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HomeMy WebLinkAboutUntitled (2) ORDINANCE NO. 6868 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 intends to use automated traffic safety cameras for the detection of traffic violations in accordance with the authorization and restrictions in RCW 46.63.170 and Auburn City Code (ACC) Chapter 10.42; WHEREAS, while these authorities give cities the legal ability to use traffic safety cameras in several possible locations (including school zones), at this time the City intends to implement traffic safety cameras in school zones only, starting in the fall of 2022; WHEREAS, several sections of ACC 10.42 adopt RCW sections by reference. Since the City's enactment of ACC 10.42 in 2005, a number of its adopted RCW sections have changed, leaving ACC 10.42 with now outdated or incorrect RCW references; WHEREAS, ACC 10.42 is in need of revision for updating, precision and clarity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendments to City Code. Auburn City Code sections 10.42.010 through 10.42.080 are 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. Ordinance No. 6868 July 21, 2022 Page 1 of 2 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. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: ,,AUG 1 5202 PASSED: ,AUG 1 5 2022 APPROVED: ,AUG 1 5 2022 XN NCY B A S, MAYOR diik ATTEST: APPROVED AS TO FORM: Shawn CampbeTt; MMC, City Clerk Kendra Comeau, City Attorney Published: RA9 ,4 1C '022 in 1-he creaRt 1-Irat,S Ordinance No. 6868 July 21, 2022 Page 2 of 2 EXHIBIT A-ORDINANCE NO. 6868 ACC 10.42.010 Authorized use of automated traffic safety camerasi Restrictions. A. Law enforcement officers of the city of Auburn and persons or entities authorized by the City 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 City's use of automated traffic safety cameras is subject to the following restrictions: 1. Use of automated traffic safety cameras is restricted to " - . - - - - - " (the-intersections of two or more arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022), railroad crossings, and school speed zones-en-ly. 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. 3. 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, Tthe 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. 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. ACC 10.42.020 Notice of infraction for automated traffic safety camera violation snentrol systems. A. When an - - - • - - - ' - - et - - e e . - - automatic traffic safety camera detects a violation under this section, a notice of infraction may 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. 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 does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail: O .) 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)A rental car business's timely mailing of this statement to the issuing law enforcement a•enc relieves the business of an liabilit 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 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. ACC 10.42.030 Response to infraction notice; request for hearing. A person receiving 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 respond to the notice by mail. The person receiving the infraction may also request a hearing. ACC 10.42.040 Presumption of committed infraction; Overcoming --Pres u m ption-overcome A. In a traffic infraction case involving a violation detected through the use ofa-photo •• - -•• . •: - - _ .l. A -. . -e 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 46.63.1760, 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 of the violation, stolen or in the care, custody, or control of some person other than the registered owner. ACC 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 RCW 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 GCity GCodes, including for the purposes of RCW 3.50.100, 3.62.040, 46.16A.1202-1-6, and 46.20.270, and any other applicable statutes. ACC 10.42.060 Fines; payment. A. Stoplight Violations - -e '- :_- - :-- : _ . The fine for stoplight violation and railroad-crossing violation infractions under --••••' - • •• - • ••• - this chapter shall be $139.00, including all applicable statutory assessments. $121.00 B. Railroad crossing and School Speed Zone Violations. The fine for railroad crossing and school speed zone violation infractions under committed pursuant to the provisions ef-this chapter shall be $200.00_if paid within 15 days from the date of issuance of such such notice. C. 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. D. Payment of fines. Fines shall be paid directly to the court er-as otherwise directed on the notice of infraction. It is further provided that Hf the fines amounts are not paid before they amounts due are sent to collections or before the city -- ' ° e-•— - 'e• e the collection costs of such collection efforts shall may be added to the amounts due and owing. ACC 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(11)(a), (b), or (c). ACC 10.42.080 Authorization of electronic signatures. In connection with the use of automated traffic safety cameras under this chapter, photo -.•- e ee •• e 'e- . -e e -e 'e •e• the city council of the city of Auburn authorizes the use of e e e -- •e --- e - - -lectronic signatures in accordance with the provisions of Chapter 19.31 RCW 1.80 and other applicable law.