HomeMy WebLinkAboutOrd 2736 - TMC Chapter 9.53 "Automated Traffic Safety Cameras" Amendment\Alas
Ordinance N
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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 ("TMIC")
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 CESHB"), 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 95,3.050 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WHEREAS, TMC Sections 9,53.010 and 9..53.020 reference state statutes repealed by
FSHB 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 9.53050 to be
consistent with RCW 46.23.220(16) as now enacted and hereafter amended, as well as
amend TMC 9.53.010 and 953.020 to be consistent with RCW 46.63,210 and RCW
46,63,220, respectively;
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
2024 Legisdation: TMC 9,53 amend! fines
Version 8/29/24
Staff E. Lund
Page I of 3
Section 11. 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 pubfic park speed zones, as defined by RCVV 46,63,210(3); 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), 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
no more than the fines established in RCW 46.63.220(16), as now enacted or hereafter
amensed. Infractions detected through the use of automated traffic safety cameras are
not part of the registered owner's driving record under RCW 4d52 101 and 46 52_ 1"20.
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,
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,
2024 Le0afion: TMC 9,53 amend fines
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Stai, E. Lund
Page 2 of 3
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 heed 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 fuH force five (5) days
after passage and publication as provided by law.
PASSED Y THE CITY COUNCIL OF THE CITY OF TUKVVILA, VVASHiNGTON, at
a Regular Meeting thereof this day of 2024..
ATTEST/AUTHENTICATED:
1th1/22"
Andy Youn, City Clerk
APPROVED AS TO FORM BY.
•• ,.,,,„„.„--„,,„,„„.—„„.„ • ••
Office of the City Attorney
2024 Legisfartion: IMC 9,53 arnend fines
Version 3/29/24
Staff E. Lund
Th mas McLeod,
Filed with the City Clerk: o41.
Passed by the City Council: 09 tif
Published: 011 '2-0
Effective Date: 0'1 1"14, 12o aj,f,
Ordinance Number: c;:l7t, 3 Qp
rage 3 of 3
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2734 - 2736.
On September 16, 2024, the City Council of the City of Tukwila, Washington, adopted
the following ordinances, the main points of which are summarized by title as follows:
Ordinance 2734: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 TO UPDATE THE FIRE
IMPACT FEE SCHEDULE AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER
16.26 AS FIGURE 16-1, "FEE SCHEDULE"; REPEALING ORDINANCE NO. 2708;
PROVIDING FOR SERVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2735: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 TO UPDATE THE
PARKS IMPACT FEE SCHEDULE AS CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTER 16.28 AS FIGURE 16-1, "FEE SCHEDULE"; REPEALING ORDINANCE NO.
2709; PROVIDING FOR SERVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2736: 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.
The full text of these ordinances will be provided upon request.
Andy Youn, Records Governance Manager/City Clerk
Published Seattle Times: September 19, 2024