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Home My WebLink About6983ORDINANCE NO. 6983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS WITHIN CHAPTER 10.42 OF THE AUBURN CITY CODE RELATED TO THE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS TO DETECT TRAFFIC VIOLATIONS WHEREAS, the City utilizes automated traffic safety cameras for the detection of traffic violations in accordance with Auburn City Code (ACC) Chapter 10.42; WHEREAS, ACC 10.42 currently authorizes the City to enforce stoplight violations, railroad crossing violations, and school speed zone violations; WHEREAS, since the City's last revision of ACC 10.42, the State has revised RCW sections referenced in ACC 10.42 and expanded the ability for agencies to use automated traffic safety cameras for additional purposes; WHEREAS, since 2023, the City has operated 12 cameras installed in 8 different school zones which have reduced vehicle speeds in these zones in support of the City's transportation safety goals; WHERAS, with the adoption of the City's 2025/2026 Biennial Budget, the City Council approved a program improvement to expand automated traffic safety camera enforcement of speeding violations to locations outside school zones; WHEREAS, the City is conducting an analysis in accordance with the new legislative requirements to identify and evaluate additional locations where speed enforcement using automated traffic safety cameras would further support the City's transportation safety goals; Ordinance No. 6983 June 10, 2025 Page 1 of 3 Rev. 04/24 WHEREAS, ACC 10.42 requires revision to align with the recently updated RCW and to allow for speed enforcement using automated traffic safety cameras at locations outside school zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendments to City Code. Auburn City Code Chapter 10.42 is amended to read as set forth in Exhibit A to this Ordinance. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6983 June 10, 2025 Page 2 of 3 Rev. 04/24 Ordinance 6983 Exhibit A Chapter 10.42 AUTOMATED TRAFFIC E"'orgo, Ph'TSA TY CAMERAS Sections: 10.42.010 Authorized use of automated traffic safety cameras - Restrictions. 10.42.020 Notice of infraction for automated traffic safety camera violations. 10.42.030 Response to infraction notice - Request for hearing. 10.42.040 Presumption of committed infraction - Overcoming presumption. 10.42.050 Infractions not part of driving record, processed as parking infractions. 10.42.060 Fines - Payment. 10.42.070 Nonexclusive enforcement. 10.42.080 Authorization of electronic signatures. 10.42.010 Authorized use of automated traffic safety cameras - Restrictions. A. Law enforcement officers of the city of Auburn and persons or entities authorized by the city are authorized to use automated traffic safety cameras and related automated systems_ consistent with the provisions of state law, set forth in RCW 46.63,210 - .260. to Beater -A ^^e er speed ZGRey'ela#GPs enforce traffic ordinances. B. The city's use of automated traffic safety cameras is subject to the following restrictions: 21. 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. Ordinance 6983 Exhibit A -2. Unless otherwise provided by law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section, are for the exclusive use of law enforcement in the discharge of duties under this section. C. At least 30 days prior to the activation of any automated traffic safety cameras, 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 they are entering a zone where traffic laws are enforced by an automated traffic safety camera. The signs must be readily visible to a driver approaching an automated traffic safety camera. Signs must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the State department of transportation under Chapter 47.36 RCW. purposesD. For the of this chapter,"automated traffic safety camera" means a deviGe that control_railrGad grade• •Gontrol systern, or a speedmeasuring • • _caar.-Aera SYRChronizzead to -aute-maticallyreGord Ann. or • • p• O _ _ miGrephotegraphs,a• •. the ••e the vehiGle fails ostep weR faring a steady red tFaair- aentreler aR --railread grade E. The city shall prepare and post an annual report on the city's website in accordance with RCW 46.63.220. 10.42.020 Notice of infraction for automated traffic safety camera violations. A. When an automatic traffic safety camera detects a violation under this section, a notice of infraction may 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 law enforcement agency shall, before issuing a notice of infraction, 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 Ordinance 6983 Exhibit A does not, within 18 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. A rental car business's timely mailing of this statement to the issuing law enforcement agency relieves the business of any liability for the notice of infraction under this chapter. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. C. The i,o^l enforromant 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. 6868 § 1 (Exh. A), 2022; Ord. 5957 § 1, 2005.) 10.42.030 Response to infraction notice - Request for hearing. A notice of infraction based on evidence detected by an automated traffic safety camera shall direct the violator to respond to the notice as required by law. The response may be by mail. (Ord. 6868 § 1 (Exh. A), 2022; Ord. 5957 § 1, 2005.) 10.42.040 Presumption of committed infraction - Overcoming presumption. A. In a traffic infraction case involving a violation detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of infraction was in violation of ^I ^r^siici^^ of an rr� 46.6 his 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 Ordinance 6983 Exhibit A 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 of the violation, stolen or in the care, custody, or control of some person other than the registered owner. (Ord. 6868 § 1 (Exh. A), 2022; Ord. 5957 § 1, 2005.) 10.42.050 Infractions not part of driving record, processed as parking infractions. 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 prosecuted under the Auburn City Code, including for the purposes of RCW 3.50.100, 3.62.040, 46.16A.1201 and 46.20.270, and any other applicable statutes. (Ord. 6868 § 1 (Exh. A), 2022; Ord. 5957 § 1, 2005.) 10.42.060 Fines - Payment. A. Step Violations. The fine for &tGp4g1#q violation i act+ensinfraction under this chapter shall be-$43-9 145.00, ' except the fine for a school soeed zone infraction which shall be $200.00. C-B. Failure to Respond to Infraction Notice. Violators failing to respond to a notice of infraction as required by law shall be assessed a $10.00 penalty. 9C. Payment of Fines. Fines shall be paid directly to the court as directed on the notice of infraction. If the fines are not paid before they are sent to collections, collection costs may be Ordinance 6983 Exhibit A added to the amounts due and owing. (Ord. 6868 § 1 (Exh. A), 2022; Ord. 6109 § 1, 2007; Ord. 6059 § 1, 2006; Ord. 6016 § 1, 2006; Ord. 5957 § 1, 2005.) 10.42.070 Nonexclusive enforcement. 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(l)(a), (b), or Lc. (Ord. 6868 § 1 (Exh. A), 2022; Ord. 5957 § 1, 2005.) 10.42.080 Authorization of electronic signatures. In connection with the use of automated traffic safety cameras under this chapter, the city council of the city of Auburn authorizes the use of electronic signatures in accordance with Chapter 1.80 RCW and other applicable law. (Ord. 6868 § 1 (Exh. A), 2022; Ord. 5958 § 1, 2005.)