10.02.035 Use of photo radar.

(1)    Sheriffs of the Clark County sheriff’s office may use a device known as a photo radar unit. A photo radar unit detects, photographs and records information of every vehicle that passes a particular roadway location while exceeding a certain speed limit.

(2)    If any vehicle has been detected by photo radar as having violated such speeding restrictions as are adopted and incorporated by reference in Section 10.02.010, as now enacted or hereafter amended, the license plate number which appears on the photograph of the driver which is taken by the unit and, where applicable, the photograph of the driver of the vehicle will be used to trace the registered owner of the vehicle through the Washington State Department of Licensing. The registered owner will then be sent a notice of infraction by regular first class mail within ten (10) working days from the date of the offense.

(3)    If any vehicle has violated such speeding restrictions as are adopted and incorporated by reference in Section 10.02.010, as now enacted or hereafter amended, as detected by photo radar, a prima facie presumption exists that the last registered owner of record is responsible for the violation. This presumption may be rebutted if the finder of fact finds there is probative contrary evidence.

(4)    The registered owner of a vehicle who receives a citation pursuant to this section and raises a defense that he/she was not the driver of the vehicle, may:

(a)    Contest the infraction pursuant to the procedures of Section 10.02.005; or,

(b)    Submit an affidavit or declaration under penalty of perjury to the Clark County district court that he/she was not the person operating the vehicle at the time the infraction was committed. Upon receipt of such affidavit or declaration, the citation will be dismissed. (Sec. 6 of Ord. 1996-05-33; amended by Sec. 3 of Ord. 1998-10-06)