CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to automated traffic safety cameras; establishing additional uses for automated traffic safety cameras to increase safety; authorizing qualified civilian employees to review violations detected by traffic cameras; updating finance and fund policies related to the use of camera revenues; amending Ordinance 124230; amending Sections 5.82.010, 11.31.020, 11.31.090, 11.31.121, and 11.50.570 of the Seattle Municipal Code; and repealing Section 11.50.580 of the Seattle Municipal Code.

WHEREAS, excessive speeding by drivers is a root cause of many crashes, including crashes that result in death or serious injury of vulnerable travelers within City rights-of-way, including pedestrians, bicyclists, people with disabilities, children, and seniors; and

WHEREAS, serious crashes often result in lifelong injuries, chronic pain, permanent disabilities, chronic depression, and shortened lifespans, while serious and fatal crashes impact the victims, their families and other loved ones, their co-workers, and their greater communities; and

WHEREAS, it is often not safe, practical, or desirable to use police officers to enforce traffic laws, including speed limit violations; and

WHEREAS, numerous studies, and Seattle’s own experience, have demonstrated significant reductions in speeds, crashes, and the number of drivers running red lights or violating school zone speed limits at enforcement camera locations; and

WHEREAS, since the start of Seattle’s School Zone Speed Camera program, the City has seen a 71 percent drop in collisions during camera activation areas, a 64 percent drop in the average number of camera violations per day, and 90 percent of people who receive and pay camera citations do not receive another citation; at red light camera locations, crashes of all types have been substantially reduced compared to citywide averages, with five times the decrease in fatal crashes at camera intersections compared with citywide averages; and

WHEREAS, in 2023, the City Council passed Ordinance 126869, designating restricted racing zones as a precursor to future deployment of speed enforcement cameras; and

WHEREAS, in 2024, the State Legislature passed Engrossed Substitute House Bill 2384, making comprehensive changes to State laws governing traffic cameras, consolidating authority that had been established for camera programs, authorizing trained police and transportation employees to review violations detected by traffic safety cameras, and repealing authority for designated racing zone cameras (ESHB 2384, enacted as Chapter 307, Laws of 2024); and

WHEREAS, the City Council intends that the locations previously identified in Ordinance 126869 be evaluated for deployment of traffic safety cameras under Seattle Municipal Code Section 11.50.570 (including enforcement for school speed zones, school walk areas, public park speed zones, hospital speed zones, and locations that experience higher crash risks due to vehicle speeds); and

WHEREAS, given the proven effectiveness of existing camera enforcement programs and the reduction in crashes at existing camera locations, the Seattle Department of Transportation has been working with the Seattle Police Department to expand the deployment of school speed zone cameras and deployment of additional camera types authorized by ESHB 2384 to further reduce serious and fatal crashes around the city; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 5.82.010 of the Seattle Municipal Code, last amended by Ordinance 126893, is amended as follows:

5.82.010 Financial policies

The following financial policies govern revenues generated by automated traffic safety cameras or fines or civil penalties:

A. (( Spending restrictions: )) Consistent with RCW 46.63.220, the City shall first apply revenue generated by the City’s automated traffic safety camera program to the cost to administer, install, operate, expand, remove, relocate, and maintain automated traffic safety cameras authorized under subsection 11.50.570.A.

B. Of the net proceeds generated annually by automated traffic safety camera fines and civil penalties that are available to the City after (( required contributions to the Washington State Cooper Jones account pursuant to RCW 46.63.170, )) covering the cost to administer, install, operate, expand, remove, relocate, and maintain automated traffic safety cameras, the following spending restrictions apply:

(( 1. School zone camera revenue: Funding in an amount equal to the revenue generated annually by school zone fixed automated camera fines and civil penalties will be spent for school traffic and pedestrian safety and directly related infrastructure projects; pedestrian, bicyclist, and driver education campaigns; and installation, administrative, enforcement, operations, and maintenance costs associated with the school zone fixed automated cameras.

2. Red )) 1. For red light camera revenue :

a. Funding (( : Funding )) in an amount equal to 15 percent (( 20 percent )) of the revenue generated annually by fines and civil penalties for red light camera violations and red arrow camera violations will be spent for (( school )) safety, including traffic , student, bicycle, and pedestrian safety and directly related infrastructure projects ; operational and maintenance investments that support traffic safety and Vision Zero; transportation improvements that support equitable access and mobility for persons with disabilities; transportation projects designed to reduce vehicle speeds , as well as pedestrian, bicyclist, and driver education campaigns (( and installation, administrative, enforcement, operations, and maintenance costs associated with the red light and red arrow automated cameras )).

b. Funding in an amount equal to 15 percent of the revenue generated annually by fines and civil penalties for red light camera violations and red arrow camera violations will be spent on the construction of new sidewalks, sidewalk alternatives, and the repair of existing sidewalks. This funding shall not supplant other transportation funding for sidewalk construction, sidewalk alternatives, and sidewalk repair.

