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Home My WebLink AboutOrd 2696 - TMC Chapter 9.53 "Automated Traffic Safety Cameras" - Allow in Other Geographic Locations and Use Standards Cover page to Ordinance 2696 The full text of the ordinance follows this cover page. Ordinance 2696 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 2 2736 Washington Ordinance No. 2 61-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2612, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 9.53, "AUTOMATED TRAFFIC SAFETY CAMERAS IN SCHOOL ZONES," TO RETITLE TMC CHAPTER 9.53 AS "AUTOMATED TRAFFIC SAFETY CAMERAS," AND ALLOW AUTOMATED TRAFFIC SAFETY CAMERAS IN OTHER GEOGRAPHIC LOCATIONS; UPDATING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERA STANDARDS RELATED THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2612, the City Council authorized the placement and use of automated traffic safety cameras to detect speeding in school zones and codified standards and regulations related thereto; and WHEREAS, the Washington State Legislature recently adopted Engrossed Substitute Senate Bill 5974, which amends Chapter 46.63 RCW and authorizes cities to use automated traffic safety cameras to detect speed violations on any roadway identified in a school walk area, public park speed zone, or hospital speed zone, subject to some limitations; and WHEREAS, the City of Tukwila desires to improve traffic safety and pedestrian safety throughout the City with emphasis on public parks as well as school speed zones; and WHEREAS, in accordance with RCW 46.63.170(1)(a), the City has prepared an analysis of the locations where automated traffic safety cameras are proposed to be located in city park zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter Title. Ordinance No. 2612 §1, as codified at TMC Chapter9.53, is hereby amended to read as follows: W:\Legislative Development\Amend TMC 9.53 Automated traffic safety cameras -12-7-22 KB:AY Review and analysis by Andy Youn Page 1 of 3 CHAPTER 9.53 AUTOMATED TRAFFIC SAFETY CAMERAS Sections: 9.53.010 Automated traffic safety cameras — Detection of violations — Restrictions 9.53.020 Notice of infraction 9.53.030 Prima facie presumption 9.53.040 Infractions processed 9.53.050 Fine 9.53.060 Nonexclusive enforcement Section 2. TMC Section 9.53.010 Amended. Ordinance No. 2612 §2, as codified at Tukwila Municipal Code Section 9.53.010, "Automated Traffic Safety Cameras — Detection of Violations — Restrictions," is hereby amended to read as follows: 9.53.010 Automated traffic safety cameras — Detection of violations — Restrictions A. City law enforcement officers and persons commissioned by the Tukwila Police Chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of vehicles engaged in violations in school speed zones and public park speed zones, as defined by RCW 46.63.170(B)(ii)(A); provided, however, pictures of the vehicle and the vehicle license plate may be taken only wh ile an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. B. Each location where an automated traffic safety camera is used shall be clearly marked by signs placed in locations that clearly indicate to a driver that the driver is entering a zone where traffic laws are enforced by an automated traffic safety camera. C. "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic 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 exceeds a speed limit in a school zone or city public park zone as detected by a speed measuring device. Section 3. TMC Section 9.53.030 Amended. Ordinance No. 2612 §4, as codified at Tukwila Municipal Code Section 9.53.030, "Prima Facie Presumption," is hereby amended to read as follows: 9.53.030 Prima facie presumption A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehide described in the notice of traffic infraction was involved in a school speed zone violation or city public park zone speed violation, together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, W:\Legislative Development\Amend TMC 9.53 Automated traffic safety cameras -12-7-22 KB:AY Review and analysis by Andy Youn Page 2 of 3 shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle atthe point where, and for the time during which, the violation occurred. B. This presumption may be overcome only if the registered owner, under oath, states in a written statement to the court or in testimony before the court that the vehide involved was, at the time, stolen or in the care, custody or control of some person other than the registered owner. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance n umbering and section/su bsection nu mbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaperof the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this 12+ day of y, e Lbw , 2022. ATTEST/AUTHENTICATED: M1 {1114, a ca A Fi" C.,-?/trteVey /tete-9 Keg, 4,a4b601.1,660o,,i.ded Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: So.1,100,4, ro co. (S7Atoe, Office of the City Attorney Allah Ekberg, Mayor Filed with the City Clerk: 2. Passed by the City Council: 1•2- - Published: Effective Date: 12. - Ordinance Number: 26/4) WALegislative DevelopmentAmend TMC 9.53 Automated traffic safety cameras -12-7-22 KB:AY Review and analysis by Andy Youn Page 3 of 3 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2696. On December 12, 2022 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2696: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2612, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 9.53, "AUTOMATED TRAFFIC SAFETY CAMERAS IN SCHOOL ZONES," TO RETITLE TMC CHAPTER 9.53 AS "AUTOMATED TRAFFIC SAFETY CAMERAS," AND ALLOW AUTOMATED TRAFFIC SAFETY CAMERAS IN OTHER GEOGRAPHIC LOCATIONS; UPDATING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERA STANDARDS RELATED THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: December 15, 2022