HomeMy WebLinkAboutHandout at Meeting 10-27-2014MS 10.27.14 Pages 1 -3
( I.A. B.Peloza
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 Nonexclusive enforcement.
10.42.080 Authorization of electronic signatures.
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 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. (Ord. 5957 § 1, 2005.)
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 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.
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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 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;
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,
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. 5957 § 1, 2005.)
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. (Ord. 5957 § 1, 2005.)
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 chapter, 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. (Ord. 5957 § 1, 2005.)
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 chapter 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. (Ord. 5957 § 1, 2005.)
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10.42.060 Fines.
A. Stoplight Violations and Railroad Crossing Violations. The fine for stoplight
violation and railroad crossing violation infractions committed pursuant to the provisions
of this chapter shall be $124.00 if paid within 15 days from the date of issuance of such
notice, or in the sum of $157.00 if not paid within 15 days from the date of issuance of
such notice. Fines shall be paid directly to the Auburn municipal court or as otherwise
directed on the notice of infraction. It is further provided that if the fine amounts are not
paid before the amounts due are sent to collection, or before the city or a contractor on
the city's behalf take action to collect the same, the costs of such collection efforts shall
be added to the amounts due and owing.
B. School Speed Zone Violations. The fine for school speed zone violation
infractions committed pursuant to the provisions of this chapter shall be $200.00 if paid
within 15 days from the date of issuance of such notice, or in the sum of $250.00 if not
paid within 15 days from the date of issuance of such notice. Fines shall be paid directly
to the Auburn municipal court or as otherwise directed on the notice of infraction. It is
further provided that if the fine amounts are not paid before the amounts due are sent to
collection, or before the city or a contractor on the city's behalf take action to collect the
same, the costs of such collection efforts shall be added to the amounts due and owing.
(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(I)(a), (b), or (c). (Ord. 5957 § 1, 2005.)
10.42.080 Authorization of electronic signatures.
In connection with the photo enforcement program for stoplight and /or speed
violations, 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 Chapter
19.34 RCW. (Ord. 5958 § 1, 2005.)
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