Chapter 10.46
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
10.46.010 Definition of automated traffic safety camera.
10.46.020 Authorized use of automated traffic safety cameras.
10.46.030 Notice of infraction.
10.46.040 Request for hearing.
10.46.050 Presumption of committed infraction – Presumption overcome.
10.46.060 Infractions processed.
10.46.070 No limitations of authority.
10.46.010 Definition of automated traffic safety camera.
For the purposes of this chapter, the following definitions shall apply:
A. “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.
B. “Public park speed zone” means the marked area within public park property and extending 300 feet from the border of public park property (1) consistent with active park use and (2) where signs are posted to indicate the location is within a public park speed zone. (Ord. 2075 § 1, 2023).
10.46.020 Authorized use of automated traffic safety cameras.
A. Consistent with the authority granted in RCW 46.63.170, city of Milton law enforcement officers and persons commissioned by the chief of police for the city of Milton are authorized to use automated traffic cameras and related automated systems to detect one or more of the following: (1) stoplight violations, (2) school speed zone violations, and (3) public park speed zone violations.
B. The use of automated traffic safety cameras is subject to the following restrictions:
1. Use of automated traffic safety cameras is restricted to intersections of two or more arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022, school speed zones, and public park 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 a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. Said signs must comply with the specifications and guidelines under the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the Washington State Department of Transportation under Chapter 47.36 RCW. (Ord. 2075 § 1, 2023).
10.46.030 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 a 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 Milton 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 18 days of receiving the written notice, provide to the Milton 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 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 Milton police department relieves a rental car business of any liability under this chapter for the notice of infraction.
C. The city of Milton 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. The photographs, microphotos, 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. (Ord. 2075 § 1, 2023).
10.46.040 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. The person receiving the infraction may also request a hearing in the Milton municipal court consistent with the procedures, rules, and regulations governing other infractions. (Ord. 2075 § 1, 2023).
10.46.050 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, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.170 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. 2075 § 1, 2023).
10.46.060 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 section 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(2). (Ord. 2075 § 1, 2023).
10.46.070 No limitations of authority.
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. 2075 § 1, 2023).
10.46.080 Monetary penalty.
The monetary penalty for a violation of this chapter shall not exceed $250.00, including all applicable statutory assessments, consistent with the authority of RCW 43.63.170. (Ord. 2075 § 1, 2023).