HomeMy WebLinkAboutCSS 2024-09-09 Item 1A - Ordinance - TMC Chapter 9.53 "Automated Traffic Safety Cameras" AmendmentCity of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services and Safety Committe
FROM: Eric Dreyer, Chief of Police
BY: Eric Lund, Deputy Chief of Police
CC: Thomas McLeod
DATE: September 3, 2024
SUBJECT: TMC 9.53 update — Automated Traffic Safety Cameras
ISSUE
As a result of the passage of State legislation in 2022, cities are now authorized to install
automatic speed safety cameras in areas directly outside hospitals, public parks, and within a
school's designated walk area. TMC 9.53 requires revision to reflect these changes and allow
for enforcement.
BACKGROUND
The City of Tukwila has already installed speed safety cameras near Foster High School and
Showalter Middle School. The cameras have proven effective in reducing the number of
speeding violations in the School Zone, increasing safety in the area.
New legislation effective July 1, 2022 authorized cities to use a limited number of automated
traffic safety cameras to detect speed violations on any roadway identified in a school walk
area, public park speed zone, or hospital zone. The TMC must now be updated to reflect the
changes in the state law.
DISCUSSION
The proposed changes in the TMC were reviewed and drafted by the City Attorney's Office.
Also, fines for violations are limited to $145 and can be doubled to $290 in school zones. The
fines my be adjusted for inflation every five years by the Office of Financial Management.
FINANCIAL IMPACT
There is no financial impact by making changes to this municipal code.
RECOMMENDATION
The Council is being asked to approve the ordinance, agreement and consider this item at the
September 23, 2024 Committee of the Whole meeting and subsequent October 7, 2024 Regular
Meeting.
ATTACHMENTS
Draft Ordinance TMC 9.53
RCW 46.63.210
RCW 46.63.220
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
2612 §2, §3, AND §6, 2616 §1, AND 2696 §2, AS CODIFIED
IN VARIOUS SECTIONS OF TMC CHAPTER 9.53,
"AUTOMATED TRAFFIC SAFETY CAMERAS"; TO COMPLY
WITH RCW 46.63.220; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila ("City") adopted Tukwila Municipal Code ("TMC")
Chapter 9.53, authorizing law enforcement to utilize automated safety cameras in school
and park speed zones; and
WHEREAS, the City adopted TMC 9.53.050, which established fines for violations of
school and park speed zones captured by automated traffic safety cameras; and
WHEREAS, in 2024, the Washington State Legislature passed Engrossed Substitute
House Bill ("ESHB") 2384, adopting RCW 46.63.220, which limits the fines that a
municipality could levy for violations of school and park speed zones captured by automated
traffic safety cameras; and
WHEREAS, the current fines for violations of school and park speed zones using an
automated traffic safety camera listed in TMC 9.53.050 do not comply with the maximum
fines listed in RCW 46.63.220(16); and
WHEREAS, TMC Sections 9.53.010 and 9.53.020 reference state statutes repealed by
ESHB 2384 and replaced with RCW 46.63.210 and RCW 46.63.220, respectively; and
WHEREAS, the City desires to amend the fines listed in TMC Section 9.53.050 to be
consistent with RCW 46.23.220(16) as now enacted and hereafter amended, as well as
amend TMC 9.53.010 and 9.53.020 to be consistent with RCW 46.63.210 and RCW
46.63.220, respectively;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
2024 Legislation: TMC 9.53 amend fines
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Staff: E. Lund
Page 1 of 3
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Section 1. TMC Section 9.53.010 Amended. Ordinance Nos. 2612 §2 and 2696
§2, as codified at TMC Section 9.53.010, "Automated traffic safety cameras — Detection
of violations- Restrictions," subparagraph A, are 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 defined by RCW 46.63.210(3)RCW
'16.63.170(B)(ii)(A); 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.
