highway there are buildings in use for business
or industrial purposes, including but not limited to hotels, banks or office
buildings, railroad stations and public buildings which occupy at least 300 feet
of frontage on one side or 300 feet collectively on both sides of the highway.
driver's license. See "License."
motor vehicle means any self-propelled or towed vehicle used on public
highways to transport passengers or property when:
(1) The vehicle has a gross vehicle weight rating or gross
combination weight rating of 10,001 or more pounds;
(2) The vehicle is designed to transport more than 15 passengers,
including the driver; or
(3) The vehicle is used in the transportation of hazardous
materials in a quantity requiring placarding under regulations issued by the
secretary of transportation under the Hazardous Materials Transportation Act
(49 USC App. 1801-1813).
vehicle means a motor vehicle parked in an area where at least one side or
50 percent of a street or block is zoned residential, by a person not a
zone, used interchangeably with "work zone," in this
chapter, means any area upon or around any highway as defined in section
302.010, RSMo, which is visibly marked as an area where construction,
maintenance, or other work is occurring, and includes the lanes of a highway
leading up to the area upon which an activity described herein is being
performed, beginning at the point where appropriate signs directing motor
vehicles to merge from one lane into another lane are posted.
access street or highway means every highway, street or roadway in
respect to which owners or occupants of abutting lands and other persons have
no legal right of access to or from the highway, street or roadway, except at
such points only and in such manner as may be determined by the public
authority having jurisdiction over such highway, street or roadway.
(1) That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides of the
highway measured from the curbs or, in the absence of curbs, from the edges of
the traversable roadway; and in the absence of a sidewalk on one side of the
roadway, that part of a roadway included within the extension of the lateral
lines of the existing sidewalk at right angles to the center.
(2) Any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other markings on the
zone means a space adjacent to the curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers or materials.
means any person engaged in the sale or exchange of new, used or reconstructed
motor vehicles or trailers.
means the director of the public works department of this city.
street or highway means a street or highway divided into two or more
roadways by leaving an intervening space or by a physical barrier or by a
clearly indicated dividing section so constructed as to impede vehicular
means the operation of two or more vehicles from a point side by side at
accelerating speeds in a competitive attempt to outdistance each other, or the
operation of one or more vehicles over a common selected course, from the same
point to the same point, for the purpose of comparing the relative speeds or
power of acceleration of such vehicle or vehicles within a certain distance or
means every person who drives or is in actual physical control of a vehicle.
license means any license to operate a motor vehicle issued under the laws
of this state.
means a building or portion thereof designed exclusively for residential
occupancy by one family and provided with sanitation and cooking facilities.
vehicle. See "Authorized emergency vehicle."
means any chemical compound or mechanical mixture that is commonly used or
intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion, by
percussion or by detonator of any part of the compound or mixture may cause
such a sudden generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects on contiguous objects or
of destroying life or limb.
means every motor vehicle designed and used primarily as a farm implement, for
drawing plows, mowing machines and other implements of husbandry.
liquid means any liquid which has a flashpoint of 70 degrees Fahrenheit or
less, as determined by a Tagliabue or equivalent closed-cup test device.
combination weight rating (GCWR) means the value specified by the
manufacturer as the maximum loaded weight of a combination (articulated)
vehicle. In the absence of a value specified by the manufacturer, GCWR will be
determined by adding the GVWR of the power unit and the total weight of the
towed unit and any load thereon.
weight rating (GVWR) means the value specified by the manufacturer as the
maximum loaded weight of a single vehicle.
means the weight of a vehicle or vehicle combination without load plus the
weight of any load thereon.
means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes
of vehicular travel.
(1) A trailer or semitrailer which is designed, constructed and
equipped as a dwelling place, living abode or sleeping place, either
permanently or temporarily, and is equipped for use as a conveyance on streets
and highways; or
(2) A trailer or semitrailer whose chassis and exterior shell is
designed and constructed for use as a house trailer, as defined in subsection
(1) of this definition, but which is used instead, permanently or temporarily,
for the advertising, sale, display or promotion of merchandise or services, or
for any other commercial purpose except the transportation of property for hire
or the transportation of property for distribution by a private carrier.
vehicle means every vehicle designed to be moved solely by human power.
husbandry means every vehicle designed or adapted and used exclusively for
agricultural operations and only incidentally operated or moved upon the
highways or streets.
