Sec. 70-961. - Automated camera enforcement of traffic control regulations.
(a) Definitions. For the purpose of this section, the following words and phrases shall have the meaning given herein:
(1) Artificial intelligence system. A technological system that, autonomously or partly autonomously, processes data related to human activities through use of a genetic algorithm, a neural network, machine learning or another technique to generate content or make decisions, recommendations, or predictions. It does not include passive computing infrastructure intermediary technology that does not influence or determine the outcome of decision, make or aid in decisions, inform policy implementation, or collect data or observations, such as web hosting, domain registration, networking, caching, data storage, or cybersecurity.
(2) Authorized employees. Employees of the city public works department ("public works) or any other city department who are authorized by the city manager to access the images, video, and data collected by the city's automated camera enforcement system. Employees of the city prosecutor's office shall be deemed authorized employees.
(3) Automated camera enforcement system. A system that:
a. Consists of cameras installed or deployed to work in conjunction with electrically operated traffic control signals or other methods of activation or detection;
b. Is capable of recording the date and time of the alleged violation;
c. Is capable of recording the time elapsed under the red light;
d. Is capable of recording the speed of the vehicle involved in the alleged violation;
e. Is capable of recording and producing video footage of the incident which is an alleged violation of an ordinance of the City of Kansas City; and
f. Is capable of taking and producing not less than four high-resolution color digital recorded images that show the incident which is an alleged violation of an ordinance of the City of Kansas City, including, at a minimum:
1. An image before the alleged violation occurred, that shows the front or back of the vehicle involved in the alleged violation;
2. An image after the incident occurred, that shows the front or back of the vehicle involved in the alleged violation;
3. The license plate of the vehicle involved in the alleged violation; and
4. The face of the operator of the vehicle involved in the alleged violation.
(4) Operator. The individual driving and/or in possession of a vehicle.
(5) Recorded images. Photographs, digital images, microphotographs, micrographs, videotape, digital video, or other recorded images.
(6) Surveillance program. Any program, electronic or otherwise, that has its primary purpose the monitoring of the behavior or activities of a person or people or gathering information on a person or people.
(7) Traffic violation. Any violation of the traffic ordinances of Kansas City, including any violations listed in chapter 70, traffic and vehicles.
(b) Automated camera enforcement system authorized.
(1) System authorized. An automated camera enforcement system is hereby authorized to be installed and operated within the city for the purpose of detecting traffic violations at intersections or other system locations.
(2) Locations. City council shall review and approve the initial location of all system cameras prior to their installation. Thereafter, specific system locations shall be determined from time to time by the director of public works in conjunction with, but not limited to, the following information:
a. Data on vehicular crash locations in the city, including side impact and turning crashes, crashes involving pedestrians and bicyclists, and crashes resulting in injuries or fatalities;
b. Data on traffic control ordinance violations, including violations pertaining to the running of red lights, vehicular crashes, and speeding;
c. Traffic volume on streets or highways associated with potential locations;
d. Equity and environmental factors associated with potential locations; and
e. Community feedback regarding intersections of concern in the city.
(c) Authorized use of automated camera enforcement system. The automated camera enforcement system may be used to issue violation notices for alleged violations of city ordinances and state laws. Only authorized employees may access the system provided by the automated camera enforcement system vendor that collects, stores, and provides recorded images and other data for the city's automated camera enforcement program.
(d) Designation of authorized employees. No later than 60 days prior to the first date the automated camera enforcement system becomes operational, the director of public works shall inform the city manager of the employees who will be designated as authorized employees. The director of public works shall inform the city manager of any additional employees designated as authorized employees no later than one week prior to such individuals gaining access to the system provided by the automated camera system vendor that collects, stores, and provides recorded images and other data for the city's automated camera enforcement program. The city manager must approve the designated employees.
(e) Probable cause. Authorized employees shall examine the images and other data collected pursuant to this section to determine whether probable cause exists for a violation of city ordinances or state laws. For any alleged traffic violations, probable cause shall not exist unless the identity of the operator of the vehicle at the time of the alleged violation is determined. An authorized employee may use any lawful means to identify an individual allegedly violating any city ordinance or state law, but in no instance shall artificial intelligence systems, as defined in section 70-961(a), be used to identify the individual. Probable cause for alleged traffic violations detected through the automated camera enforcement system created under this section may be deemed to exist if it is in compliance with Supreme Court Rule 37 and if the recorded images and other data show the following:
(1) An alleged violation of the ordinances of the City of Kansas City or state laws;
(2) The date and time of the alleged violation;
(3) The vehicle involved in the alleged violation;
(4) The letters or numbers on the vehicle's license plate or temporary tag, as well as the state in which the license plate or temporary tag was issued;
(5) The face of the operator of the vehicle;
(6) The traffic control signal while it is emitting a steady red signal, as applicable; and
(7) The speed of the vehicle, as applicable.
(f) Prosecution.
(1) The prosecution for an alleged violation of city ordinance or state law utilizing information from the automated camera enforcement system shall be conducted by the city prosecutor in accordance with Supreme Court Rule 37. Such a process shall include:
a. The review of information collected by the automated camera enforcement system by authorized employees, consistent with subsection (2) of this section;
b. A determination, consistent with subsection (2) of this section, by the city manager that an individual has committed a traffic violation;
c. A decision, consistent with subsection (2) of this section, by the city manager to issue a notice of traffic violation.