Section 2. TMC Section 9.53.020 Amended. Ordinance No. 2612 §3, as codified
at TMC Section 9.53.020, "Notice of Infraction," subparagraph E, is hereby amended to
read as follows:
9.53.020 Notice of 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 46.63.220(11)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 3. TMC Section 9.53.050 Amended. Ordinance Nos. 2612 §6 and 2616 §1,
as codified at TMC Section 9.53.050 "Fines," are hereby amended to read as follows:
9.53.050 Fine
A. The fine for an infraction detected under the authority of this chapter shall be
as follows:no more than the fines established in RCW 46.63.220(16), as now enacted or
hereafter amended. 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
46.52.120. Additionally, the amount of the fine issued for an infraction generated through
the use of an automated traffic safety camera shall be $145, as adjusted for inflation by
the office of financial management every five years, beginning January 1, 2029, based
upon changes in the consumer price index during that time period, and is doubled to $290
for a school speed zone infraction generated through the use of an automated traffic
safety camera.
hour more than, the posted speed limit; and
2024 Legislation: TMC 9.53 amend fines
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Staff: E. Lund
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T$2n n�04er+ravelli u speeel-acT ast 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 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 numbering and
section/subsection numbering.
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 newspaper of the City and shall take effect and be in full force five (5) 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 , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
2024 Legislation: TMC 9.53 amend fines
Version: 8/29/24
Staff: E. Lund
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RCW 46.63.210 Definitions. The definitions in this section
apply throughout this section and RCW 46.63.220 through 46.63.260
unless the context clearly requires otherwise.
(1) "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 front or 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 as detected by a speed measuring device.
"Automated traffic safety camera" also includes a device used to
detect stopping at intersection or crosswalk violations; stopping when
traffic obstructed violations; public transportation only lane
violations; stopping or traveling in restricted lane violations; and
public transportation bus stop zone violations detected by a public
transportation vehicle -mounted system.
(2) "Hospital speed zone" means the marked area within hospital
property and extending 300 feet from the border of the hospital
property (a) consistent with hospital use; and (b) where signs are
posted to indicate the location is within a hospital speed zone, where
"hospital" has the same meaning as in RCW 70.41.020.
(3) "Public park speed zone" means the marked area within public
park property and extending 300 feet from the border of the public
park property (a) consistent with active park use; and (b) where signs
are posted to indicate the location is within a public park speed
zone.
(4) "Public transportation vehicle" means any motor vehicle,
streetcar, train, trolley vehicle, ferry boat, or any other device,
vessel, or vehicle that is owned or operated by a transit authority or
an entity providing service on behalf of a transit authority that is
used for the purpose of carrying passengers and that operates on
established routes. "Transit authority" has the same meaning as
provided in RCW 9.91.025.
(5) "Roadway work zone" means an area of any city roadway,
including state highways that are also classified as city streets
under chapter 47.24 RCW, or county road as defined in RCW 46.04.150,
with construction, maintenance, or utility work with a duration of 30
calendar days or more. A roadway work zone is identified by the
placement of temporary traffic control devices that may include signs,
channelizing devices, barriers, pavement markings, and/or work
vehicles with warning lights. A roadway work zone extends from the
first warning sign or high intensity rotating, flashing, oscillating,
or strobe lights on a vehicle to the end road work sign or the last
temporary traffic control device or vehicle.
(6) "School speed zone" has the same meaning as described in RCW
46.61.440 (1) and (2) .
(7) "School walk zone" means a roadway identified under RCW
28A.160.160 or roadways within a one -mile radius of a school that
students use to travel to school by foot, bicycle, or other means of
active transportation. [2024 c 307 s 1.]
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RCW 46.63.210 Page 1
RCW 46.63.220 Automated traffic safety cameras —City or county
may authorize use —Local legislative authority analysis —Traffic
ordinances Annual reports —Signage—Images Notice of infraction —
Compensation for equipment —Revenue. (1) Nothing in this section
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).
(2) Any city or county may authorize the use of automated traffic
safety cameras and must adopt an ordinance authorizing such use
through its local legislative authority.