(1) The area embraced within the prolongation or connection of
the lateral curblines or, if none, then the lateral boundary lines of the
roadways of two highways which join one another at, or approximately at, right
angles, or the area within which vehicles traveling upon different highways or
streets joining at any other angle may come in conflict.
(2) Where a street or highway includes two roadways 30 feet or
more apart, then every crossing of each roadway of such divided street or
highway by an intersecting street or highway shall be regarded as a separate
intersection. If such intersecting street or highway also includes two roadways
30 feet or more apart, then every crossing of two roadways of such street or
highway shall be regarded as a separate intersection.
(3) The junction of an alley with a street or highway shall not
constitute an intersection.
authority means the director or a person or party authorized by the
director to issue residential parking permits for a residential permit parking
area or street.
means a roadway which is divided into two or more clearly marked lanes for
and license to operate a motor vehicle means any driver's license or any
other license or permit to operate a motor vehicle issued under, or granted by,
the laws of this state, including:
temporary license or instruction permit.
(2) The privilege of any person to drive a motor vehicle, whether
or not such person holds a valid license.
nonresident's operating privilege as defined in this section.
(4) Commercial driver's license (CDL): a license to operate any
commercial motor vehicle issued by the driver's state of residence.
(5) Class A CDL: required to operate any combination of vehicles
with a GCWR of 26,001 or more pounds provided the GVWR of the vehicles being
towed is in excess of 10,000 pounds.
(6) Class B CDL: required to operate any single vehicle with a
GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in
excess of 10,000 pounds GVWR.
(7) Class C CDL: required to operate any single vehicle, or
combination of vehicles, that meets neither the definition of Class A nor that
of Class B as contained in this section, but that either is designed to
transport 16 or more passengers including the driver, or is used in the
transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to
be placarded under the Hazardous Materials Regulations as set out in 49 CFR part172,
(8) Class E license: required to operate any vehicle for hire not
required to have a Class A, B or C CDL.
(9) Class F license: required to operate any private vehicle
which is transporting less than 15 persons and not transporting hazardous
materials requiring placarding.
M license: required for operation of a motorcycle only.
means a person holding a security interest in a vehicle.
means a space reserved for the exclusive use of vehicles during the loading or
unloading of passengers or property.
means a room rented as sleeping and living quarters, but without kitchen
facilities, and with or without an individual bathroom. In a suite of rooms
without kitchen facilities, each room which provides sleeping accommodations
shall be counted as one lodging room for the purpose of this chapter.
means a building, other than a hotel, where a room without meals or cooking
privileges for five or more persons is provided for compensation.
means every tire the surface of which in contact with the highway or street is
wholly or partly of metal or other hard, nonresilient material.
means a motor-driven cycle both with pedals to permit propulsion by human power
and with a motor which produces not to exceed two brake horsepower and which is
not capable of propelling the vehicle at a speed in excess of 30 miles per hour
on level ground. If an internal combustion engine is used, the displacement
shall not exceed 50 cubic centimeters; and the moped shall have a power drive
system that functions directly or automatically without clutching or shifting
by the operator after the drive system is engaged.
means every motor vehicle designed, used or maintained primarily as a mobile
dwelling, office or commercial space.
means every vehicle which is self-propelled, and every vehicle which is
propelled by electric power obtained from overhead trolley wires but not
operated upon rails, except vehicles moved solely by human power.
means every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
cycle means every motorcycle, motor scooter or motorized bicycle having an
engine with less than 150 cubic centimeters displacement or with five brake
horsepower or less.
means every person who is not a resident of this state.
operating privilege means the privilege conferred upon a nonresident by the
laws of this state pertaining to the operation by such person of a motor
vehicle, or the use of a vehicle owned by such person, in this state.
