HomeMy WebLinkAboutOrd 2612 - TMC Chapter 9.53 "Automated Traffic Safety Cameras in School Zones"
Cover page to Ordinance 2612
The full text of the ordinance follows this cover page.
Ordinance 2612 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2616
1, 2, 4
2696
2, 3, 6
2736
a
Washington
Ordinance No. t22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER
OF THE TUKWILA MUNICIPAL CODE AUTHORIZING THE
USE OF AUTOMATED TRAFFIC SAFETY CAMERAS IN
SCHOOL ZONES, AND ADOPTING STANDARDS RELATED
THERETO, TO BE CODIFIED AS TUKWILA MUNICIPAL
CODE CHAPTER 9.53; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, reduced speeds in school zones help decrease the likelihood of an
accident in areas with an increase in school -related pedestrian and vehicular traffic; and
WHEREAS, the City of Tukwila desires to improve traffic safety and pedestrian
safety throughout the City with emphasis on school speed zones; and
WHEREAS, the Washington State Legislature has adopted Chapter 46.63 RCW,
which authorizes local jurisdictions to use automated traffic safety cameras in school
speed zones, subject to some limitations; 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 9.53 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Automated Traffic Safety Cameras in School
Zones," to be codified as Tukwila Municipal Code (TMC) Chapter 9.53, is hereby
established to read as follows:
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CHAPTER 9.53
AUTOMATED TRAFFIC SAFETY CAMERAS IN SCHOOL ZONES
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. Regulations Established. TMC Section 9.53.010, "Automated traffic
safety cameras — Detection of violations — Restrictions," is hereby established 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 school speed zone
violations; provided, however, pictures of the vehicle and the vehicle license plate may
be taken only while 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 as detected by a
speed measuring device.
Section 3. Regulations Established. TMC Section 9.53.020, "Notice of
infraction," is hereby established to read as follows:
9.53.020 Notice of infraction
A. Whenever any vehicle is photographed by an automated 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. A person receiving a notice of infraction based on evidence
detected by an automated traffic safety camera may respond to the notice by mail.
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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 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 when 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 agency shall relieve the rental car
business of any liability under this chapter for the infraction.
C. The law enforcement officer issuing a notice of infraction shall include with it a
certificate or facsimile thereof, based upon the inspection of photographs,
microphotographs or electronic images produced by an automated traffic safety camera,
citing the infraction and stating the facts supporting the notice of infraction. This
certificate or facsimile shall be prima facie evidence of the facts contained in it and shall
be admissible in a proceeding charging a violation under this chapter. The
photographs, microphotographs or electronic images evidencing the violation must be
available for inspection and admission into evidence in a proceeding to adjudicate the
liability for the infraction.
D. The registered owner of a vehicle is responsible for an infraction detected
through the use of an automated traffic safety camera unless the registered owner
overcomes the presumption set forth in TMC Section 9.53.030, or, in the case of a
rental car business, satisfies the conditions under TMC Section 9.53.020.B. If
appropriate under the circumstances, a renter identified under TMC Section 9.53.020.13
is responsible for an infraction.
E. All photographs, microphotographs or electronic images prepared under this
chapter are for the exclusive use of law enforcement in the discharge of duties under
this chapter and, as provided in RCW 46.63.170(1)(g), they are not open to the public
and may not be used in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this chapter. No photograph, microphotograph
or electronic image may be used for any purpose other than enforcement of violations
under this chapter nor retained longer than necessary to enforce this chapter.
Section 4. Regulations Established. TMC Section 9.53.030, "Prima facie
presumption," is hereby established 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 vehicle
described in the notice of traffic infraction was involved in a school speed zone 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, shall constitute in evidence a prima
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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, under oath,
states 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.
Section 5. Regulations Established. TMC Section 9.53.040, "Infractions
processed," is hereby established to read as follows:
9.53.040 Infractions processed
Infractions detected through the use of automated traffic safety cameras shall be
processed in the same manner as parking infractions.
Section 6. Regulations Established. TMC Section 9.53.050, "Fine," is hereby
established to read as follows:
9.53.050 Fine
The fine for an infraction detected under authority of this chapter shall be a base
monetary penalty of $136.00; and provided further, that whenever, in the future, the
state of Washington increases the fine imposed under this chapter, by legislation or
court rule, the City's fine shall be increased to a like amount upon the effective date of
such legislation or court rule.
Section 7. Regulations Established. TMC Section 9.53.060, "Nonexclusive
enforcement," is hereby established to read as follows:
9.53.060 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(1)(a), (b) or (c).
Section 8. Corrections by City Clerk or Code Reviser. 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 numbering
and section/subsection numbering.
Section 9. 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.
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Section 10. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of 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 Regular Meeting thereof this 54* day of R\A 5 , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
ayor
APPROVED AS TO FORM BY: Filed with the City Clerk: 7 -3i-19
Passed by the City Council: S -5 -
Published: 8 -a ---
Effective Date: I 3— 1'1
Rachel B. Turpin, City Attorney
Ordinance Number: t
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2612.
On August 5, 2019 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 2612: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA
MUNICIPAL CODE AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY
CAMERAS IN SCHOOL ZONES, AND ADOPTING STANDARDS RELATED THERETO,
TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 9.53; 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: August 8, 2019