(3) The local legislative authority must prepare an analysis of
the locations within the jurisdiction where automated traffic safety
cameras are proposed to be located before adding traffic safety
cameras to a new location or relocating any existing camera to a new
location within the jurisdiction. The analysis must include equity
considerations including the impact of the camera placement on
livability, accessibility, economics, education, and environmental
health when identifying where to locate an automated traffic safety
camera. The analysis must also show a demonstrated need for traffic
cameras based on one or more of the following in the vicinity of the
proposed camera location: Travel by vulnerable road users, evidence of
vehicles speeding, rates of collision, reports showing near
collisions, and anticipated or actual ineffectiveness or infeasibility
of other mitigation measures.
(4) Automated traffic safety cameras may not be used on an on -
ramp to a limited access facility as defined in RCW 47.52.010.
(5) A city may use automated traffic safety cameras to enforce
traffic ordinances in this section on state highways that are also
classified as city streets under chapter 47.24 RCW. A city government
must notify the department of transportation when it installs an
automated traffic safety camera to enforce traffic ordinances as
authorized in this subsection.
(6)(a) At a minimum, a local ordinance adopted pursuant to this
section must contain the restrictions described in this section and
provisions for public notice and signage. Cities and counties must
also post such restrictions and other automated traffic safety camera
policies on the city's or county's website. Cities and counties using
automated traffic safety cameras before July 24, 2005, are subject to
the restrictions described in this section, but are not required to
adopt an authorizing ordinance.
(b)(i) Cities and counties using automated traffic safety cameras
must post an annual report on the city's or county's website of the
number of traffic crashes that occurred at each location where an
automated traffic safety camera is located, as well as the number of
notices of infraction issued for each camera. Beginning January 1,
2026, the annual report must include the percentage of revenues
received from fines issued from automated traffic safety camera
infractions that were used to pay for the costs of the automated
traffic safety camera program and must describe the uses of revenues
that exceeded the costs of operation and administration of the
automated traffic safety camera program by the city or county.
(ii) The Washington traffic safety commission must provide an
annual report to the transportation committees of the legislature, and
post the report to its website for public access, beginning July 1,
2026, that includes aggregated information on the use of automated
traffic safety cameras in the state that includes an assessment of the
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impact of their use, information required in city and county annual
reports under (b)(i) of this subsection, and information on the number
of automated traffic safety cameras in use by type and location, with
an analysis of camera placement in the context of area demographics
and household incomes. To the extent practicable, the commission must
also provide in its annual report the number of traffic accidents,
speeding violations, single vehicle accidents, pedestrian accidents,
and driving under the influence violations that occurred at each
location where an automated traffic safety camera is located in the
five years before each camera's authorization and after each camera's
authorization. Cities and counties using automated traffic safety
cameras must provide the commission with the data it requests for the
report required under this subsection in a form and manner specified
by the commission.
(7) All locations where an automated traffic safety camera is
used on roadways or intersections must be clearly marked by placing
signs at least 30 days prior to activation of the camera in locations
that clearly indicate to a driver either that: (a) The driver is
within an area where automated traffic safety cameras are authorized;
or (b) the driver is entering an area where violations are enforced by
an automated traffic safety camera. The signs must be readily visible
to a driver approaching an automated traffic safety camera. Signs
placed in automated traffic safety camera locations after June 7,
2012, must follow the specifications and guidelines under the manual
of uniform traffic control devices for streets and highways as adopted
by the department of transportation under chapter 47.36 RCW. All
public transportation vehicles utilizing a vehicle -mounted system must
post a sign on the rear of the vehicle indicating to drivers that the
vehicle is equipped with an automated traffic safety camera to enforce
bus stop zone violations.
(8) Automated traffic safety cameras may only record images of
the vehicle and vehicle license plate and only while an infraction is
occurring. The image must not reveal the face of the driver or of
passengers in the vehicle. The primary purpose of camera placement is
to record images of the vehicle and vehicle license plate when an
infraction is occurring. Cities and counties must consider installing
automated traffic safety cameras in a manner that minimizes the impact
of camera flash on drivers.
