Chapter 10.42
AUTOMATED TRAFFIC SAFETY CAMERAS

Sections:

10.42.010    AUTOMATED TRAFFIC SAFETY CAMERAS AUTHORIZED.

10.42.020    NOTICE OF INFRACTION.

10.42.030    TRAFFIC INFRACTIONS DETECTED THROUGH THE USE OF AN AUTOMATED TRAFFIC SAFETY CAMERA.

10.42.040    MONETARY PENALTIES.

10.42.050    SIGNAGE.

10.42.060    ELECTRONIC SIGNATURES.

10.42.010 AUTOMATED TRAFFIC SAFETY CAMERAS AUTHORIZED.

The use of automated traffic safety cameras to detect violations of WAC 308-330-408 and 308-330-423, which the City has adopted by reference as sections of the Model Traffic Ordinance, is authorized at intersections where two (2) arterial roadways intersect and in school speed zones, subject to the restrictions specified in State law (RCW 46.63.170). (Ord. 5018 §2 (part), 2007)

10.42.020 NOTICE OF INFRACTION.

A police officer or other authorized representative of the City has the authority to issue a notice of traffic infraction when the infraction is detected through the use of an automated traffic safety camera under this chapter. (Ord. 5018 §2 (part), 2007)

10.42.030 TRAFFIC INFRACTIONS DETECTED THROUGH THE USE OF AN AUTOMATED TRAFFIC SAFETY CAMERA.

(a)    A notice of infraction based on evidence detected through the use of an automated traffic safety camera shall be mailed to the registered owner of the vehicle within fourteen (14) days of the violation, or to the renter of a vehicle within fourteen (14) days of establishing the renter’s name and address under subsection (c)(1) of this section. The police officer or other authorized representative of the City issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, 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 of WAC 308-330-408 or 308-330-423. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction.

(b)    A person receiving such a notice of infraction may respond to the notice by mail. The registered owner of a vehicle is responsible for such an infraction unless the registered owner overcomes the presumption in subsection (e) of this section, or, in the case of a rental car business, satisfies the conditions under subsection (c) of this section. If appropriate under the circumstances, a renter identified under subsection (c)(1) of this section is responsible for such an infraction.

(c)    If the registered owner of the vehicle is a rental car business, the peace officer shall, before such 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 thirty (30) days of receiving the written notice, provide to the peace officer by return mail:

(1)    A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or

(2)    A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or

(3)    In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.

Timely mailing of this statement to the peace officer relieves a rental car business of any liability under this chapter for the notice of infraction.

(d)    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 (1) 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 an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device.

(e)    In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera, proof that the particular vehicle described in the notice of traffic infraction was in violation of WAC 308-330-408 or 308-330-423, 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. 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 (RCW 46.63.075 and 46.63.170). (Ord. 5018 §2 (part), 2007)

10.42.040 MONETARY PENALTIES.

A traffic infraction for violations of WAC 308-330-408 or 308-330-423 detected through the use of an automated traffic safety camera shall be processed in the same manner as a parking infraction. The base monetary penalty for a violation of either WAC 308-330-408 or 308-330-423 shall be the same as the fine established for each pursuant to State or local law, including statutory assessments. However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for parking infractions within the City, including disabled parking infractions. (Ord. 5018 §2 (part), 2007)

10.42.050 SIGNAGE.

All locations where an automated traffic safety camera is used shall be clearly marked 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. 5018 §2 (part), 2007)

10.42.060 ELECTRONIC SIGNATURES.

In connection with the photo enforcement program as set forth in this chapter, the Chief of Police or his or her designee is authorized to utilize electronic signatures in accordance with the provisions of Chapter 19.34 RCW. (Ord. 5018 §2 (part), 2007)