Chapter 46.84
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
46.84.030 Notice of infraction.
46.84.040 Prima facie presumption.
46.84.050 Processing of infractions.
46.84.060 Nonexclusive enforcement.
46.84.080 Compensation for services.
46.84.010 Definition.
For purposes of this chapter, “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 rear of a motor vehicle whenever a 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 to a school speed zone as detected by a speed measuring device. (Ord. 3106-08 § 1, 2008).
46.84.020 Authorized use.
A. City law enforcement officers and persons commissioned by the chief of police are authorized to use automated traffic safety cameras and related automated systems only to detect and record the image of:
1. Stoplight violations at the intersection of two arterials;
2. Railroad crossing violations; and
3. School speed zone violations.
B. Use of automated traffic safety 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.
C. Each location where an automated traffic safety camera is used shall be clearly marked by 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 traffic safety camera.
D. Notwithstanding any other provision of law, all photographs, microphotographs and 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)(f), 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. (Ord. 3106-08 § 2, 2008).
46.84.030 Notice of infraction.
A. A notice of infraction based on evidence detected through the use of an automated traffic safety camera shall be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter’s name and address under subsection (C)(1) of this section. The law enforcement officer issuing the 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. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.
B. The registered owner of a vehicle is responsible for a notice of infraction detected through use of an automated traffic safety camera unless the registered owner overcomes the presumption in Section 46.84.040, or, in the case of a rental car business, satisfies the conditions under subsection C of this section. If appropriate under the circumstances, a renter identified under subsection (C)(1) of this section is responsible for such an infraction.
C. If the registered owner of a vehicle responsible for a notice of infraction detected through use of an automated traffic safety 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 thirty days of receiving the written notice, provide to the Everett police department 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 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 Everett 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. 3106-08 § 3, 2008).
46.84.040 Prima facie presumption.
A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a stoplight violation, railroad crossing violation and/or school speed zone 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.
B. This presumption may be overcome only if the registered owner states, under oath, 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. 3106-08 § 4, 2008).
46.84.050 Processing of infractions.
Infractions detected through the use of automated traffic safety cameras are not part of the registered owner’s driving record and shall be processed in the same manner as parking infractions. (Ord. 3106-08 § 5, 2008).
46.84.060 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. 3106-08 § 6, 2008).
46.84.070 Fine.
A. The fine for infractions detected under authority of, and committed pursuant to, the provisions of this chapter shall be a base monetary penalty of one hundred twenty-four dollars. Whenever, in the future, the state of Washington increases the fine imposed under this chapter, by legislation or court rule, the city’s fine shall be increased to a like amount upon the effective date of such legislation or court rule, but in no event shall the penalty exceed the amount of any fine assessed for parking infractions within the city.
B. Revenue from fines assessed under authority of this chapter shall be used solely for traffic safety purposes or as otherwise provided by state law. For purposes of this section, the term “traffic safety purposes” may include, but is not limited to, the following:
1. Stoplight violations at the intersection of two arterials;
2. Personnel costs for employees or contractors who are involved in automated traffic safety camera planning and implementation, including professional services such as traffic engineering services;
3. Personnel costs for employees or contractors who are involved in automated traffic safety camera enforcement, court hearings, fine collection or other processing, including expert witness fees;
4. Costs associated with training of employees or contractors involved with the automated traffic safety camera program;
5. Purchase and/or maintenance of equipment, including signage, related to the automated traffic safety camera program;
6. Costs associated with traffic safety projects and activities unrelated to the automated traffic safety camera program. (Ord. 3106-08 § 7, 2008).
46.84.080 Compensation for services.
The compensation paid to the manufacturer or vendor of the automated traffic safety 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. 3106-08 § 8, 2008).