Subtitle III. Traffic and Motor Vehicles

Chapter 9.36
TRAFFIC CODE*

Sections:

9.36.010    Adopting ordinance.

9.36.015    Driving regulations.

9.36.020    Inattentive driving.

9.36.030    Avoidance of intersection, penalty.

9.36.040    Breaking traction – Quick starts.

9.36.045    Motor vehicle public disturbance.

9.36.050    One-way streets and alleys – Penalty.

9.36.060    Compression brakes restrictions.

9.36.070    Vehicle weight restrictions.

9.36.075    Duty in the case of accident with pedestrian or vehicle propelled by human power.

9.36.080    Warrant checks.

9.36.090    –

9.36.110    Reserved.

9.36.120    Emergency response caused by person’s intoxication – Recovery of costs from convicted person.

9.36.130    Traffic safety school.

9.36.140    School speed zone traffic safety cameras.

9.36.150    Stoplight traffic safety cameras.

*Cross reference(s) – Police department, ch. 2.22; speed limits and vehicle regulations in parks and recreation areas, § 4.01.080; traffic regulations in parks and recreation areas, § 4.01.210; license required for taxicabs and other vehicles for hire, ch. 5.03; visibility requirements at intersections in residential districts, § 15.08.130; visibility at access points for automobiles, § 15.08.140.

State law reference(s) – Model traffic ordinance, RCW 46.90.005 et seq.

9.36.010 Adopting ordinance.

Pursuant to RCW 46.90.010, the Washington Model Traffic Ordinance (MTO) as set forth in Chapter 308-330 WAC, attached as Exhibit A to Ordinance No. 4196, is hereby adopted by reference as currently enacted and as hereinafter amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. The MTO, in conjunction with the other provisions of this chapter, shall constitute the traffic ordinance of the city of Kent. As provided for in the MTO, the addition of any new section to, or amendment or repeal of any section in, the MTO shall be deemed to amend the traffic ordinance of the city of Kent, and it shall not be necessary for the Kent city council to take any action with respect to such addition, amendment, or repeal.

A copy of the MTO adopted by reference for application and enforcement within the city limits of Kent is available online for public viewing through the Washington State Legislature’s website at: http://app.leg.wa.gov/wac/. Physical copies of these statutes are also maintained by the city clerk and available for public inspection during the regular business hours of the city clerk’s office.

(Ord. No. 3017, § 3, 12-3-91; Ord. No. 3073, § 1, 10-20-92; Ord. No. 3170, § 1, 5-24-94; Ord. No. 3408, § 2, 7-7-98; Ord. No. 4196, § 1, 4-19-16)

9.36.015 Driving regulations.

All RCW sections that constitute traffic infractions or traffic offenses, and the RCW sections necessary for the investigation, citation, prosecution, enforcement, and adjudication of those traffic infractions or traffic offenses, or necessary to define or interpret terms used therein, that are enacted, amended, repealed, or recodified by the state Legislature, after the Department of Licensing’s last update of the MTO and prior to the Department of Licensing’s next update of the MTO, are hereby adopted by reference as they are enacted or as they are amended, repealed, or recodified from time to time, and shall be given the same force and effect as if set forth herein in full.

(Ord. No. 3408, § 3, 7-7-98; Ord. No. 3954, § 4, 5-18-10; Ord. No. 4196, § 2, 4-19-16)

9.36.020 Inattentive driving.

A. It is unlawful for any person to operate a motor vehicle in an inattentive manner upon any highway within the city or way open to the public within the city that is maintained primarily for public use and is adjacent to any highway.

B. For the purpose of this section, inattentive means the operation of a vehicle in a lax or slack manner.

C. For the purposes of this section, the term highway is defined as set forth in RCW 46.04.197 and the term way open to the public is defined as set forth in WAC 200-200-015(8).

D. The offense of operating a vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of, negligent driving in the second degree.

E. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150), plus all mandatory state costs, fees, and assessments.

(Ord. No. 2716; Ord. No. 3017, § 4, 12-3-91; Ord. No. 3288, § 1, 4-3-96; Ord. No. 3408, § 4, 7-7-98; Ord. No. 4073, § 1, 2-19-13. Formerly Code 1986, § 10.02.032)

9.36.030 Avoidance of intersection, penalty.

A. It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority.

B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred dollars ($100).

(Ord. No. 2769, § 1; Ord. No. 3017, § 5, 12-3-91; Ord. No. 3408, § 5, 7-7-98. Formerly Code 1986, § 10.02.034)

9.36.040 Breaking traction – Quick starts.

A. No person shall drive any vehicle or motorcycle so as to cause, by excessive or unnecessary acceleration, the tires of any such vehicle or cycle to spin and emit loud noises or to unnecessarily throw stones or gravel.

