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HomeMy WebLinkAbout5957 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 Ordinance No. 5957 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). Ordinance No. 5957 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: A PR DEe 5 Z005 nFC 5 Zo05 5 Zo05 ~ ATTEST: Published: \ 2-- (~ - 2C.05 Ordinance No. 5957 December 5, 2005 Page 4