standard means whenever certain hours are named in this chapter, they shall
mean standard time or daylight saving time, as may be in current use in this
traffic control devices means all signs, signals, markings and devices not
inconsistent with this chapter placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning or
vehicle means any vehicle designed for or capable of cross-country travel
on or immediately over land, water, ice, snow, marsh, swampland or other
natural terrain without benefit of a road or trail:
without limitation, the following:
drive or low-pressure tire vehicles;
e. Vehicle using an endless belt or tread, or a combination of
tread and low-pressure tires;
f. Motorcycles, trail bikes, minibikes and related vehicles;
g. Any other means of transportation deriving power from any
other source other than muscle or wind; and
military, fire or law enforcement vehicle;
d. Farm-type tractors and other self-propelled equipment for
harvesting and transporting farm or forest products;
e. Any vehicle being used for farm purposes, earth-moving or
construction while being used for such purposes on the work site;
f. Self-propelled lawnmowers, or lawn or garden tractors, or
golf carts, while being used exclusively for their designed purposes; and
g. Any vehicle being used for the purpose of transporting a
means every person who drives or is in actual physical control of a vehicle.
service means a temporary prohibition against the operation of a particular
commercial motor vehicle, or the operation of a particular motor carrier.
service order means a declaration by the Federal Highway Administration or
any authorized enforcement officer of a federal, state, commonwealth or Puerto Rico, Canadian, Mexican or any local jurisdiction, that a driver, or a commercial
motor vehicle, or a motor carrier operation, is out of service.
means a person, other than a lienholder, having a property interest in or title
to a vehicle. The term includes a person entitled to the use and possession of
a vehicle subject to a security interest in another person, but excludes a
lessee under a lease not intended as security.
parking mean the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in loading or
unloading property or passengers.
means every motor vehicle, except motorcycles and motor-driven cycles, designed
for carrying ten passengers or less and used for the transportation of persons.
loading zone means a place reserved for the exclusive use of vehicles while
receiving or discharging passengers.
means any person afoot.
identification card means a document issued by the department of revenue of
the state for the sole purpose of identifying the bearer and not authorized for
use as a driver's license.
means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach or pole, or by
being boomed or otherwise secured to the towing vehicle, and ordinarily used
for transporting long or irregularly shaped loads such as poles, pipes or
structural members capable, generally, of sustaining themselves as beams
between the supporting connections.
officer means every officer of the police department or any officer
authorized to direct or regulate traffic or to make arrests for violations of
Private road or
driveway means every way or place in private ownership and used for
vehicular travel by the owner and those having express or implied permission
from the owner, but not by other persons.
means a carrier of persons or property upon cars operated upon stationary
or signal means any sign, signal or device erected by authority of a
public body or official or by a railroad intended to give notice of the
presence of railroad tracks or the approach of a railroad car.
train means a steam engine, electric or other motor, with or without cars
coupled thereto, operated upon rails.
means the registration certificate or certificates and registration plates
issued under laws pertaining to the registration of vehicles.
district means the territory contiguous to and including a street or
highway not comprising a business district when the property on such street or
highway for a distance of 300 feet or more is in the main improved with
residences or residences and buildings in use for business.
parking area means a contiguous or nearly contiguous area containing public
streets or parts thereof primarily abutted by residential property or
residential and nonbusiness property such as schools, parks, churches,
hospitals and nursing homes.
parking permit means a permit issued by the city or an issuing authority
which confers certain parking privileges upon the driver of the car to which it
permit parking area or street means a residential parking area or a
street where vehicles with an affixed residential parking permit may be parked
in excess of posted parking.
means the right of one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to give rise to danger of
collision unless one grants precedence to the other.
means that portion of a street or highway improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk, berm or shoulder, even though
such sidewalk, berm or shoulder is used by persons riding bicycles or other
human-powered vehicles. If a street or highway includes two or more separate
roadways, the term "roadway" as used in this chapter shall refer to
any such roadway separately but not to all such roadways collectively.
