The city recognizes the value in automated traffic enforcement to enhance roadway safety and create a safer community.
(Ord. 2092 § 1, 2024)
A.
For the purposes of this chapter, "automated traffic safety camera" means a device that uses a sensor installed to work in conjunction with 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 as detected by a speed measuring device.
B. "Public park speed zone"
means the marked area within public park property and extending 300 feet from the border of the public park property consistent with active park use and where signs are posted to indicate the location is within a public park speed zone.
C. "School speed zone"
has the same meaning as described in RCW 46.61.440(1) and (2).
D. "School walk zone"
means a roadway identified under RCW 28A.160.160 or roadways within a one-mile radius of a school that students use to travel to school by foot, bicycle, or other means of active transportation.
(Ord. 2092 § 1, 2024; Ord. 2112 § 3, 2025)
A.
Consistent with the authority granted in Chapter 46.63 RCW, law enforcement officers of the city have the authority to issue a notice of traffic infraction.
B.
The use of automated traffic safety cameras is subject to the following restrictions:
1.
Use of traffic safety cameras is restricted to school speed zones, school walk zones, and public park speed zones only; and
2.
Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. Pictures taken by automated traffic safety cameras may not reveal the face of the driver or of the passengers in the vehicle. Cameras will be installed to minimize the impact of camera flash on drivers.
C.
Each location where an automated traffic safety camera is used shall be clearly identified by the city traffic engineer with the posting of signage, at least 30 days prior to activation of the camera, 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.
D.
Prior to placing a new camera, or relocating any existing camera, the city council shall prepare an analysis of the location regarding equity considerations, including the impact of the camera placement on livability, accessibility, economics, education and environmental health. The analysis must also show a demonstrated need for traffic cameras based on one or more of the following in the vicinity of the road camera:
E.
Notwithstanding any other provision of law, all photographs, microphotographs and electronic images prepared under this chapter and as provided in RCW 46.63.220 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. 2092 § 1, 2024; Ord. 2112 § 4, 2025)
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 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 C of this section. The notice of infraction must 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 is prima facie evidence of the facts contained in it and is 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 of infraction by mail.
B.
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 stated in this chapter, 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 the vehicle is a rental car business, the police department 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 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; or
3.
In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
Timely mailing of either statement to the police department relieves a rental car business of any liability under this chapter for the notice of infraction.
(Ord. 2092 § 1, 2024)
A.
In a traffic infraction case involving an infraction detected through the use of an automated speed enforcement camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a school speed zone violation, a school walk zone violation, or a violation of the speed limit committed in a public park speed zone, 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. 2092 § 1, 2024; Ord. 2112 § 5, 2025)
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.
(Ord. 2092 § 1, 2024)
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.
(Ord. 2092 § 1, 2024)
A.
The maximum penalty for infractions detected through the use of an automated traffic safety camera within school walk zones or public park speed zones shall be as follows:
B.
Revenue from fines assessed under authority of this chapter shall be used solely for:
1.
Subject to the requirements of RCW 46.63.220, 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; and
2.
The cost to administer, install, operate, and maintain the automated traffic safety cameras including the cost of processing infractions.
C.
Revenue from fines assessed under authority of this chapter shall not be diverted to non-traffic safety purposes.
D.
Beginning four years after an automated traffic safety camera authorized under this chapter is initially placed and in use after the effective date of the ordinance codified in this chapter, 25 percent of the noninterest money received for infractions issued under this chapter 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 into the Cooper Jones active transportation safety account created in RCW 46.68.480.
E.
Registered owners of vehicles who receive notices of infraction under this chapter and who are recipients of public assistance under Title 74 RCW or participants in the Washington Women, Infants, and Children (WIC) Nutrition Program, upon request to the city, shall receive 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. The city shall provide information to registered owners of vehicles on their eligibility and the opportunity to apply for a reduction in penalty amounts through the mail or internet.
(Ord. 2092 § 1, 2024; Ord. 2112 § 6, 2025)
A.
The compensation paid to the manufacturer or vendor of the automated speed 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 infractions detected through the use of automated traffic safety cameras.
B.
Unless otherwise included in the vendor contract, the city will perform a performance audit of the vendor of the equipment every one year to ensure images produced from the automated traffic safety cameras are sufficient for evidentiary purposes as described in this chapter.
(Ord. 2092 § 1, 2024)
A.
The city shall post an annual report on the city's website that includes the number of traffic accidents occurring at a location where automated traffic safety cameras are located, as well as the number of infractions issued by each camera.
B.
Beginning January 1, 2026, the annual report shall include the 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 shall describe the uses of revenues that exceeded the costs of operation and administration of the automated traffic safety camera program implemented under this chapter.
(Ord. 2092 § 1, 2024)