Chapter 16.08
Automated Traffic Safety Cameras
Sections:
16.08.010 Automated traffic safety cameras--Authority--Restrictions.
16.08.020 Notice of infraction.
16.08.030 Prima facie presumption.
16.08.040 Infractions processed.
16.08.060 Nonexclusive enforcement.
16.08.010 Automated traffic safety cameras--Authority--Restrictions.
(a) Law enforcement officers of the City of DuPont and persons commissioned by the DuPont Police Chief are authorized to use automated traffic safety cameras and related automated systems to detect one or more of the following:
(1) Stoplight violations; and
(2) School speed zone violations.
(b) Use of traffic safety cameras is restricted to intersection of two or more arterial roadways, and school speed zones.
(c) 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.
(d) Each location where an automated traffic safety camera is used shall be clearly marked by signs placed in locations that clearly indicate to a driver that the driver is entering a zone where traffic laws are enforced by an automated traffic safety camera.
(e) For the purpose of this chapter “automated traffic safety camera” shall mean a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic 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 rear of a motor vehicle at the time the vehicle exceeds a speed limit in a school zone as detected by a speed measuring device. (Ord. 22-1111 § 1).
16.08.020 Notice of infraction.
(a) Whenever any vehicle is photographed by an automated traffic safety camera, a notice of infraction 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.
(b) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before 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 agency by return mail:
(1) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(2) A statement under oath that the business is unable to determine who was driving or renting the vehicle when the infraction occurred; or
(3) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the agency shall relieve the rental car business of any liability under this chapter for the infraction.
(c) The law enforcement officer issuing a notice of infraction 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.
(d) The registered owner of a vehicle is responsible for an infraction detected through the use of an automated traffic safety camera unless the registered owner overcomes the presumption set forth in DMC 16.08.030, or, in the case of a rental car business, satisfies the conditions under subsection (b) of this section.
(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 46.63.170(1)(g), or as later amended, 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.
(f) A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. The person receiving the infraction may also request a hearing. (Ord. 22-1111 § 1).
16.08.030 Prima facie presumption.
(a) In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such identified traffic infraction, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes 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.
(b) This presumption may be overcome only if the registered owner, under oath, states in a written statement to the court or 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. 22-1111 § 1).
16.08.040 Infractions processed.
Infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions. 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 or as later amended. (Ord. 22-1111 § 1).
16.08.050 Penalty.
(a) The fine for stoplight infractions detected pursuant to the provisions and authority of this chapter shall be the same as the total penalty for violating RCW 46.61.050, as provided under RCW 46.63.110, or as later amended.
(b) The fine for a school speed zone infraction pursuant to the provisions and authority of this chapter shall be same as the total penalty for violating RCW 46.61.440 or as later amended.
(c) 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. (Ord. 22-1111 § 1).
16.08.060 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 pursuant to RCW 46.63.030 or as later amended. (Ord. 22-1111 § 1).