CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the City's traffic code; amending various sections and subsections in Chapters 11.14, 11.22, 11.31, 11.32, 11.50, 11.54, 11.56, 11.58, 11.59 and 11.84 of the Seattle Municipal Code to conform with changes in state law.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 11.14.183 of the Seattle Municipal Code is amended as follows:

11.14.183 Drug.

"Drug" means and includes, but is not limited to, those drugs and substances regulated by RCW Chapters 69.41 and 69.50 and any chemical inhaled or ingested for its intoxicating or hallucinatory effects . (RCW 46.61.540)

Section 2. Section 11.14.200 of the Seattle Municipal Code is amended as follows:

11.14.200 Farm vehicle.

"Farm vehicle" means any vehicle other than a farm tractor or farm implement which is designed and/or used primarily in agricultural pursuits on farms for the purpose of transporting machinery, equipment, implements, farm products, supplies and/or farm labor thereon and is only incidentally operated on or moved along public highways for the purpose of going from one farm to another or, for purposes of determining the requirement for a commercial driver's license under RCW 46.25.050, is used to transport agricultural products, farm machinery, farm supplies or any combination of these materials to or from a farm . (RCW 46.04.181)

Section 3. Section 11.22.080 of the Seattle Municipal Code is amended as follows:

11.22.080 Vehicle license plates displayed.

A. Display requirements. No person shall operate any vehicle on any street or alley unless a valid license plate or plates are attached thereon as required by RCW 46.16A.200. The vehicle license plates shall be attached conspicuously at the front and rear of each vehicle for which the same are issued but if only one (1) license plate is legally issued for any vehicle such plate shall be conspicuously attached to the rear of such vehicle. Each vehicle license plate shall be placed or hung in a horizontal position at a distance of not more than four (4) feet from the ground and shall be kept clean so as to be plainly seen and read at all times; this requirement shall not apply in cases where the Washington state patrol has granted permission to deviate therefrom, as provided in RCW 46.16A.200.

B. Unlawful acts. No person shall:

1. display a license plate or plates on the front or rear of any vehicle that were not issued by Washington Department of Licensing for the vehicle;

2. display a license plate or plates on any vehicle that have been changed, altered, or disfigured, or have become illegible;

3. use holders, frames, or other materials that change, alter, or make a license plate or plates illegible. License plate frames may be used on license plates only if the frames do not obscure license tabs or identifying letters or numbers on the plates and the license plates can be plainly seen and read at all times;

4. operate a vehicle unless a valid license plate or plates are attached as required under this section;

5. transfer a license plate or plates issued under RCW Chapter 46.16A between two (2) or more vehicles without first making application to transfer the license plates. A violation of this subsection (B)(5) is a traffic infraction subject to a fine not to exceed five hundred dollars ($500); or

6. fail, neglect, or refuse to endorse the registration certificate and deliver the license plate or plates to the purchaser or transferee of the vehicle, except as authorized under this section. (RCW 46.16A.200)

Section 4. Subsection A of Section 11.31.020 of the Seattle Municipal Code is amended as follows:

11.31.020 Notice of traffic infraction -Issuance.

A. A peace officer has the authority to issue a notice of traffic infraction:

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3. when a violation of SMC 11.50.140, SMC 11.50.150, SMC 11.52.040 or SMC 11.52.100 is detected through the use of an automated traffic safety camera as authorized pursuant to RCW 46.63.170 and Section 11.50.560 (( 43.63.170 )).

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Section 5. Section 11.31.050 of the Seattle Municipal Code is amended as follows:

11.31.050 Response to notice of traffic infraction -Contesting determination -Hearing -Failure to appear.

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C. If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the Municipal Court of Seattle. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven (7) (( fifteen (15) )) days from the date of the notice, except by agreement.

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E. In any hearing conducted pursuant to subsections C or D of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one (1) year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction. A person may not receive more than one (1) deferral within a seven (7) year period for traffic infractions for moving violations and more than one (1) deferral within a seven (7) year period for traffic infractions for nonmoving violations. A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.