B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150).

(Ord. No. 3350, § 7, 5-21-97; Ord. No. 3408, § 6, 7-7-98)

Editor’s note – Ord. No. 3138, § 4, adopted Oct. 19, 1993, repealed former § 9.36.040, which pertained to street closures.

9.36.045 Motor vehicle public disturbance.

A. It is unlawful for any person in control of or operating a motor vehicle to permit sound from the motor vehicle sound system, such as but not limited to a radio, tape player, or compact disc player, whether or not affixed to the vehicle, to be operated at a volume so as to be audible at a distance greater than fifty (50) feet from the vehicle itself.

B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150).

(Ord. No. 3408, § 7, 7-7-98)

9.36.050 One-way streets and alleys – Penalty.

A. Upon those streets and parts of streets, and in those alleys described in the schedule on file in the city clerk’s office, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

B. Any violation of this section shall be an infraction and punishable by a monetary penalty of not more than twenty dollars ($20).

(Ord. No. 1972, §§ 4, 5; Ord. No. 2085, § 2; Ord. No. 2313, § 1; Ord. No. 2427, § 4; Ord. No. 2731, § 4; Ord. No. 2940, § 1; Ord. No. 3062, § 2(10.06.160), 8-18-92; Ord. No. 3170, § 1, 5-24-94. Formerly Code 1986, §§ 10.06.160, 10.06.170)

State law reference(s) – Yield signs, RCW 46.61.425, 46.61.435; stop signs, RCW 46.61.435.

Editor’s note – Ord. No. 3170, § 1, adopted May 24, 1994, renumbered former § 9.36.100 as 9.36.050.

9.36.060 Compression brakes restrictions.

A. Compression brakes prohibited. No person shall use motor vehicle brakes within the city limits that are in any way activated or operated by the compression of the engine of that motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that the compression brakes where applied in an emergency and were necessary for the protection of persons and/or property.

B. Violation; penalty. Any person violating these compression brake provisions shall have committed a traffic infraction and a penalty of one hundred dollars ($100) shall be imposed.

C. Signposting. The director of public works is authorized and directed to post appropriate signs consistent with these provisions.

(Ord. No. 3317, § 1, 10-1-96)

9.36.070 Vehicle weight restrictions.

A. Operational maximum gross vehicle weight restriction on Kent 5 Bridge at Rock Creek. In accordance with RCW 46.61.450, it is unlawful for any person to operate a vehicle or combination of vehicles over the Kent 5 Bridge at Rock Creek located on Kent-Kangley Road with an operational maximum gross vehicle weight over forty-four (44) tons or eighty-eight thousand (88,000) pounds. For purposes of this section, operational maximum gross vehicle weight means the maximum gross vehicle weight of all load-bearing axles on the bridge at any one (1) time. School buses, public transit buses, emergency vehicles, public utility or municipal and county vehicles, and solid waste disposal vehicles are exempt from this section.

B. Violations. A violation of this section is a traffic infraction under RCW 46.44.105(4), and punishable by the allowable monetary penalty, as may be amended from time to time. In addition to any penalty for violation of the provisions of this section, such violator may be liable in a civil action instituted in the name of the city for any damages to the bridge sustained as a result of such violation.

(Ord. No. 3816, § 1, 9-19-06)

9.36.075 Duty in the case of accident with pedestrian or vehicle propelled by human power.

The operator of any motor vehicle involved in an accident with a pedestrian, or with a device propelled by human power operated by any person, or upon which a person is seated, shall do the following:

1. Immediately stop such vehicle at the scene of such accident, or as close thereto as possible, and return to and remain at the scene of such accident until he or she has given his or her name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his or her operator’s license to the pedestrian or person operating the device propelled by human power, or, if they are unconscious or incompetent, provide the same information to another person who he or she reasonably believes is acting on their behalf; or, if the pedestrian or person operating the device propelled by human power is unconscious or incompetent, and there is no one to act on their behalf, shall immediately, or as soon as possible, call 9-1-1 to summon emergency services to the scene.

2. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this section be evidence of liability of any motor vehicle operator of such accident.

For the purposes of this section, “pedestrian” means any person who is afoot or who is using a wheelchair, a power wheelchair, an electric personal assistive mobility device, or a means of conveyance propelled by human power. “Motor vehicle” shall be as defined in RCW 46.04.320.

Violation of this section is a gross misdemeanor the maximum penalty of which is three hundred sixty-four (364) days in jail and a five-thousand-dollar ($5,000) fine.

