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<br /> <br /> <br />Council Agenda Item Cover <br /> <br />___________________________________________________________ <br /> <br />MEETING DATE: <br /> July 16, 2007 <br /> <br />AGENDA ITEM TITLE: <br /> AN ORDINANCE AMENDING CHAPTER 10.32 OF THE <br />UNIVERSITY CITY MUNICIPAL CODE, RELATING TO MISCELLANEOUS VEHICLE <br />AND TRAFFIC REGULATIONS, BY ENACTING THEREIN A NEW SECTION TO BE <br />KNOWN AS “SECTION 10.32.180 AUTOMATED PHOTO TRAFFIC CONTROL <br />SIGNAL ENFORCEMENT SYSTEM”; CONTAINING A SAVINGS CLAUSE AND <br />PROVIDING A PENALTY. <br /> <br />AGENDA SECTION: <br /> New Business <br /> <br />CAN THIS ITEM BE RESCHEDULED? <br />Yes <br /> <br />BACKGROUND REVIEW: <br />Attached is the proposed red light camera ordinance. A new section would be created <br />in Municipal Code Chapter 10.32 on miscellaneous vehicle and traffic regulations. An <br />"Automated Photo Traffic Control Signal Enforcement System" would be authorized at <br />Delmar and Big Bend and Delmar and Hanley. The Public Works Director would be <br />authorized to place and maintain signs notifying motorists of the System. The fine <br />would be $100 and could be paid in the Traffic Violation Bureau if authorized by the <br />Municipal Judge pursuant Missouri Supreme Court Rule 37. No other punishment <br />would be authorized. Currently, fines for parking tickets, minor traffic tickets, false <br />alarms, etc., may be paid in TVB. The red light camera violation fines would also be <br />paid through the TVB. Both the owner and the operator would be liable, except in <br />certain lease situations to conform with State law (Section 304.120.4 RSMo) and if a <br />person was using the vehicle without the owner's consent. In most cases the owner <br />would be the one prosecuted, but the prosecuting attorney could elect to prosecute <br />only the driver if different than the owner and the owner cooperates in identifying the <br />driver. The camera photos and any additional evidence must be reviewed by a police <br />officer before a citation could be issued. Copies of the citation and photos would have <br />to be mailed to the owner as soon as practicable but no later than 30 days after the <br />photos were taken. The mailing requirement, identifying the two intersections in the <br />ordinance, and posting signs near the intersections are designed to address due <br />process issues relating to giving a person fair notice of the fact that he or she is being <br />charged or could be charged. In all other respects, a red light camera violation would <br />be prosecuted in the same manner as all other municipal ordinance cases. <br /> <br />K-6-a <br />July 16, 2007 <br /> <br />