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ORDINANCE NO. 5957
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
10.42 OF THE AUBURN CITY CODE RELATING TO
AUTOMATED TRAFFIC ENFORCEMENT
WHEREAS, the Legislature of the State of Washington has added a new
section to RCW 46.63 regulating the use of automated traffic safety cameras,
and authorizing their use by municipalities; and
WHEREAS, The City Council of the City of Auburn, Washington,
recognizes the value of implementing an automated traffic enforcement program
in the furtherance of its goals in creating a safe environment for its citizenry.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
WASHINGTON, DO ORDAIN as follows:
Section 1. That a new Chapter 10.42 of the Aubu rn City Code shall be
created to read as follows:
Sections:
10.42.010
10.42.020
10.42.030
10.42.040
10.42.050
10.42.060
10.42.070
Chapter 10.42
Automated Traffic Enforcement
Authorized use of automated traffic safety cameras
Notice of Infraction for automated traffic control systems
Request for Hearing.
Presumption of Committed Infraction - Presumption
Overcome.
Infractions Processed.
Fines.
Non-exclusive enforcement.
10.42.010 Authorized use of automated traffic safety cameras
A. Law enforcement officers of the City of Auburn and persons
commissioned by the Auburn Police Chief are authorized to use automated traffic
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December 5, 2005
Page 1
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" (the intersections of two arterials), 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.
D. 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, 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.
10.42.020 Notice of Infraction for automated traffic control systems
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
Ordinance No. 5957
December 5, 2005
Page 2
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.
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.
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 46.63.160 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.
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 section shall be processed in the same manner as
parking infractions prosecuted under City Codes, including for the purposes of
RCW 3.50.100, 3.62.040, 46.16.216, and 46.20.270, and any other applicable
statutes.
10.42.060 Fines.
The fine for infractions committed pursuant to the provisions of this
Chapter shall be One Hundred one Dollars ($101.00).
10.42.070 Non-exclusive 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 under RCW 46.63.030 (I)(a), (b), or (c).
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December 5, 2005
Page 3
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
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ATTEST:
Published: \ 2-- (~ - 2C.05
Ordinance No. 5957
December 5, 2005
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