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Section 6. Subsection D of Section 11.31.090 of the Seattle Municipal Code is amended as follows:

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

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D. The term "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 system or 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 fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal or exceeds a speed limit in a school speed zone as detected by a speed measuring device. Until June 30, 2013, an automated traffic safety camera includes a camera used to detect speed violations for purposes of Washington Laws of 2011, chapter 367, section 201(2).

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Section 7. Subsection C of Section 11.31.120 of the Seattle Municipal Code is amended as follows:

11.31.120 Monetary penalties.

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C. A traffic infraction for violation of Section 11.50.140, Section 11.50.150, Section 11.52.040, 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 violations of such Sections otherwise detected by a police officer. However, the monetary penalty for a violation of Section 11.50.140 or Section 11.50.150 detected through the use of an automated traffic safety camera shall not exceed the monetary penalty for a violation of Section 11.50.380 as provided under subsection A of this Section, including all applicable statutory assessments.

Section 8. Section 11.32.020 of the Seattle Municipal Code is amended as follows:

11.32.020 Service of citation.

Whenever any person is charged with any violation of this subtitle, other than a traffic infraction , the officer may serve upon him or her a (( complaint and )) traffic citation and notice to appear in court . Such (( complaint and )) citation and notice shall be handled and disposed of as set forth in RCW 46.64.010 and also shall conform with the requirements of RCW 46.64.010 and be in the form prescribed in RCW 46.64.015. (( The person, in order to secure release, and when permitted by the officer, must give his written promise to appear as required by the citation by signing in the appropriate place the written complaint and citation. If the person fails or refuses to sign such written promise, he may be taken into custody of the officer and so remain or be placed in confinement. )) (RCW 46.64.010, 46.64.015)

Section 9. A new section is added to Seattle Municipal Code Chapter 11.50 as follows:

11.50.130 Steady yellow signal -Duration.

The duration of a yellow change interval at any traffic control signal must be at least as long as the minimum yellow change interval identified in the manual of uniform traffic control devices for streets and highways as adopted by the Washington Department of Transportation under RCW Chapter 47.36.

Section 10. A new section is added to Seattle Municipal Code Chapter 11.50 as follows:

11.50.560 Automated traffic safety cameras.

A. Automated traffic safety cameras may be used to detect one (1) or more of the following: stoplight, railroad crossing or school speed zone violations. Use of automated traffic safety cameras is restricted to the following locations only:

1. Intersections of two (2) arterials with traffic control signals that have yellow change interval durations in accordance with Section 11.50.130, which interval may not be reduced after placement of the cameras;

2. Railroad crossings; and

3. School speed zones.

B. Until June 30, 2013, automated traffic safety cameras may be used to detect speed violations for the purposes of Washington Laws of 2011, chapter 367, section 201(2).

C. Before adding additional automated traffic safety cameras or relocating any existing camera, the City Council must prepare an analysis of the locations within the City where automated traffic safety cameras are proposed to be located. Beginning June 7, 2013, an annual report must be posted on the City's website of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located as well as the number of notices of infraction issued for each camaera and any other relevant information deemed appropriate.

D. Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to take pictures of the vehicle and vehicle license plate when an infraction is occurring. Cameras should be installed in a manner that minimizes the impact of camera flash on drivers.

E. Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and 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 section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.

F. All locations where an automated traffic safety camera is used must be clearly marked at least thirty (30) days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012 must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the Washington Department of Transportation under RCW Chapter 47.36.

G. The compensation paid to the manufacturer or vendor of automated traffic safety camera 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.

