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Home My WebLink AboutReg 2019-11-04 Item 5C - Ordinance - Correct the Penalty Fee for Automated Traffic Safety Camera Infractions in School ZonesCOUNCIL AGENDA SYNOPSIS lnitials Meellut‘ Dale Prepared by 1V!ay rl- rerion Counci I re r 11/04/19 PH At c ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: BRUCE LINTON ORIGINAL AGENDA DATE: 11/04/19 AGENDA IT1.:M TITLE Corrected School Speed Zone Ordinance CAT1.;GORY E D ithISS1011 Alt,g Dale r Motion A.iig Dale E Resolution A N Date E Ordinance ,AltgDate E Bid Award /V4g Dale ri Public Hearing illtgDate Other AltgDate SPONSOR E Counci 1 [Mayor LIIHR LIIIDCD Fire LIjTJS EP&R Police PIV Court IIFinance SPONSOR'S Ordinance previously approved by Council on the school speed zone camera had incorrect SUMMARY violation fine amount. This ordinance is a correction and reflects the fee of $210.00 for 0- 10 MPH over the posted limit and $240.00 for 11+MPH over the posted limit. REVIEWED BY 17 C.O.W. Mtg. LI CDN Comm 0 Finance Corntn. [ZI Public Safety Comm. El Trans &Infrastructure f Arts Comm. 0 Parks Comm. El] Planning Comm. DATE: 10/21/19 COMMTITEE CHAIR: ROBERTSON RECOMMENDATIONS: SPoNsoft/ADmiN. COMMITTEE Police Department Unanimous approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE ExpENDITuRI REQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED SO $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/4/19 MTG. DATE ATTACHMENTS 11/4/19 Informational Memorandum dated 9/24/19 Ordinance Minutes from the 10/21 Public Safety Committee meeting 15 16 City 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 17 18 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 Tess 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 increases the fine imposed under this chapter, by legislation or W:\Legislative Development\Automated traffic safety cameras -school zones —amend penalties 9-3-19 AT:bjs Review and analysis by Barbara Saxton Page 1 of 2 19 court rule, the City's fine shall be increased 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: W:\Legislative Development\Automated traffic safety cameras -school zones —amend penalties 9-3-19 AT:bjs Review and analysis by Barbara Saxton Page 2 of 2 20 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes October 21, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan Staff: David Cline, Bruce Linton, Trina Cook, Jay Wittwer, Laurel Humphrey Guest: Andrea Reay, Seattle Southside Chamber of Commerce; Heather Trim, Zero Waste Washington CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Ordinance: Correcting Fine for Speeding in School Zones Staff is seeking Council approval of an ordinance that would correct the fine in the School Speed Zone Camera Ordinance previously adopted by the Council. The fee is set by the RCW and should be $210.00 for 0-10 MPH over the posted limit and $240.00 for 11+ MPH over the posted limit. The previous ordinance inadvertently included the fees for the red tight intersection cameras, the use of which have not been approved by the Council. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 4, 2019 REGULAR CONSENT AGENDA. B. Ordinance: Regulating Retail Carryout Bags The Council requested preparation of an ordinance that would limit the consumption of single - use plastic and paper bags by regulating carryout bags at retail stores, as over 33 other Washington jurisdictions have done to date. It is likely that a statewide bag ban will pass, and this draft ordinance is closely aligned with the bill that was introduced in the last session, but ultimately failed. Under the proposal all retail stores would be prohibited from providing customers with single -use plastic carryout bags and must collect an 8-cent pass -through fee for providing paper bags of 1/8 barrel or larger or for plastic film bags 2.25 mils thick. People on food assistance programs would not have to pay the fee and certain plastic bags, such as those used for bulk items or deli meat, would be exempted. The Committee discussed the proposal and asked clarifying questions, Committee members each expressed support for the ordinance and recommend an effective date of nine months after passage to allow the community time to prepare and adjust. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 11, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. 21