(Ord. No. 4033, § 1, 4-17-12)

9.36.080 Warrant checks.

Law enforcement officers are authorized to search for outstanding warrants upon making a stop, or upon making contact with a person, for a traffic infraction or non-traffic infraction. This provision shall be in addition to, and subject to, all current and future federal or state legislative enactments affecting the same.

(Ord. No. 3364, § 2, 9-16-97)

9.36.090 – 9.36.110 Reserved.

    Editor’s note – Ord. No. 3170, § 1, adopted May 24, 1994, repealed former §§ 9.36.050, 9.36.060, 9.36.070, 9.36.080, 9.36.090, 9.36.110, which contained provisions relating to the traffic code.

9.36.120 Emergency response caused by person’s intoxication – Recovery of costs from convicted person.

A person whose intoxication causes an incident resulting in an appropriate emergency response and who, in connection with the incident, has been found guilty of or has had his or her prosecution deferred for driving while under the influence of intoxicating liquor or any drug pursuant to RCW 46.61.502 or use of a vessel while under the influence of alcohol or drugs pursuant to RCW 79A.60.040 is liable for the expense of the emergency response to the incident by a public agency. In no event shall a person’s liability under this section for the expense of an emergency response exceed two thousand five hundred dollars ($2,500) for a particular incident.

The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. Following a conviction of an offense listed in this section, and prior to sentencing, the prosecution may present to the court information setting forth the expenses incurred by the public agency for its emergency response to the incident. Upon a finding by the court that the expenses are reasonable, the court shall order the defendant to reimburse the public agency. The cost reimbursement shall be included in the sentencing order as an additional monetary obligation of the defendant and may not be substituted for any other fine or cost required or allowed by statute. The court may establish a payment schedule for the payment of the cost reimbursement, separate from any payment schedule imposed for other fines and costs.

For the purposes of this section, the phrase expense of an emergency response means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.

(Ord. No. 4047, § 1, 9-18-12)

9.36.130 Traffic safety school.

A. Authorized. The traffic safety school is hereby authorized. The traffic safety school shall be administered and operated by the police department.

B. Purpose. The purpose of the traffic safety school is to create a foundation for safe driving habits by educating participants in the proper, lawful, and safe operation of motor vehicles upon the roadway, the rules of the road, the challenges of driving safely among bicyclists and pedestrians, and the consequences of unsafe driving practices.

C. Attendance. Attendance at the traffic school may be a condition of diversion of a traffic infraction or criminal traffic citation prior to the filing of the infraction or criminal traffic citation. Attendance at the traffic school may also be ordered by the Kent municipal court or agreed to by the prosecutor as a condition of a sentence, suspended sentence, deferral of sentence, or continuance in a criminal case or as condition of a deferred finding in a traffic infraction case.

D. Fee. The police department shall charge a fee to attend the traffic safety school. The amount of the fee shall be established or amended by the city council by resolution. Fees collected to attend the traffic safety school may be used to:

1. Reimburse the city for the costs of administering the traffic safety school;

2. Provide for safe driver education materials, programs, promotions, and advertising;

3. Pay the costs associated with the training of law enforcement officers and personnel or purchase law enforcement equipment; or

4. Pay the costs related to the investigation and enforcement of traffic related offenses and criminal laws.

E. Policies and procedures. The city shall establish policies and procedures that determine who shall be eligible for the traffic safety school; the dates, times, and location in which the traffic safety school shall be offered; the curriculum of the traffic safety school; and the effect of successful completion of the traffic safety school.

(Ord. No. 4079, § 1, 5-21-13)

9.36.140 School speed zone traffic safety cameras.

A. Authorized use of automated traffic safety cameras. Pursuant to the authority of RCW 46.63.170, the city is authorized to use automated traffic safety cameras and related automated systems in order to detect, record, and enforce and prosecute school speed zone violations.

B. Limitation on photos – Use of photos.

1. Limitation on photos. Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.

2. Use of photos. 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 and are not open 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.

C. Infraction processing – Responsibilities – Presumption.

1. In general. 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 shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3).

2. Notice of infraction. A notice of infraction must 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 subsection (C)(4) of this section. The law enforcement officer 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 under this section. Any citation or notice of infraction issued pursuant to this section may be initiated by electronic signature of the issuing police officer. 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. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.

3. Registered owner responsible – Rental car business. The registered owner of a vehicle is responsible for an infraction issued pursuant to this section unless the registered owner overcomes the presumption in subsection (C)(5) of this section, or, in the case of a rental car business, satisfies the conditions under subsection (C)(4) of this section. If appropriate under the circumstances, a renter identified under subsection (C)(4) of this section is responsible for an infraction.