(( 3. )) 2. For all other automated traffic safety camera types authorized under subsection 11.50.570.A:

a. Funding in an amount equal to 85 percent of the net revenues will be spent for safety, including traffic, student, bicycle, and pedestrian safety and directly related infrastructure projects; operational and maintenance investments that support traffic safety and Vision Zero; transportation improvements that support equitable access and mobility for persons with disabilities; transportation projects designed to reduce vehicle speeds, as well as pedestrian, bicyclist, and driver education campaigns.

b. Funding in an amount equal to 15 percent of the net revenues will be spent on construction of new sidewalks, sidewalk alternatives, and the repair of existing sidewalks. This funding shall not supplant other transportation funding for sidewalk construction, sidewalk alternatives, and sidewalk repair.

(( 3. Block the box and obstruction camera revenue: Funding in an amount equal to the local revenue generated annually by fines and civil penalties for obstruction or blocked traffic camera violations will be spent for transportation improvements that support equitable access and mobility for persons with disabilities and installation, administrative, enforcement, operations, and maintenance costs associated with the obstruction or blocked traffic automated cameras.

4. Lane restriction camera revenue: Funding in an amount equal to the local revenue generated annually by fines and civil penalties for restricted lane camera violations will be spent for transportation improvements that support equitable access and mobility for persons with disabilities and installation, administrative, enforcement, operations, and maintenance costs

associated with the restricted lane automated cameras.

5. Speed enforcement camera revenue: Funding in an amount equal to the local revenue generated annually by fines and civil penalties for speed enforcement cameras other than school zone cameras described in subsection 5.82.010.A.1 will be spent on transportation improvements that support traffic safety, bicycle safety, and pedestrian safety and installation, administrative, enforcement, operations, and maintenance costs associated with the speed enforcement cameras .

B. Annual budget revenues and appropriations: ))

C. The Executive will propose appropriations for the items in subsection s 5.82.010.A and 5.82.010.B in its annual budget submittal to the City Council based on the amount of automated traffic safety camera fines and civil penalties projected to be received in the prior budget year. The City Council anticipates that proposed appropriations will support traffic safety, accessibility, and Vision Zero investments.

(( C. Year-end report: The Executive will provide a year-end report to the City Council on automated traffic safety camera revenue receipts, appropriations, and expenditures by March 1 each year )) D. Consistent with state requirements, by July each year, the Executive will post an annual report on the City’s website showing the number of traffic crashes 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 camera, 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 a description of the uses of revenues that exceeded the costs of operation and administration of the automated traffic safety camera program .

(( D. True-up of revenues and expenditures: )) E. To the extent that actual annual revenues from automated traffic safety cameras differ from the appropriations made through the annual budget, the Executive will propose appropriation changes in supplemental legislation to ensure that sufficient funding is spent consistent with (( subsection 5.82.010.A and RCW 46.63.170 )) this Chapter 5.82 .

Section 2. Section 11.31.020 of the Seattle Municipal Code, last amended by Ordinance 127056, 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:

1. (( when )) When the infraction is committed in the officer's presence;

2. When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;

(( 2. if )) 3. If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;

(( 3. when )) 4. When a (( violation of Section 11.50.140, 11.50.150, 11.52.040, or 11.52.100 )) traffic infraction is detected through the use of an automated traffic safety camera or an automated school bus safety camera as authorized pursuant to (( RCW 46.63.170 )) chapter 46.63 RCW and Section 11.50.570 . A trained and authorized civilian employee of the Seattle Police Department, or a trained and authorized civilian employee of the Seattle Department of Transportation performing under the supervision of a qualified traffic engineer, has the authority to review infractions detected through the use of an automated traffic safety camera or automated school bus safety camera to issue notices of infraction. These employees must be sufficiently trained and certified in reviewing infractions and issuing notices of infraction by qualified peace officers or by traffic engineers employed in the Seattle Police Department or the Seattle Department of Transportation ; or

(( 4. if )) 5. If an officer is investigating a violation of Section 11.58.440.