(9) A notice of infraction must 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 subsection (17) of this section. The notice of infraction must
include with it a certificate or facsimile thereof, based upon
inspection of photographs, microphotographs, 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. 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. A person
receiving a notice of infraction based on evidence detected by an
automated traffic safety camera may respond to the notice by mail.
(10) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(d) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a
rental car business, satisfies the conditions under subsection (17) of
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RCW 46.63.220 Page 2
this section. If appropriate under the circumstances, a renter
identified under subsection (17)(a) of this section is responsible for
an infraction.
(11) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images, or any other personally
identifying data prepared under this section are for the exclusive use
of authorized city or county employees, as specified in RCW
46.63.030(1)(d), in the discharge of duties under this section and 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 section. No photograph, microphotograph, or
electronic image, or any other personally identifying data may be used
for any purpose other than enforcement of violations under this
section nor retained longer than necessary to enforce this section.
Transit authorities must provide to the appropriate local jurisdiction
that has authorized traffic safety camera use under RCW 46.63.260(2)
any images or evidence collected establishing that a violation of
stopping, standing, or parking in a bus stop zone has occurred for
infraction processing purposes consistent with this section.
(12) If a county or city has established an automated traffic
safety camera program as authorized under this section, the
compensation paid to the manufacturer or vendor of the equipment used
must be based only upon the value of the equipment and services
provided or rendered in support of the system and may not be based
upon a portion of the fine or civil penalty imposed or the revenue
generated by the equipment. If the contract between the city or county
and manufacturer or vendor of the equipment does not provide for
performance or quality control measures regarding camera images, the
city or county must perform a performance audit of the manufacturer or
vendor of the equipment every three years to review and ensure that
images produced from automated traffic safety cameras are sufficient
for evidentiary purposes as described in subsection (9) of this
section.
(13)(a) Except as provided in (d) of this subsection, a county or
a city may only use revenue generated by an automated traffic safety
camera program as authorized under this section for:
(i) Traffic safety activities related to construction and
preservation projects and maintenance and operations purposes
including, but not limited to, projects designed to implement the
complete streets approach as defined in RCW 47.04.010, changes in
physical infrastructure to reduce speeds through road design, and
changes to improve safety for active transportation users, including
improvements to access and safety for road users with mobility, sight,
or other disabilities; and
(ii) The cost to administer, install, operate, and maintain the
automated traffic safety cameras, including the cost of processing
infractions.
(b) Except as provided in (d) of this subsection:
(i) The automated traffic safety camera program revenue used by a
county or city with a population of 10,000 or more for purposes
described in (a)(i) of this subsection must include the use of revenue
in census tracts of the city or county that have household incomes in
the lowest quartile determined by the most currently available census
data and areas that experience rates of injury crashes that are above
average for the city or county. Funding contributed from traffic
safety program revenue must be, at a minimum, proportionate to the
share of the population of the county or city who are residents of
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RCW 46.63.220 Page 39
these low-income communities and communities experiencing high injury
crash rates. This share must be directed to investments that provide
direct and meaningful traffic safety benefits to these communities.
Revenue used to administer, install, operate, and maintain automated
traffic safety cameras, including the cost of processing infractions,
are excluded from determination of the proportionate share of revenues
under this subsection (13)(b); and
(ii) The automated traffic safety camera program revenue used by
a city or county with a population under 10,000 for traffic safety
activities under (a)(i) of this subsection must be informed by the
department of health's environmental health disparities map.
(c) Except as provided in (d) of this subsection, beginning four
years after an automated traffic safety camera authorized under this
section is initially placed and in use after June 6, 2024, 25 percent
of the noninterest money received for infractions issued by such
cameras in excess of the cost to administer, install, operate, and
maintain the cameras, including the cost of processing infractions,
must be deposited into the Cooper Jones active transportation safety
account created in RCW 46.68.480.
(d)(i)(A) Jurisdictions with an automated traffic safety camera
program in effect before January 1, 2024, may continue to allocate
revenue generated from automated traffic safety cameras authorized
under RCW 46.63.230 and 46.63.250(2)(c) as determined by the
jurisdiction, as well as for the purposes established in (a) through
(c) of this subsection, by:
(I) Up to a 10 percent increase in the number of traffic safety
camera locations authorized to detect violations for automated traffic
safety cameras authorized under RCW 46.63.230; and
(II) Up to a 10 percent increase in the number of traffic safety
camera locations authorized to detect violations for automated traffic
safety cameras authorized under RCW 46.63.250(2)(c).