4. Rental cars. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued under this section, 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 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

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

Timely mailing of the statements described in subsections (C)(4)(a) and (b) of this section to the issuing law enforcement agency relieves a rental car business of any liability under this section for the notice of infraction.

5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the particular vehicle described in the notice of traffic infraction was in violation of a law enforced through the use of the automated traffic safety camera, 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.

D. Infraction – Penalty. It shall be an infraction to exceed the posted speed limit in a school speed zone enforced through the use of an automated traffic safety camera. The penalty for an infraction committed in a school speed zone which is detected through the use of an automated traffic safety camera shall be $136; provided, the penalty shall be $248 for a violation in which the vehicle was operated at a speed of 30 miles per hour or more. In addition to the fines provided herein, a violator may be assessed any costs and assessments as required or permitted by state law or court rule.

E. Signs – Payment to vendor – Alternative enforcement.

1. School zones must be signed. All locations where an automated traffic safety camera is used must be clearly marked at least 30 days prior to activation of the camera 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.

2. Payment made to vendor. The compensation paid by the city to the manufacturer or vendor of the automated traffic safety camera equipment 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.

3. Alternative enforcement. Nothing in this section 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 pursuant to RCW 46.63.030(1)(a), (b), or (c).

F. Use of funds. Funds derived from the use of automated traffic safety cameras shall be used to pay the costs of administering the automated traffic safety camera program, including but not limited to personnel costs, vendor costs, and equipment costs. Funds in excess of these costs may be used to fund personnel, programs, services, and equipment related to the enforcement and processing of traffic and criminal laws within the city.

G. Definition. For the purposes of this section, automated traffic safety camera means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing 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 an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device.

(Ord. No. 4080, § 1, 5-21-13; Ord. No. 4298, § 1, 12-11-18)

9.36.150 Stoplight traffic safety cameras.

A. Authorized use of automated traffic safety cameras. Pursuant to the authority of RCW 46.63.170, the city is authorized to use automated traffic safety cameras and related automated systems in order to detect, record, and enforce and prosecute stoplight violations.

B. Limitation on photos – Use of photos.

1. Limitation on photos. Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.

2. Use of photos. 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 and are not open 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.

C. Infraction processing – Responsibilities – Presumption.

1. In general. 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 shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3).

2. Notice of infraction. A notice of infraction must 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 subsection (C)(4) of this section. The law enforcement officer 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 under this section. Any citation or notice of infraction issued pursuant to this section may be initiated by electronic signature of the issuing police officer. 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. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.

3. Registered owner responsible – Rental car business. The registered owner of a vehicle is responsible for an infraction issued pursuant to this section unless the registered owner overcomes the presumption in subsection (C)(5) of this section, or, in the case of a rental car business, satisfies the conditions under subsection (C)(4) of this section. If appropriate under the circumstances, a renter identified under subsection (C)(4) of this section is responsible for an infraction.

4. Rental cars. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued under this section, 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 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

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

Timely mailing of the statements described in subsections (C)(4)(a) and (C)(4)(b) of this section to the issuing law enforcement agency relieves a rental car business of any liability under this section for the notice of infraction.

5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the particular vehicle described in the notice of traffic infraction was in violation of a law enforced through the use of the automated traffic safety camera, 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.

D. Infraction – Penalty. A driver facing a steady red traffic control signal shall stop and shall remain stopped until an indication to proceed is shown. It shall be an infraction to proceed through a stoplight at the intersections of two arterials enforced through the use of an automated traffic safety camera. The penalty for a stoplight infraction detected through the use of an automated traffic safety camera shall be $136. In addition to the fine provided herein, a violator may be assessed any costs and assessments as required or permitted by state law or court rule.

E. Signs – Payment to vendor – Alternative enforcement.

1. Stoplight locations must be signed. All locations where an automated traffic safety camera is used must be clearly marked at least 30 days prior to activation of the camera 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.

2. Payment made to vendor. The compensation paid by the city to the manufacturer or vendor of the automated traffic safety camera equipment 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.

3. Alternative enforcement. Nothing in this section 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 pursuant to RCW 46.63.030(1)(a), (b), or (c).

F. Use of funds. Funds derived from the use of automated traffic safety cameras shall be used to pay the costs of administering the automated traffic safety camera program, including, but not limited to personnel costs, vendor costs, and equipment costs. Funds in excess of these costs may be used to fund personnel, programs, services and equipment related to the enforcement and processing of traffic and criminal laws within the city.

G. Definition. For the purposes of this section, automated traffic safety camera means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing 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 an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device.

(Ord. No. 4297, § 1, 12-11-18)