Chapter 10.40
AUTOMATED RED LIGHT RUNNING ENFORCEMENT
Sections
10.40.030 Notice of infraction.
10.40.040 Prima facie presumption.
10.40.050 Processing of infractions.
10.40.060 Nonexclusive enforcement.
10.40.080 Compensation for services.
10.40.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrase defined in this section shall have the indicated meaning.
“Automated red light running enforcement camera” means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle whenever a vehicle fails to stop when facing a steady red traffic control signal. [Ord. 1647 § 1(1), 2016.]
10.40.020 Authorized use.
(1) Consistent with the authority granted in chapter 46.63 RCW, City law enforcement officers and persons commissioned by the Chief of Police are authorized to use automated red light running enforcement cameras and related automated systems only to detect and record the image of red light running violations.
(2) Use of automated red light running enforcement cameras is restricted to intersections of two arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022, which interval durations may not be reduced after placement of the camera.
(3) Use of automated red light running enforcement cameras is limited to taking pictures of the vehicle and vehicle license plate only, and only while an infraction is occurring. Pictures may not reveal the face of the driver or of passengers in the vehicle.
(4) Each location where an automated red light running enforcement camera is used shall be clearly identified by the City traffic engineer with the posting of signage placed in a manner that clearly indicates to a driver that the driver is entering a zone where traffic laws are enforced by an automated camera.
(5) Notwithstanding any other provision of law, all photographs, microphotographs and electronic images prepared under this chapter and as provided in Section 2, Chapter 307, Laws of 2024 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 may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. [Ord. 1794 § 3, 2024; Ord. 1647 § 1(2), 2016.]
10.40.030 Notice of infraction.
(1) A notice of infraction based on evidence detected through the use of an automated red light running enforcement camera 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 under subsection (3)(a) of this section. A law enforcement officer shall authorize the issuance of the notice of infraction, which 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. A person receiving a notice of infraction based on evidence detected by an automated red light running enforcement camera may respond to the notice by mail.
(2) The registered owner of a vehicle is responsible for a notice of infraction detected through use of an automated red light running enforcement camera unless the registered owner overcomes the presumption stated in this chapter, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for such an infraction.
(3) If the registered owner of a vehicle responsible for a notice of infraction detected through use of an automated red light running enforcement camera is a rental car business, the Chief of Police or his designee shall, before such 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 Des Moines Police Department 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.
Timely mailing of this statement to the Des Moines Police Department relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. [Ord. 1647 § 1(3), 2016.]
10.40.040 Prima facie presumption.
(1) In a traffic infraction case involving an infraction detected through the use of an automated red light running enforcement camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in red light running 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 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.
(2) This presumption may be overcome only if the registered owner states under oath, 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. [Ord. 1647 § 1(4), 2016.]
10.40.050 Processing of infractions.
Infractions detected through the use of automated red light running enforcement cameras are not part of the registered owner’s driving record and shall be processed in the same manner as parking infractions. [Ord. 1647 § 1(5), 2016.]
10.40.060 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) as now in effect or hereinafter amended. [Ord. 1647 § 1(6), 2016.]
10.40.070 Penalty.
(1) The maximum penalty for infractions detected under authority of, and committed pursuant to, the provisions of this chapter shall not exceed $145.00.
(2) Revenue from fines assessed under authority of this chapter detected at camera locations in use prior to the effective date of the ordinance codified in this chapter shall be used solely for public safety purposes or as otherwise provided by State law. For purposes of this section, the term “public safety purposes” may include, but is not limited to, the following:
(a) Personnel costs for employees or contractors who are involved in automated red light running enforcement planning and implementation, including professional services such as traffic engineering services;
(b) Personnel costs for employees or contractors who are involved in automated red light running enforcement, court hearings, fine collection or other processing, including expert witness fees, and/or technology enhancements to efficiently support program administration;
(c) Costs associated with training of employees or contractors involved with the automated red light running enforcement program;
(d) Purchase and/or maintenance of equipment, including signage, related to the automated red light running enforcement program;
(e) Costs associated with public safety including general fund expenditures for police services unrelated to the automated red light running enforcement program;
(f) Costs associated with intersection safety projects in the transportation capital fund, unrelated to the automated red light running enforcement program;
(g) The purposes established in subsection (3)(a) of this section.
(3) Except as provided in subsection (2) of this section, revenue from fines assessed under authority of this chapter shall be used solely for:
(a) Subject to the requirements of Section 2, Chapter 307, Laws of 2024, 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.
(b) The cost to administer, install, operate, and maintain the automatic traffic safety cameras, including the cost of the infractions.
(4) Beginning four years after an automatic traffic safety camera authorized under this chapter is initially placed and in use after the effective date of the ordinance codified in this chapter, when required by Section 2, Chapter 307, Laws of 2024, 25 percent of the noninterest money received for infractions issued under this chapter for exceeding the speed limit in excess of the cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions, shall be deposited in the Cooper Jones active transportation safety account created in RCW 46.68.480. [Ord. 1794 § 4, 2024; Ord. 1647 § 1(7), 2016.]
10.40.080 Compensation for services.
The compensation paid to the manufacturer or vendor of the automated red light running enforcement camera equipment used shall be based only upon the value of the equipment and services provided or rendered in support of the system, and shall not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. [Ord. 1647 § 1(8), 2016.]