Section 11. Section 11.54.150 of the Seattle Municipal Code is amended as follows:

11.54.150 Limited access facilities -Penalties.

Any person convicted of a violation of any of the provisions of Sections 11.54.020 through 11.54.120 (( 11.54.140 )) of this subtitle shall be punished by a fine of not less than Five Dollars ($5) nor more than One Hundred Dollars ($100), or by imprisonment for not less than five (5) days nor more than ninety (90) days, or by both such fine and imprisonment. (RCW 47.52.120)

Section 12. Section 11.56.025 of the Seattle Municipal Code is amended as follows:

11.56.025 Penalty for persons under the influence of intoxicating liquor or any drug.

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B. 1. A person who is convicted of a violation of Subsection 11.56.020 A or B who has one (1) prior offense within seven (7) years and whose alcohol concentration was less than 0.15, or for any reason other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration, shall be punished by imprisonment for not less than thirty (30) consecutive days nor more than three hundred sixty-four (364) days, sixty (60) days of electronic home monitoring, and a fine of not less than Five Hundred Dollars ($500) nor more than Five Thousand Dollars ($5,000). In lieu of the mandatory minimum term of sixty (60) days of electronic home monitoring, the court may order at least an additional four (4) days in jail.

2. A person who is convicted of a violation of Subsection 11.56.020 A or B who has one (1) prior offense within seven (7) years and whose alcohol concentration was 0.15 or more, or who refused to take a test offered pursuant to RCW 46.20.308, shall be punished by imprisonment for not less than forty-five (45) consecutive days nor more than three hundred sixty-four (364) days, ninety (90) days of electronic home monitoring, and a fine of not less than Seven Hundred Fifty Dollars ($750) nor more than Five Thousand Dollars ($5,000). In lieu of the mandatory minimum term of ninety (90) days of electronic home monitoring, the court may order at least an additional six (6) days in jail.

C. 1. A person who is convicted of a violation of Subsection 11.56.020 A or B who has two (2) or more prior offenses within seven (7) years and whose alcohol concentration was less than 0.15, or for any reason other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration, shall be punished by imprisonment for not less than ninety (90) consecutive days nor more than three hundred sixty-four (364) days, one hundred twenty (120) days of electronic home monitoring, and a fine of not less than One Thousand Dollars ($1,000) nor more than Five Thousand Dollars ($5,000). In lieu of the mandatory minimum term of one hundred twenty (120) days of electronic home monitoring, the court may order at least an additional eight (8) days in jail.

2. A person who is convicted of a violation of Subsection 11.56.020 A or B who has two (2) or more prior offenses within seven (7) years and whose alcohol concentration was 0.15 or more, or who refused to take a test offered pursuant to RCW 46.20.308, shall be punished by imprisonment for not less than one hundred twenty (120) consecutive days nor more than three hundred sixtyfour (364) days, one hundred fifty (150) days of electronic home monitoring, and a fine of not less than One Thousand Five Hundred Dollars ($1,500) nor more than Five Thousand Dollars ($5,000). In lieu of the mandatory minimum term of one hundred fifty (150) days of electronic home monitoring, the court may order at least an additional ten (10) days in jail.

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E. If a person convicted of a violation of Subsection 11.56.020 A or B committed the offense while a passenger under the age of sixteen (16) years was in the vehicle, the court shall :

1. order the use of an ignition interlock or other device under RCW 46.20.720 (( for not less than sixty (60) days following restoration of the person's license, permit or nonresident driving privilege or, in the case of a person for whom use of such a device is already required under RCW 46.20.720, order the use of such a device )) for an additional six (6) months (( sixty (60) days )) ;

2. in any case in which the person has no prior offenses within seven (7) years, order a penalty by a fine of not less than One Thousand Dollars ($1,000) and not more than Five Thousand Dollars ($5,000). One Thousand Dollars ($1,000) of the fine may not be suspended or deferred unless the court finds the person to be indigent;

3. in any case in which the person has one (1) prior offense within seven (7) years, order a penalty by a fine of not less than Two Thousand Dollars ($2,000) and not more than Five Thousand Dollars ($5,000). One Thousand Dollars ($1,000) of the fine may not be suspended or deferred unless the court finds the person to be indigent;

4. in any case in which the person has two (2) or more prior offenses within seven (7) years, order a penalty by a fine of not less than Three Thousand Dollars ($3,000) and not more than Ten Thousand Dollars ($10,000). One Thousand Dollars ($1,000) of the fine may not be suspended or deferred unless the court finds the person to be indigent .