(B)(I) Any automated traffic safety camera program in effect
before January 1, 2024, with fewer than 10 traffic safety camera
locations for automated traffic safety cameras authorized under RCW
46.63.230, which adds automated traffic safety cameras to one
additional location for the use of cameras authorized under RCW
46.63.230, may continue to allocate revenue generated from automated
traffic safety cameras authorized under RCW 46.63.230 as determined by
the jurisdiction, as well as for the purposes established in (a)
through (c) of this subsection.
(II) Any automated traffic safety camera program in effect before
January 1, 2024, with fewer than 10 traffic safety camera locations
for automated traffic safety cameras authorized under RCW
46.63.250(2)(c) as of January 1, 2024, which adds automated traffic
safety cameras to one additional location for the use of cameras
authorized under RCW 46.63.250(2)(c), may continue to allocate revenue
generated from automated traffic safety cameras authorized under RCW
46.63.250(2)(c) as determined by the jurisdiction, as well as for the
purposes established in (a) through (c) of this subsection.
(C) For the purposes of this subsection (13)(d)(i), a location
is:
(I) An intersection for automated traffic safety cameras
authorized under RCW 46.63.230 where cameras authorized under RCW
46.63.230 are in use; and
(II) A school speed zone for automated traffic safety cameras
authorized under RCW 46.63.250(2)(c) where cameras authorized under
RCW 46.63.250 (2) (c) are in use.
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RCW 46.63.220 Page 4
(ii) The revenue distribution requirements under (a) through
(d)(i) of this subsection do not apply to automated traffic safety
camera programs in effect before January 1, 2024, for which an
ordinance in effect as of January 1, 2024, directs the manner in which
revenue generated from automated traffic safety cameras authorized
under RCW 46.63.230 or 46.63.250(2)(c) must be used.
(14) A county or city may adopt the use of an online ability -to -
pay calculator to process and grant requests for reduced fines or
reduced civil penalties for automated traffic safety camera
violations.
(15) Except as provided in this subsection, registered owners of
vehicles who receive notices of infraction for automated traffic
safety camera -enforced infractions and are recipients of public
assistance under Title 74 RCW or participants in the Washington women,
infants, and children program, and who request reduced penalties for
infractions detected through the use of automated traffic safety
camera violations, must be granted reduced penalty amounts of 50
percent of what would otherwise be assessed for a first automated
traffic safety camera violation and for subsequent automated traffic
safety camera violations issued within 21 days of issuance of the
first automated traffic safety camera violation. Eligibility for
medicaid under RCW 74.09.510 is not a qualifying criterion under this
subsection. Registered owners of vehicles who receive notices of
infraction must be provided with information on their eligibility and
the opportunity to apply for a reduction in penalty amounts through
the mail or internet.
(16) 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 46.52.120. Additionally, infractions generated
by the use of automated traffic safety cameras under this section must
be processed in the same manner as parking infractions, including for
the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2).
The amount of the fine issued for an infraction generated through the
use of an automated traffic safety camera may not exceed $145, as
adjusted for inflation by the office of financial management every
five years, beginning January 1, 2029, based upon changes in the
consumer price index during that time period, but may be doubled for a
school speed zone infraction generated through the use of an automated
traffic safety camera.
(17) If the registered owner of the vehicle is a rental car
business, the issuing agency must, before a notice of infraction being
issued under this section, 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:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the
infraction occurred because the vehicle was stolen at the time of the
infraction. A statement provided under this subsection must be
accompanied by a copy of a filed police report regarding the vehicle
theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty. Timely mailing of this
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statement to the issuing agency relieves a rental car business of any
liability under this chapter for the notice of infraction. [2024 c
307 s 2 . ]
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RCW 46.63.220 Page 6