Chapter 10.42
AUTOMATED TRAFFIC SAFETY CAMERAS

Sections:

10.42.010    Authorized use of automated traffic safety cameras.

10.42.020    Notice of infraction.

10.42.030    Request for hearing.

10.42.040    Presumption of committed infraction/presumption overcome.

10.42.050    Infractions processed.

10.42.060    Issuing infractions.

10.42.070    Definition of automated traffic safety camera.

10.42.080    Penalties.

10.42.010 Authorized use of automated traffic safety cameras.

A. Law enforcement officers of the City of Issaquah and persons commissioned by the Issaquah Police Department are authorized to use automated traffic cameras and related automated systems to detect 1 or more of the following:

1. Stoplight violations; and

2. School speed zone violations.

B. The use of automated traffic safety cameras is subject to the following restrictions:

1. Use of traffic safety cameras is restricted to arterial intersections and school speed zones only; and

2. 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.

C. The City shall clearly mark all locations where automated traffic safety cameras are in use by placing signs in locations that clearly indicate to the driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. (Ord. 2526 § 1, 2008).

10.42.020 Notice of infraction.

A. 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 the vehicle within 14 days of establishing the renter’s name and address under this section.

B. 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:

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; 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 issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.

C. 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. 2526 § 1, 2008).

10.42.030 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. 2526 § 1, 2008).

10.42.040 Presumption of committed infraction/presumption overcome.

A. In a traffic infraction case involving an infraction detected through the use of a photo enforcement system under RCW 46.63.170 and 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 this chapter, 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.

B. 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. 2647 § 1, 2012; Ord. 2526 § 1, 2008).

10.42.050 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 chapter shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216 and 46.20.270(3). (Ord. 2526 § 1, 2008).

10.42.060 Issuing infractions.

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. 2526 § 1, 2008).

10.42.070 Definition of automated traffic safety camera.

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 in a school zone as detected by a speed measuring device. (Ord. 2526 § 1, 2008).

10.42.080 Penalties.

A. The penalty for a red light violation shall be $124.00.

B. The penalty for a school zone speed violation shall be $124.00.

C. Fees and penalties for failure to respond shall follow the standard court schedule for infractions. (Ord. 2526 § 1, 2008).