AN ORDINANCE relating to enforcement of traffic infractions and amending Seattle Municipal Code Section 11.31.090 and Seattle Municipal Code Subsection 11.31.120 C to provide that violations of Seattle Municipal Code Section 11.52.100 may be enforced through the use of evidence detected by an automated traffic safety camera and providing penalties for such violations.

WHEREAS, RCW 46.63.170 authorizes the use of automated traffic safety cameras for enforcement of traffic violations at two-arterial intersections, railroad crossings, and school speed zones; and

WHEREAS, the City Council has previously authorized automated traffic safety camera enforcement at two-arterial intersections for violations of Seattle Municipal Code Sections 11.50.140 and 11.50.150; and

WHEREAS, use of automated traffic safety cameras will enhance enforcement of speeding violations in school speed zones, thereby lowering speeds and decreasing the likelihood of pedestrian-traffic collisions and associated disabling injuries; and

WHEREAS, the City Council included funding in the 2008 Adopted Budget for implementation of a pilot project to test the use of automated traffic safety cameras for speed control in school zones; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Seattle Municipal Code Section 11.31.090 (added as a new section by Ordinance No. 121944, Section 3 and amended by Ordinance No. 122554) is amended as follows:

SMC 11.31.090 Traffic infractions detected through the use of an automated traffic safety camera.

A. A notice of infraction based on evidence detected through the use of an automated traffic safety camera must be mailed to the registered owner of the vehicle within fourteen (14) days of the violation, or to the renter of a vehicle within fourteen (14) days of establishing the renter's name and address under subsection C1 of this section. The peace officer issuing 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 of Section 11.50.140or, Section 11.50.150, or Section 11.52.100. 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.

B. A person receiving such a notice of infraction may respond to the notice by mail. The registered owner of a vehicle is responsible for such an infraction unless the registered owner overcomes the presumption in subsection E of this section, 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 C1 of this section is responsible for such an infraction.

C. If the registered owner of the vehicle is a rental car business, the peace officer 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 eighteen (18) days of receiving the written notice, provide to the peace officer 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 this statement to the peace officer relieves a rental car business of any liability under this chapter for the notice of infraction.

D. For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or speed measuring device, and a camera synchronized to automatically record one (1) or more sequenced photographs, microphotographs, or electronic images of the 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 in a school speed zone as detected by a speed measuring device.

E. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera, proof that the particular vehicle described in the notice of traffic infraction was in violation of Section 11.50.140or, Section 11.50.150 , or Section 11.52.100, 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. 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. (Laws of 2005, chapter 167, section 1 and RCW 46.63.075)

Section 2. Seattle Municipal Code Section 11.31.120 C (added as a new subsection by Ordinance No. 121944, Section 4 and amended by Ordinance No. 122554) is amended as follows:

SMC 11.31.120 Monetary penalties.

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C. A traffic infraction for violation of Section 11.50.140or , Section 11.50.150, or Section 11.52.100 detected through the use of an automated traffic safety camera shall be processed in the same manner as a parking infraction, with a monetary penalty equal to the total penalty, including the base penalty plus any statutory assessments authorized under state law, for similar violations of traffic control signals such Sections otherwise detected by a police officer.

Section 3. On or before September 1, 2009, the Executive will provide a report on the effectiveness of the use of automated traffic safety camera enforcement in school zones. If, based on the findings of this report, the City decides to continue the use of this enforcement mechanism, the Council intends to consider whether to designate the net revenues generated from such enforcement efforts for costs associated with making pedestrian improvements.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2008, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2008. _________________________________ President __________of the City Council

Approved by me this ____ day of _____________________, 2008. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2008. ____________________________________ City Clerk

6/17/2008 (Ver. 4) t