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HomeMy WebLinkAbout12-05-2005 ITEM VIII-A-2ter' CITY OF M r azo"" WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 3949, Ordinance No. 5957 and Date: November 30, 2005 Ordinance No. 5958 Department: Le al Attachments: Ordinance No. 5958 Budget Impact: Administrative Recommendation: City Council introduce and adopt Ordinance No. 5958. Background Summary: This agenda bill covers several items including Ordinance No. 5958 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. A1205-2 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 Counclimember: Cerino Staff: Kell -Meeting Date: December 5, 2005 Item Number: VIII.A.2 AUBURN*MORE THAN YOU IMAGINED ORDINANCE NO. 5958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE USE OF CERTIFIED ELECTRONIC SIGNATURES FOR THE CITY'S PHOTO INFRACTION PROGRAMS WHEREAS, pursuant to recent legislation, the City of Auburn is pursuing use of photo -electronic programs for speed and/or stop light enforcement; and WHEREAS, it is contemplated that in the use of these resources, the citations would be developed through electronic programs tied to the photo -radar and/or photo -stop light sensitive equipment for enforcement of speed and/or stop light violations at targeted locations within the City; and WHEREAS, the photo -radar and/or photo -stop light electronic programs have the potential for citations to be developed automatically; and WHEREAS, in order to avoid records handling challenges, and to assure prompt transfer of charging documents for such violations, electronic signatures could be beneficially used; and, WHEREAS, state law, including, specifically, Chapter 19.34 of the Revised Code of Washington, provides for a mechanism whereby signatures of a city authority may be certified in electronic form; and, WHEREAS, in connection with the speed and/or stop light enforcement program, the availability of certified electronic signatures would enhance the effectiveness of the photo enforcement program, and would be beneficial to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: ------------------------------ Ordinance No. 5958 October 26, 2005 Page 1 Section 1. Authorization of Electronic Signatures. In connection with the photo enforcement program for stoplight and/or speed, the City Council of the City of Auburn authorizes the Police Chief or his designees to utilize electronic signatures in accordance with the provisions of RCW 19.34. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be 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 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 ------------------------------ Ordinance No. 5958 October 26, 2005 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED TOFORM: rp En- - Published: ------------------------------ Ordinance No. 5958 October 26, 2005 Page 3