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L. The court shall require any person convicted of an alcohol-related violation of Subsection 11.56.020 A or B to comply with the rules and requirements of (( apply for an ignition interlock driver's license from )) the Washington Department of Licensing regarding the installation and use of (( and to have )) a functioning ignition interlock device installed on all motor vehicles operated by the person. (( The installation of an ignition interlock device is not necessary on vehicles owned, leased or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer and driven at the direction of a person's employer as a requirement of employment during working hours. An ignition interlock device imposed under this section shall be calibrated to prevent a motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more. The court may waive the requirement that a person apply for an ignition interlock driver's license if the court makes a specific finding in writing that the person lives out-of-state and the devices are not reasonably available in the person's local area, that the person does not operate a vehicle, or that the person is not eligible to receive an ignition interlock driver's license under RCW 46.20.385 because the person is not a resident of Washington, is a habitual traffic offender, has already applied for or is already in possession of an ignition interlock driver's license, has never had a driver's license, has been certified under RCW Chapter 74.20A as noncompliant with a child support order or is subject to any other condition or circumstance that makes the person ineligible to obtain an ignition interlock driver's license. If a court finds that a person is not eligible to receive an ignition interlock driver's license under this section, the court is not required to make any further subsequent inquiry or determination as to the person's eligibility. )) If the court orders that a person refrain from consuming any alcohol (( and requires the person to apply for an ignition interlock driver's license and the person states that he or she does not operate a motor vehicle or the person is ineligible to obtain an ignition interlock driver's license )), the court may (( shall )) order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person's system. (( Alcohol monitoring ordered under this subsection must be for the period of the mandatory license suspension or revocation. )) The person shall pay for the cost of the monitoring , unless the court specifies that the cost of monitoring will be paid with funds that are available from an alternative source identified by the court . (( The period of time for which ignition interlock use or alcohol monitoring is required will be as follows: (i) For a person who has not previously been restricted under this subsection, a period of one (1) year; (ii) For a person who has previously been restricted under subsection L(i), a period of five (5) years; (iii) For a person who has previously been restricted under subsection L(ii), a period of ten (10) years. ))

Section 13. Section 11.58.005 of the Seattle Municipal Code is amended as follows:

11.58.005 Operating motor vehicle in a negligent manner -Penalty.

A. 1. A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects .

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C. For the purposes of this section:

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4. "Exhibiting the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects" means that a person by speech, manner, appearance, behavior or lack of coordination or otherwise exhibits that he or she has inhaled or ingested a chemical and either:

a. Is in possession of the canister or container from which the chemical came; or

b. Is shown by other evidence to have recently inhaled or ingested a chemical for its intoxicating or hallucinatory effects.

5. "Illegal drug" means a controlled substance under RCW 69.50 for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under RCW Chapter 69.41 for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.

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Section 14. Subsection C of Section 11.59.090 of the Seattle Municipal Code is amended as follows:

11.59.090 Duty to obey peace officer -Traffic infraction -Authority to detain and check for warrants.

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C. Any person requested to identify himself or herself to a peace officer pursuant to an investigation of a traffic infraction has a duty to identify himself or herself and (( , )) give his or her current address (( , and sign an acknowledgement of receipt of the notice of infraction )). (RCW 46.61.021)

Section 15. Subsection A of Section 11.84.200 of the Seattle Municipal Code is amended as follows:

11.84.200 Tire cleats and chains.

A. No tire on a vehicle moved on a street or alley shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery equipped with pneumatic tires or solid rubber tracks having protuberances which will not injure the street and except also that it shall be permissible to use tire chains , alternate traction devices or metal studs imbedded within the tire of reasonable proportions and of a type conforming to rules adopted by the State Patrol upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid: Provided, that it shall be unlawful to use metal studs imbedded within the tire between April 1st and November 1st, except that a vehicle may be equipped year-round with tires that have retractable studs if the studs retract pneumatically or mechanically to below the wear bar of the tire when not in use and are engaged only between November 1st and April 1st: Provided further, that the use of tires with metal studs imbedded therein shall be lawful during additional periods when the State Department of Transportation so determines.

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Section 16. 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 Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Richard Greene LAW 2012 Traffic ORD July 11, 2012 Version # 2