1. If the city manager issues such a notice, he shall notify the city prosecutor of his decision, direct the city prosecutor to proceed with the enforcement of the traffic violation in municipal court, and provide the city prosecutor with all information that was necessary for the director to conclude that such enforcement action was warranted.
(2) Those issued violation notices shall have all procedural rights guaranteed by Supreme Court Rule 37, including the right to contest the determination of a violation, to appear in court, to enter a plea of not guilty, and to request a continuance.
(3) In no case shall the prosecution for an alleged violation of city ordinance or state law utilizing information from the automated camera enforcement system:
a. Fail to comply with Missouri Supreme Court Rules, including Rule 37 or its successor;
b. Be initiated without any of the following information:
1. The date and time of the alleged red light violation;
2. The time elapsed under the red light, as applicable;
3. The speed of the vehicle involved in the red light violation, as applicable;
4. How to access any video footage of the alleged traffic violation; and
5. Any images that show the alleged traffic violation including, at a minimum:
i. An image before the violation occurred, that shows the front or back of the vehicle involved in the alleged violation;
ii. An image after the incident occurred, that shows the front or back of the vehicle involved in the alleged violation;
iii. The license plate of the vehicle involved in the alleged violation; and
iv. The face of the operator of the vehicle involved in the traffic violation.
(g) Prohibited use of automated camera enforcement system. In no instance shall the automated camera enforcement system be used for or in support of any of the following:
(1) Prosecuting, issuing violation notices, or other enforcement activities for:
a. A red-light violation for a legal right turn made after the operator of a vehicle brings the vehicle to a complete stop at a red light such that the wheels of the vehicle stop moving;
b. Activity protected under the first amendment;
c. The sleeping, camping, eating, sitting, or asking for money or resources in public spaces by unhoused persons; or
d. Activities part of or otherwise in support of any surveillance program or artificial intelligence system, as defined by section 70-961(a).
(2) In no instance shall anyone provide access to, share, or otherwise make available or accessible the recorded images and other data collected through the city's automated camera enforcement system to or for:
a. Any artificial intelligence system, as defined by section 70-961(a), including, but not limited to facial recognition systems;
b. Any electronic surveillance program of citizens, as defined in section 70-961(a);
c. Any individuals, parties, or entities who are not authorized employees, other than individuals, parties, or entities involved in the prosecution of, defense against, or adjudication of an alleged violation detected through the automated camera enforcement system; or
d. Any purpose other than for the implementation and administration of the city's automated camera enforcement system.
(h) Public awareness.
(1) The director of public works, in partnership with any departments as may be necessary, shall develop strategies to raise public awareness of the implementation of the automated camera enforcement system in the city. Such awareness strategies shall be implemented by the director of public works, in partnership with the KCPD and any other city departments as may be necessary, no less than 60 days prior to the first date the automated camera enforcement system becomes operational.
(2) Any automated camera enforcement system located on a street or highway must be identified by appropriate warning signs conspicuously posted either at the major roadways entering the city, or not more than 300 feet from the location of the automated camera enforcement system location. The placement of all advance warning signs must be approved by the director of public works, working in partnership with any departments as may be necessary.
(i) Program assessment.
(1) One year following the first date the automated camera enforcement system become operational in the city, and every year thereafter, the director of public works shall compile information assessing the outcomes of the automated camera enforcement system program created by this section, including the following:
a. The number of crashes at each intersection where an automated camera enforcement system has been installed or deployed;
b. The number of crashes at intersections where an automated camera enforcement system has not been installed or deployed;
c. The number of violations issued utilizing the automated camera enforcement system;
d. The number of violations issued utilizing the automated camera enforcement system at each intersection where an automated camera enforcement system has been installed or deployed;
e. The number of violations issued utilizing the automated camera enforcement system, by zip code where the violation allegedly occurred;
f. Anonymized demographic data, to the extent it is available, of individuals who have received violations through the automated camera enforcement system, including their race and residential zip code; and
g. Information regarding the cameras in use, including:
1. The number of cameras;
2. The location of cameras;
3. The time intervals for which the recorded images and other data collected by the automated camera enforcement system are stored and destroyed; and
4. As authorized under RSMo Ch. 610, or its successor, the authorized employees who have access to the system provided by the automated camera enforcement system vendor that collects, stores, and provides recorded images and other data for the city's automated camera enforcement program.
(2) The director of public works shall provide a copy of the compiled information to the city council.
(3) As part of this annual assessment, the director of public works shall determine whether to install or deploy automated camera enforcement systems at additional intersections, or to remove existing installed or deployed automated camera enforcement systems from intersections.
(j) Revenue. All fines issued by the courts pursuant to traffic violations prosecuted utilizing the automated camera enforcement system shall be paid to and through the courts, with monies distributed by the court according to law. Fines shall not be collected or paid directly to the vendor. Any revenue received by the city as a result of the automated camera enforcement system shall be used exclusively for the following purposes:
(1) City and administrative court costs associated with the automated camera enforcement system created under this section; and
(2) The remainder shall be deposited into a fund to be used solely for the improvement of traffic safety throughout the city, including the city's vision zero plan.
(Ord. No. 060793, § 10, 8-10-06; Ord. No. 080402, § 3, 5-1-08; Ord. No. 120932, § 1, 11-8-12; Ord. No. 240409, § 1, 9-12-24)
