HomeMy WebLinkAbout12-05-2005 ITEM VIII-A-1CITY OF ..
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 3949, Ordinance No. 5957 and
Date: November 30, 2005
Ordinance No. 5958
Department: Legal Attachments: Ordinance No. 5957
Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5957.
Background Summary: This agenda bill covers several items including Ordinance No. 5957
which authorizes the City's enforcement of photo enforcement programs and speed enforcement
programs.
Washington State legislature recently enacted revisions to the legislation of what was previously a pilot
program, opening the door for cities, generally, to utilize programs for photo enforcement infraction
programs. Most typically, these programs include fixed red light photo enforcement and fixed or mobile
speed enforcement programs in qualifying neighborhoods. Pursuant to the provisions of Ordinance No.
5957, the City of Auburn would be authorized, upon the Ordinance's adoption, to embark upon an
enforcement program through these new strategies. The Ordinance creates a new chapter 10.42 which
defines the program and sets fines and enforcement perimeters. Along with that, Resolution No. 3949
authorizes the execution of a contract with Redflex Traffic Systems, Inc. for a photo red light and mobile
speed enforcement program system, each one being separate options within the contract. With the
passage of this resolution, the City of Auburn would be able to have Redflex install equipment which
would then authorize enforcements pursuant to the new chapter 10.42 of the Auburn City Code, which
violations would be infractions of an equivalent nature to parking tickets by generating revenue that would
then not have to be split with the state. It is anticipated that this might be a cost effective method of
insuring better safety around problem intersections or high speed areas in neighborhoods warranting
protection under the statute.
Also related to the resolution and ordinance described above is Ordinance No. 5958, an Ordinance which
authorizes the use of certified electronic signatures for the photo enforcement programs. Pursuant to
state law, certain requirements must be met in order for a city to utilize electronic signatures as would be
contemplated and as would be convenient in the photo enforcement programs. This Ordinance would
authorize the officer who would be approving and processing the tickets for issuance to have his or her
signature electronically added to the document that is then mailed to the driver.
A1205-1 03.4.1.14
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Cerino Staff: Kell
-Meeting Date: December 5, 2005 Item Number: VIII.A.1
AUBURN*MOR,E THAN YOU IMAGINED
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 Auburn City Code shall be
created to read as follows:
Chapter 10.42
Automated Traffic Enforcement
Sections:
10.42.010 Authorized use of automated traffic safety cameras
10.42.020 Notice of Infraction for automated traffic control systems
10.42.030 Request for Hearing.
10.42.040 Presumption of Committed Infraction - Presumption
Overcome.
10.42.050 Infractions Processed.
10.42.060 Fines.
10.42.070 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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Ordinance No. 5957
October 26, 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, 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
a.n 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
photographs, micro -photos, or electronic images produced by an automated
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Ordinance No. 5957
October 26, 2005
Page 2
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 (1)(a), (b), or (c).
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Ordinance No. 5957
October 26, 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:
APPROVED:
PETER B. LEWIS, MAYOR
ATTEST:
Published:
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Ordinance No. 5957
October 26, 2005
Page 4