means the area or space officially set apart within a roadway for the exclusive
use of pedestrians and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a
means every motor vehicle that complies with the provisions of this chapter and
is used to transport pupils to or from school or in connection with school
activities, but not including buses operated by common carriers in urban
transportation of pupils.
means every vehicle, with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that some part of its weight and that of its load
rests upon or is carried by another vehicle.
means that portion of a street between the curblines, or the lateral lines of a
roadway and the adjacent property lines, intended for use by pedestrians.
tire means every tire of rubber or other resilient material which does not
depend upon compressed air for the support of the load.
standing mean the halting of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in receiving or
required, means complete cessation of movement.
stopping, when prohibited, mean any halting, even momentarily, of a
vehicle, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the direction of a police officer or
traffic control sign or signal.
means the entire width between boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of
means a public passenger motor vehicle with a rated passenger-carrying capacity
of five or less, exclusive of the driver, furnished for hire on a call or
demand basis to transport persons, packages or messages where the route
traveled and trip destination are controlled by the passenger and at a charge
or fare based upon time and mileage and recorded and indicated on a taximeter.
highway or street means every highway or street or portion thereof
on which vehicular traffic is given preferential right-of-way, and at the
entrances to which vehicular traffic from intersecting highways or streets is
required by law to yield the right-of-way to vehicles on such through highway
or street in obedience to a stop sign, yield sign or other official traffic
control device, when such signs or devices are erected as provided in this
means pedestrians, ridden or herded animals, vehicles and other conveyances,
either singly or together, while using any street or highway for purposes of
control signal means any device, whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
means every vehicle with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight rests upon the towing
means every motor vehicle designed, used or maintained primarily for the
transportation of property.
means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn.
means every device in, upon or by which any person or property is or may be
transported or drawn upon a street or highway, excepting devices used
exclusively upon stationary rails or tracks.
identification number means the numbers and letters, if any, designated for
the purpose of identifying the vehicle or the unique identifier assigned to
each vehicle by the manufacturer pursuant to regulations.
any words and phrases used in this chapter are not defined in this section but
are defined in the state or federal laws regulating the operation of vehicles,
any such definition in the state or federal law shall be deemed to apply to
such words and phrases used in this chapter, except when the context otherwise
Section 10. Procedures
for use of red light cameras. That there is enacted a new section
70-961, Code of Ordinances, entitled Automated traffic control systems to
read as follows:
Sec. 70-961. Automated traffic
with Missouri regulations. Any automated traffic control system or any
device which is part of an automated traffic control system installed or
deployed on a street or highway shall meet any applicable requirements
established by the State of Missouri.
for installation. The installation of automated traffic control systems is
Automated traffic control systems shall be installed at intersections or other
locations identified by the director of public works, in conjunction with
information available from the Kansas City Police Department, as dangerous due
to numerous traffic control ordinance violations.
presumption. A rebuttable presumption exists that the owner of a motor
vehicle operated or used in violation of this section was the operator of the
vehicle at the time and place the violation was captured by the automated
traffic control system record if the following things are proved:
a motor vehicle was being operated or used;
(2) That the operation or use of the motor vehicle was in
violation of this section; and
the defendant is the owner of the motor vehicle in question.
(1) Service of summons and other information. Upon the
filing of an information in the Municipal Division of the Circuit Court the
Court Administrator shall issue a summons, with a court date established,
pursuant to Missouri Supreme Court Rule 37. The summons shall be served
together with the following:
Copy of the violation notice;
b. Copy of the recorded image or images of the alleged violation
which form the basis of the information; and
Copy of the supplemental violation notice.
(2) Supplemental notice. A supplemental notice shall contain,
at a minimum, the following information:
a. Use of red-light camera evidence. A statement that the
automated traffic control system record will be submitted as evidence in the
Municipal Division proceeding for prosecution of a violation of this section;
b. Opportunity to rebut presumption of operation.
