HomeMy WebLinkAboutPS 2019-10-21 Item 2A - Ordinance - Correct the Fine for Automated Traffic Safety Camera Infractions for Speeding in School ZonesCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Bruce Linton, Chief of Police
BY: Bill Devlin, Sergeant Traffic Division
CC: Mayor Ekberg
DATE: 09/24/2019
SUBJECT: Corrected School Speed Zone Camera Ordinance
ISSUE
This memorandum addresses the incorrect violation fine referenced in the School Speed Zone
Camera Ordinance and request a correction to the School Speed Zone Camera Ordinance.
BACKGROUND
During the Public Safety Committee and the subsequent council meetings, two separate
ordinances were submitted for recommendation as part of the Automated Safety Camera
Proposal. One ordinance was prepared for the Red -Light Camera proposal and a second
ordinance was submitted for the School Speed Zone Camera proposal. The Red -Light Camera
proposal was not moved forward for consideration and the School Speed Zone Ordinance was
approved. The proposed fine for the School Speed Zone Camera Violation was incorrectly
posted in the ordinance as $136.00. The $136.00 fine was the fee related to the Red -Light
Camera proposal, hence the confusion and mistake.
DISCUSSION
DISCUSSION: The fee proposed for the School Zone Speed Camera violation is set by RCW
46.63.170 and RCW 46.63.110. The proposal and subsequent discussion set the fee at
$210.00 for 0-10 MPH over the posted limit and $240.00 for 11+MPH over the posted limit.
The proposed fines for the School Speed Zone Cameras were referenced in the info memo
dated 7/10/2019.
The City Attorney's Office acknowledged the mistake and prepared the attached corrected
ordinance for submission.
RECOMMENDATION
Approve the corrected School Speed Zone Ordinance (attached) and forward for consent
agenda approval.
ATTACHMENTS
Corrected School Speed Zone Camera Ordinance
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AFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2612, AS CODIFIED IN CHAPTER 9.53 OF THE TUKWILA
MUNICIPAL CODE, TO CORRECT THE MONETARY
PENALTY AMOUNT; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, City Council passed Ordinance No. 2612 to authorize use of
automated traffic safety cameras to detect speeding in school zones; and
WHEREAS, prior to passing Ordinance No. 2612, City staff recommended the City
Council establish monetary penalties for said infractions as follows: (1) $210.00 for
travelling at a speed greater than, but less than 11 miles per hour more than, the posted
speed limit; and (2) $240.00 for travelling at a speed at least 11 miles per hour more
than the posted speed limit; and
WHEREAS, instead, Ordinance No. 2612 established the monetary penalty for said
infractions at $136.00; and
WHEREAS, the City Council desires to amend Ordinance No. 2612 to correct said
monetary penalty to the amount recommended by City staff and originally intended by
City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 9.53.050 Amended. Ordinance No. 2612 §6, as codified
at Tukwila Municipal Code Section 9.53.050, "Fine," is hereby amended to read as
follows:
9.53.050 Fine
A. 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 incr aces the fine imposed under this chapter, by legislation or
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d to a like amount upon the effective date of
such legislation or court rule as follows:
1. $210.00 for travelling at a speed greater than, but less than 11 miles per
hour more than, the posted speed limit; and
2. $240.00 for travelling at a speed at least 11 miles per hour more than the
posted speed limit.
B. The maximum penalty for infractions detected pursuant to the provisions of this
chapter shall not exceed the maximum amount of fine issued for parking infractions
within the City.
Section 2. 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 3. 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 4. 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 day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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