Chapter 10.45
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
10.45.010 Authorized use of automated traffic safety cameras and restrictions.
10.45.015 Signing and public notice.
10.45.020 Notice of infraction.
10.45.030 Adjudication of infraction – Procedures.
10.45.040 Violation – Presumption.
10.45.050 Infractions processed.
10.45.060 Nonexclusive enforcement.
10.45.070 Definition of automated traffic safety camera.
10.45.090 Authorization for use of electronic signatures.
10.45.001 Purpose.
The City recognizes the value of implementing an automated traffic enforcement program in furtherance of City goals of creating a safer environment for its citizens. Consistent with the council’s direction and intent in adopting the policy and procedures of the photo enforcement program, the department is hereby authorized to develop public rules and make minor changes to the policies and procedures of the photo enforcement program, in order to better implement photo enforcement and as needed to stay current with changing technology and methods. [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.010 Authorized use of automated traffic safety cameras and restrictions.
A. Pursuant to RCW 46.63.030(1)(d), law enforcement officers of the City of Kenmore, and persons commissioned by the police chief, and City employees from public works or transportation departments performing under the supervision of a qualified traffic engineer (defined collectively as the “City” in this chapter) have the authority to review infractions detected through the use of the automated traffic safety camera authorized by this chapter and to issue notices of infraction consistent with this chapter and RCW 46.63.220(9).
B. Pursuant to RCW 46.63.230 and 46.63.250, the City is authorized to use automated traffic safety cameras and related automated systems to detect one or more of the following:
1. Stoplight violations; and
2. Speed violations, including but not limited to school speed zone violations.
C. The use of automated traffic safety cameras is subject to the following:
1. Use of automated traffic safety cameras to detect stoplight violations is restricted to intersections of two or more 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.
2. Use of automated traffic safety cameras to detect speed violations is restricted to use in the following locations as defined in RCW 46.63.210, as may be amended:
a. Hospital speed zones;
b. Public park speed zones;
c. School speed zones;
d. School walk zones;
e. Roadway work zones, except that a notice of infraction may only be issued if an automated traffic safety camera captures a speed violation when workers are present; and
f. State highways within City limits that are classified as City streets under Chapter 47.24 RCW; provided, that the City notifies the Washington Department of Transportation when it installs said automated traffic safety cameras.
3. In addition to the automated traffic safety cameras that may be authorized for specified zones or roads in subsection (C)(2) of this section, the City of Kenmore is authorized to use one additional automated traffic safety camera per 10,000 population to detect speed violations in locations deemed by the city council to experience higher crash risks due to excessive vehicle speeds.
4. The City shall prepare an analysis of the locations 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 will include the following:
a. Equity considerations including the impact of the camera placement on livability, accessibility, economics, education, and environmental health; and
b. 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.
5. Notices of infraction for automated traffic safety camera-detected speed violations may not be issued to the registered vehicle owner of:
a. A marked fire engine equipped with emergency lights and siren; or
b. An ambulance licensed by the Department of Health and equipped with emergency lights and siren.
6. Automated traffic safety cameras may only record images of the vehicle and vehicle license plate and only while an infraction is occurring. The primary purpose of camera placement is to record images of the vehicle and vehicle license plate while an infraction is occurring. The image must not reveal the face of the driver or of passengers in the vehicle. The City must consider installing automated traffic safety cameras in a manner that minimizes the impact of camera flash on drivers. [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.015 Signing and public notice.
A. The City shall clearly mark all locations where automated safety cameras are in use by placing signs in locations that clearly indicate to a driver that the driver is entering an area where traffic laws are enforced by an automated traffic safety camera. The signs shall be readily visible to a driver approaching an automated traffic safety camera and shall clearly indicate to a driver either that: (1) the driver is within an area where automated traffic safety cameras are authorized; or (2) the driver is entering an area where violations are enforced by an automated traffic safety camera. Signs shall follow the specifications and guidelines under the Manual on Uniform Traffic Control Devices.
B. All locations where an automated traffic safety camera is used on roadways or intersections shall be clearly marked by placing signs at least 30 days prior to activation of the camera.
C. Whenever a new automatic traffic safety camera becomes active, for a period of 60 days after the camera initially becomes active, whenever any vehicle is photographed by that camera a warning shall be mailed to the registered owner of the vehicle and no notice of infraction will be issued.