A statement that, if at the time and place of the violation, the motor vehicle
was being operated by a person other than the owner, or the vehicle or the
license plate captured by the automated traffic control system record was
stolen, the owner may submit by affidavit on a form provided by the City prior
to the proceeding, or under oath at the proceeding, information to that effect
and concerning the actual driver of the vehicle or the vehicles or license
plates status as stolen.
(3) Presumption of service. 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.
based on supplemental information. If an owner furnishes satisfactory
evidence pursuant to subsection (e)(2)(B) of this section, the City may
terminate the prosecution of the citation issued to the owner, and, if
appropriate, issue a citation to a person clearly identified in the evidence as
the operator of the motor vehicle at the time of the violation.
Any automated traffic control system on a street, highway or railroad crossing
must be identified by appropriate advance warning signs conspicuously posted
either at the major roadways entering the City, or not more than 300 feet from
the location of the automated traffic control system location. All advance
warning signs must be approved by the director of public works.
(1) Street or highway - intersection. No vehicle shall be
driven into an intersection controlled by a traffic control signal at which an
automated traffic control system is installed while the traffic control signal
facing the vehicle displays a steady red signal, including a steady red arrow.
a. Exception. Except when a sign is in place prohibiting
a turn, a motor vehicle facing any steady red signal, including a steady red
arrow, may be cautiously driven into the intersection to turn right, or to turn
left from a one-way street into a one-way street, after stopping as required by
section 70-954 of this code.
(2) Street or highway. No vehicle shall be driven past a
traffic control signal located along a street or highway but not at an
intersection at which an automated traffic control system is installed while
the traffic control signal facing the vehicle displays a steady red signal.
(3) Railroad crossing. No vehicle shall be driven through,
around or under any such crossing gate or barrier at a railroad crossing or
through a railroad crossing at which a stop signal is installed and at which an
automated traffic control system is installed while such gate or barrier is
closed or is being opened or closed or while such stop signal displays a steady
defenses. In addition to all applicable affirmative defenses
available by law, it shall be an affirmative defense to an information alleging
a violation of this section based upon automated traffic control system records
(1) The traffic-control signal was not in proper position and
sufficiently legible to an ordinarily observant person; or
(2) The operator of the motor vehicle was acting in compliance
with the lawful order or direction of a police officer; or
(3) The operator of the motor vehicle violated the instruction of
the traffic-control signal so as to yield the right-of-way to an immediately
approaching authorized emergency vehicle; or
(4) The motor vehicle was being operated as part of a funeral
procession pursuant to section 194.503, Revised Statutes of Missouri; or
(5) The motor vehicle was being operated as an authorized emergency
vehicle as defined and in compliance with section 304.022, Revised Statutes of
(6) The motor vehicle was a stolen vehicle and being operated by
a person other than the owner of the vehicle without the effective consent of
the owner; or
(7) The license plate depicted in the recorded image of the
violation was a stolen plate and being displayed on a motor vehicle other than
the motor vehicle for which the plate had been issued; or
(8) The motor vehicle was being operated by a person other than
the owner of the vehicle, provided that the owner, or the owner's
representative in the circumstance where the owner is not a natural person,
submits to the city an affidavit as provided in subsection (e)(2)(B); or
(9) The presence of ice, snow, unusual amounts of rain or other
unusually hazardous road conditions existed that would make compliance with
section 70-954 more dangerous under the circumstances than non-compliance.
The existence of affirmative
defenses as provided in this section shall not be construed to preclude the
defendant from introducing any other evidence of innocence which may be weighed
by the court pursuant to existing procedures.
Upon conviction of a violation of this section, the owner of the vehicle, or if
established as a person other than the owner of the vehicle the driver of the
vehicle, shall pay a fine up to $500.00.
pre-emption of other provisions. Nothing within this section is intended to
pre-empt the use of any other statute, ordinance or other applicable law or
regulation by a person authorized to enforce this chapter, except that a
violation of this section shall not be prosecuted if the owner or other proper
defendant is also accused of committing a violation of section 70-954 of this
code prohibiting running red lights.
Approved as to
form and legality:
Assistant City Attorney