City of Creve Coeur v. Nottebrok
2011 Mo. App. LEXIS 1395
Mo. Ct. App.2011Background
- Car Owner was cited for a red light violation under City Ordinance 315.140 after her vehicle was photographed by a red light camera entering a red signal intersection.
- The ticket stated the offense as a non-moving infraction with a $100 fine and no points; it identified the vehicle by owner’s name and license plate.
- Car Owner challenged the ticket via a Motion to Dismiss, arguing due process issues and a conflict with state point statutes, and later proceeded to trial de novo on stipulated facts.
- The municipal court found Car Owner guilty of the ordinance violation, imposing the $100 fine.
- On appeal, Car Owner contended the ordinance violated due process by requiring liability of the vehicle owner without proving the driver, and that it conflicted with point-assessment statutes; the City argued the ordinance is civil, valid, and enforceable under police power.
- The trial court and appellate court ultimately affirmed, holding the ordinance civil, within police power, and not in conflict with state law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the ordinance violate due process by imposing liability on the owner without driver proof? | Nottebrok argues owner liability without driver identity or probable cause violates due process. | City contends driver identity is irrelevant; ordinance is civil, valid under police power, and imposes owner liability. | No; ordinance is civil, valid, and imposes owner liability without driver proof. |
| Does the ordinance conflict with Missouri point-and-license statutes governing moving violations? | Nottebrok asserts points must be assessed for moving violations; ordinance creates non-moving status only. | City maintains ordinance covers non-moving infractions and points are not required; no conflict with §302.302. | No; ordinance intends non-moving status and does not conflict with state point statutes. |
Key Cases Cited
- City of Dexter v. McClain, 345 S.W.3d 883 (Mo. App. S.D. 2011) (civil-though-quasi-criminal standard for municipal violations)
- City of Bellefontaine Neighbors v. Scatizzi, 302 S.W.3d 730 (Mo. App. E.D. 2010) (review standards for municipal ordinance violations)
- City of Springfield v. Belt, 307 S.W.3d 649 (Mo. banc 2010) (authority of municipalities to regulate traffic under state law)
- Hertz v. City of Kansas City, 499 S.W.2d 449 (Mo. 1973) (owner liability for parking violations upheld under state law)
- Kennedy v. Mendoza-Martinez, 372 U.S. 140 (U.S. 1963) (due process and civil versus criminal penalties)