Chapter 12.14
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
12.14.010 Authorized use of automated traffic safety cameras.
12.14.020 Definition of automated traffic safety camera.
12.14.030 Notice of infraction.
12.14.040 Request for hearing.
12.14.050 Presumption of committed infraction/presumption overcome.
12.14.060 Infractions processed.
12.14.070 Issuing infractions.
12.14.080 Penalties.
12.14.090 Compensation for services.
12.14.100 Annual reporting.
12.14.010 Authorized use of automated traffic safety cameras.
(a) Law enforcement officers of the city of Kirkland and persons commissioned by the Kirkland police department are authorized to use automated traffic safety cameras and related automated systems to detect 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 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.
(3) Use of traffic safety cameras is restricted to the school year, as may be extended, excluding summer recess and weekends, and camera use on each school day will last for one full hour beginning thirty minutes prior to the start of each school day and for a second full hour beginning thirty minutes prior to the end of each school day.
(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.
(d) Notwithstanding any other provision of law, all photographs, microphotographs and electronic images prepared under this chapter and as provided in RCW 46.63.170(1)(f) 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 chapter. No photograph, microphotograph or electronic image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter. (Ord. 4681 § 1 (part), 2019)
12.14.020 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 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 exceeds a speed limit in a school zone as detected by a speed measuring device. (Ord. 4681 § 1 (part), 2019)
12.14.030 Notice of infraction.
(a) Whenever any vehicle is photographed by an automated traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of the vehicle within fourteen 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 police department 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 eighteen days of receiving the written notice, provide to the police department 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 either statement to the police department 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. 4681 § 1 (part), 2019)
12.14.040 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 in accordance with Kirkland municipal court policy. The person receiving the infraction may also request a hearing. (Ord. 4681 § 1 (part), 2019)
12.14.050 Presumption of committed infraction/presumption overcome.
(a) In a traffic infraction case involving an infraction 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 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. 4681 § 1 (part), 2019)
12.14.060 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. 4681 § 1 (part), 2019)
12.14.070 Issuing infractions.
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 under RCW 46.63.030(1)(a), (b), or (c). (Ord. 4681 § 1 (part), 2019)
12.14.080 Penalties.
(a) After establishing initial penalties by resolution, unless otherwise designated, subsequent penalties shall be set by resolution of the city council. The maximum penalty for infractions detected pursuant to the provisions of this chapter shall not exceed the maximum amount of fine issued for other parking infractions within the city.
(b) Revenue from fines assessed under authority of this chapter shall be used solely for traffic safety purposes or as otherwise provided by state law. For purposes of this section, the term “traffic safety purposes” may include, but is not limited to, the following:
(1) Personnel costs for employees or contractors who are involved in automated speed enforcement planning and implementation, including professional services such as traffic engineering services;
(2) Personnel costs for employees or contractors who are involved in automated speed enforcement, court hearings, fine collection or other processing, including expert witness fees;
(3) Costs associated with speed studies and training of employees or contractors involved with the automated speed enforcement program;
(4) Purchase and/or maintenance of equipment, including signage, related to the automated speed enforcement program;
(5) Costs associated with traffic safety personnel and projects in the Transportation Capital Improvement Plan, Neighborhood Safety Program, and Safer Routes to School Action Plans that improve school safety and pedestrian and bicycle safety, including but not limited to sidewalks, crosswalk improvements, lighting, rapid flashing beacons, bicycle facilities, trails and signage;
(6) Revenue from fines assessed under authority of this chapter shall not be diverted to nontraffic safety purposes. (Ord. 4681 § 1 (part), 2019)
12.14.090 Compensation for services.
The compensation paid to the manufacturer or vendor of the automated speed enforcement camera equipment used shall be based only upon the value of the equipment and services provided or rendered in support of the system and shall not be based upon a portion of the penalty imposed or the revenue generated by the equipment. (Ord. 4681 § 1 (part), 2019)
12.14.100 Annual reporting.
The city shall post an annual report that includes the effectiveness of traffic safety cameras on slowing speeds and improving school safety and on the number of traffic accidents occurring at a location where automated traffic safety cameras are located, as well as the number of infractions issued by each camera. (Ord. 4681 § 1 (part), 2019)