Chapter 11.04
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
11.04.060 Notice of infraction.
11.04.080 Request for hearing.
11.04.100 Presumption of committed infraction – Presumption overcome.
11.04.120 Infractions processed.
11.04.140 Penalty for violation of infraction noted by automated traffic safety cameras.
11.04.145 Authorization for use of electronic signatures.
11.04.160 Nonexclusive enforcement.
11.04.180 Repealed.
11.04.020 Authority.
(1) Law enforcement officers of the city and persons commissioned by the chief of police for the city are authorized to use automated traffic cameras and related automated systems to detect one or more of the following: (a) stoplight violations, and (b) school speed zone violations.
(2) The use of automated traffic safety cameras is subject to the following restrictions:
(a) Use of traffic safety cameras is restricted to school speed zones only;
(b) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. Pictures taken by automated traffic safety cameras may not reveal the face of the driver or of the passengers in the vehicle.
(3) Pursuant to RCW 46.63.170(1)(f), notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section, are not available to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.
(4) The city shall clearly mark all locations where automated traffic safety cameras are in use by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. (Ord. 3201 § 1, 2012; Ord. 3130 § 1, 2010).
11.04.040 Definition.
For the purposes of this chapter, “automated traffic safety camera” means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit to a school speed zone as detected by a speed measuring device. (Ord. 3130 § 1, 2010).
11.04.060 Notice of infraction.
(1) Whenever any vehicle is photographed by an automatic traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter’s name and address under this section.
(2) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred; or
(c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.
(3) The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotos, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. (Ord. 3130 § 1, 2010).
11.04.080 Request for hearing.
A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. The person receiving the infraction may also request a hearing. (Ord. 3130 § 1, 2010).
11.04.100 Presumption of committed infraction – Presumption overcome.
(1) In a traffic infraction case involving an infraction detected through the use of a photo enforcement system under RCW 46.63.170 or detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.170, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner. (Ord. 3130 § 1, 2010).
11.04.120 Infractions processed.
Infractions detected through the use of automated traffic safety cameras are not part of the registered owner’s driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions including RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216 and 46.20.270(3). (Ord. 3130 § 1, 2010).
11.04.140 Penalty for violation of infraction noted by automated traffic safety cameras.
(1) The fine for infractions detected under authority of, and committed pursuant to, the provisions of this chapter shall be as follows:
(a) The penalty for a red light violation shall be $124.00.
(b) The penalty for a school zone speed violation shall be as set forth in the following schedule:
|
MPH Over Posted Speed |
Penalty Amount |
|
1 – 10 |
$124.00 |
|
11 – 15 |
$144.00 |
|
16 – 20 |
$184.00 |
|
21 – 25 |
$244.00 |
|
26 or more |
$250.00 |
(c) Fees and penalties for failure to respond shall follow the standard court schedule for infractions.
(2) Revenue from fines assessed under authority of this chapter shall be used solely as outlined in the public safety fund, set forth in Chapter 3.60 LMC. (Ord. 3130 § 1, 2010).
11.04.145 Authorization for use of electronic signatures.
In connection with the traffic safety camera program, the police chief, or his or her designee, is authorized to utilize electronic signatures in accordance with the provisions of Chapter 19.34 RCW. (Ord. 3130 § 1, 2010).
11.04.150 Contracting for automated traffic safety camera equipment and operation and issuance and processing of infractions.
(1) The authority of this chapter extends to contracting with a private company for the acquisition, installation, calibration and maintenance of the systems and for the processing of infractions.
(2) In implementing the use of an automated traffic safety camera enforcement program, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. (Ord. 3130 § 1, 2010).
11.04.160 Nonexclusive enforcement.
Nothing in this chapter prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b), or (c). (Ord. 3130 § 1, 2010).
11.04.180 Termination of authorization for use of automated traffic safety cameras.
Repealed by Ord. 3201. (Ord. 3148 § 1, 2010; Ord. 3130 § 1, 2010).