Chapter 10.04MODEL TRAFFIC ORDINANCE

Sections:

10.04.010
Adoption of Model Traffic Ordinance.
10.04.020
Copy on File.
10.04.030
Additional Code Sections Adopted by Reference.
10.04.040
Authorized Use of Automated Traffic Safety Cameras.
10.04.050
Penalty for Violation of Infraction noted by Automated Traffic Safety Cameras.
10.04.010Adoption of Model Traffic Ordinance.

The “Washington Model Traffic Ordinance”, as set forth in Chapter 308-330 of the Washington Administrative Code (WAC), is hereby adopted by reference as the traffic ordinances of the City of Lakewood, as set forth in full. (Ord. 26 § 1, 1995.)

10.04.020Copy on File.

A copy of the provisions of Chapter 308-330, WAC, containing the Washington Model Traffic Ordinance as adopted by reference pursuant to Section 10.04.010 of this Chapter, shall be on file in the Office of the City Clerk. (Ord. 26 § 2, 1995.)

10.04.030Additional Code Sections Adopted by Reference.

The following sections of Title 46 of the Revised Code of Washington, as they currently are and as they may be amended in the future, not having been included in the MTO, are hereby adopted by reference into the Lakewood Traffic Code:

46.08.185 Electric vehicle charging stations-Signage-Penalty

46.16.160 Vehicle trip permits - Restrictions and requirements - Fees and taxes - Penalty - Rules

46.20.055 Violation of instructional permit restrictions

46.20.205 Failure to notify DOL of address change

46.20.730 Ignition interlock device - Definition

46.29.610 Requirements - Surrender of license - Penalty

46.29.620 Forge proof of financial responsibility - Penalty

46.37.685 License plate flipping device-Unlawful use, display, sale-Penalty

46.44.080 Local weight regulations - Authority to establish

46.63.160 Use of Automated Traffic Safety Cameras

46.61.165 Violation of transit/carpool lane

46.70.090 Unlawful/improper use of dealer license plates

46.61.667 Using wireless communications device while driving

46.61.668 Sending, reading or writing a text message while driving (Ord. 573 § 10, 2013; Ord. 401 § 1 (part), 2005; Ord. 110 § 1, 1997.)

10.04.040Authorized Use of Automated Traffic Safety Cameras.

1. Authority.

A. Law enforcement officers of the City of Lakewood and persons commissioned by the Chief of Police for the City of Lakewood are authorized to use automated traffic cameras and related automated systems to detect one or more of the following: (1) stoplight violations; (2) railroad crossing violations; and (3) 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 two arterial intersections, railroad crossings, and school speed zones only;

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 a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.

2. 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 fourteen days of the violation, or to the renter of a 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 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 eighteen 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, micro-photos, 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.

3. 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.

4. 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 46.63.160 or 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 any such provision of RCW 46.63.160, 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.

5. 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).

6. 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).

7. For the purposes of this ordinance, “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 to a school speed zone as detected by a speed measuring device. (Ord. 401 § 1 (part), 2005.)

10.04.050Penalty for Violation of Infraction noted by Automated Traffic Safety Cameras.

A violation of any portion of this ordinance shall be a violation punishable by infraction penalties established by the Washington Administrative Codes except that the maximum fine to be assessed for violations of an infraction recorded by an automated traffic safety camera will not exceed $250.00. (Ord. 401 § 1 (part), 2005.)