D. Restrictions and policies regarding the City’s use of automated traffic safety cameras will be posted on the City’s website. An annual report will be posted on the City’s website which includes, at minimum:
1. The number of traffic crashes that occurred at each location where automated traffic safety cameras are active;
2. The number of notices of infraction issued for each camera;
3. 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
4. The use of revenues that exceeded the costs of operation and administration of the automated safety camera program.
E. Advance installation of photo enforcement signing, the initial warning period, and information related to the City’s automated traffic safety camera program posted on the City’s website will constitute the minimum public notice for automated traffic safety camera locations, though additional forms of public notice may also be given. [Ord. 24-0619 § 2 (Att. A).]
10.45.020 Notice of infraction.
A. Whenever any vehicle is photographed by an automatic 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 the vehicle within 14 days of establishing the renter’s name and address under subsection B of this section.
B. If the registered owner of the vehicle is a rental car business, the City 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 issuing 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 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
3. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the City relieves a rental car business of any liability under this chapter for the notice of infraction.
C. The notice of infraction shall 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.
D. All photographs, microphotographs, or electronic images, or any other personally identifying data 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), 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, or any other personally identifying data may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter. [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.030 Adjudication of infraction – Procedures.
A. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail or request a hearing. The King County district court shall adjudicate all requests for a hearing to mitigate or contest the notice of infraction.
B. 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. [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.040 Violation – Presumption.
A. Pursuant to RCW 46.63.075, in a traffic infraction case involving an infraction detected though the use of an automated traffic safety camera under this chapter and/or RCW 46.63.220 through 46.63.260, proof that the particular vehicle described in the notice of traffic infraction was in violation of this chapter and/or RCW 46.63.220 through 46.63.260, 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 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. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.050 Infractions processed.
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 chapter shall 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). [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.060 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)(a), (b), or (c). [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.070 Definition of automated traffic safety camera.
For the 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, 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 exceeds a speed limit as detected by a speed measuring device. [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.080 Penalties.
The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera may be adjusted for inflation every five years, beginning January 1, 2029, based upon changes in the consumer price index during that time period.
A. The penalty for stoplight infractions committed pursuant to the provisions of this chapter shall be as follows:
|
Beginning in Year |
Fine Amount |
|---|---|
|
2024 |
$100.00 |
|
2025 |
$110.00 |
|
2029 |
$135.00 |
B. The penalty for speed infractions committed pursuant to the provisions of this chapter shall be as follows:
|
Beginning in Year |
Speed of Violation |
Fine Amount |
|---|---|---|
|
2024 |
Exceeding the Regulatory Speed Limit 6+ MPH |
$100.00 |
|
2025 |
Exceeding the Regulatory Speed Limit 6+ MPH |
$110.00 |
|
2029 |
Exceeding the Regulatory Speed Limit 6+ MPH |
$135.00 |
C. The penalty for school speed zone infractions committed pursuant to the provisions of this chapter shall be as follows:
|
Beginning in Year |
Speed of Violation |
Fine Amount |
|---|---|---|
|
2024 |
Exceeding the School Zone Speed Limit by 6+ MPH |
$100.00 |
|
2025 |
Exceeding the School Zone Speed Limit by 6+ MPH |
$110.00 |
|
2029 |
Exceeding the School Zone Speed Limit by 6+ MPH |
$135.00 |
|
2024 |
Exceeding the Regulatory Speed Limit 6+ MPH |
$250.00 |
|
2025 |
Exceeding the Regulatory Speed Limit 6+ MPH |
$250.00 |
|
2029 |
Exceeding the Regulatory Speed Limit 6+ MPH |
$250.00 |
D. Fees and penalties for failure to respond shall follow the standard court schedule for infractions.
E. Pursuant to RCW 46.63.220(15), and 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 RCW Title 74 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. [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]
10.45.085 Use of revenue.
A. 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.
B. The City may only use revenue generated by an automated traffic safety camera program in a manner consistent with state law. [Ord. 24-0619 § 2 (Att. A).]
10.45.090 Authorization for use of electronic signatures.
In connection with the traffic safety camera program, the police chief, or his or her designee, is authorized to utilize electronic signatures in accordance with the provisions of Kenmore Resolution No. 20-351, and the Uniform Electronic Transactions Act. [Ord. 24-0619 § 2 (Att. A); Ord. 22-0542 § 2 (Att. A).]