B. A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed. (( (RCW 46.63.030) ))

Section 3. Section 11.31.090 of the Seattle Municipal Code, last amended by Ordinance 126892, is amended as follows:

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 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 11.31.090.C.1. The peace officer , or other City employee authorized to review citations under RCW 46.63.030, 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 11.50.070, Section 11.50.140, Section 11.50.150, Section 11.50.250, Section 11.50.260, Section 11.52.040, Section 11.52.100, Section 11.53.190, Section 11.53.230, Section 11.58.272, Section 11.58.295, Section 11.72.040, Section 11.72.080, or Section 11.72.210 or a restricted lane violation. 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.

* * *

C. If the registered owner of the vehicle is a rental car business, the peace officer , or other City employee authorized to review citations under RCW 46.63.030, 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 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 , or other City employee authorized to review citations under RCW 46.63.030, relieves a rental car business of any liability under this Chapter 11.31 for the notice of infraction.

* * *

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 11.50.070, Section 11.50.140, Section 11.50.150, Section 11.50.250, Section 11.50.260, Section 11.52.040, Section 11.52.100, Section 11.53.190, Section 11.53.230, Section 11.58.272, Section 11.58.295, Section 11.72.040, Section 11.72.080, or Section 11.72.210 or a restricted lane violation, 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.

Section 4. Section 11.31.121 of the Seattle Municipal Code, last amended by Ordinance 127141, is amended as follows:

11.31.121 Monetary penalties-Parking infractions

The base monetary penalty for violation of each of the numbered provisions of the Seattle Municipal Code listed in the following table is as shown, unless and until the penalty shown below for a particular parking infraction is modified by Local Rule of the Seattle Municipal Court adopted pursuant to the Infraction Rules for Courts of Limited Jurisdiction ("IRLJ") or successor rules to the IRLJ:

Section 5. Section 11.50.570 of the Seattle Municipal Code, last amended by Ordinance 126892, is amended as follows:

11.50.570 Automated traffic safety cameras

A. Automated traffic safety cameras may be used to detect one or more of the following(( : stoplight, railroad crossing, school speed zone violations, violations included in subsection 11.50.570.H for the duration of the pilot program authorized under subsection 11.50.570.H, maximum speed limit violations in school walk, park, and hospital zones as permitted by state law, or, consistent with RCW 46.63.170(1)(d)(i), on streets that are either designated as a priority location in a road safety plan submitted to the state, show a significantly higher rate of collisions than the City average over a period of at least three years prior to installation and other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speeds, or is a street designated by ordinance as a race zone. Except as provided in subsection 11.50.570.H, use of automated traffic safety cameras is restricted to the following locations only )) as authorized under RCW 46.63.210 through 46.63.260 :

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

2. Railroad crossings violations to detect instances when a vehicle fails to stop when facing an activated railroad grade crossing control signal ;

3. (( School )) Speed violations within school speed zones as described in RCW 46.61.440(1) and 46.61.440(2) ;

4. (( School )) Speed violations within school walk areas as defined in 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 ;

5. (( Public )) Speed violations within public park speed zones , defined as the marked area within public park property and extending 300 feet from the border of the public park property (a) consistent with active park use; and (b) where signs are posted to indicate the location is within a public park speed zone ;

6. (( Hospital )) Speed violations within hospital speed zones , defined as the marked area within hospital property and extending 300 feet from the border of the hospital property (a) consistent with hospital use; and (b) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020 ; (( and ))

7. (( Additional speed detection )) Speed violations at additional locations that (( meet any of the criteria in RCW 46.63.170(1)(d). )) experience higher crash risks due to excessive vehicle speeds consistent with RCW 46.63.250(3);

8. Violations of designations by the Washington Department of Transportation, the Director of Transportation, or the Traffic Engineer reserving all or any portion of a street or highway, including any lane or ramp, for the exclusive or preferential use of transit coaches or other public transportation vehicles or carpools, under Section 11.53.230. As used in this subsection 11.50.570.A.8: "public transportation vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers and that operates on established routes; and "transit authority" has the meaning provided in RCW 9.91.025;

9. Violations of one or more of Sections 11.50.070, 11.53.190, 11.72.040, 11.72.080, or 11.72.210;

10. Speed violations within 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;

11. Speed violations along state highways within city limits that are designated as city streets under chapter 47.24 RCW; and

12. In consultation with the Washington Department of Transportation, ferry queue violations under RCW 46.61.735.

(( B. Automated traffic safety cameras may be used to detect other violations as authorized by and subject to the restrictions imposed by the Washington State Legislature.

C. Before adding additional automated traffic safety cameras or relocating any existing camera, the City Council )) B. Consistent with RCW 46.63.220, before the City adds or relocates an automated traffic safety camera at a new location, the Seattle Department of Transportation 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 camera and any other relevant information deemed appropriate. For automated traffic safety cameras authorized by RCW 46.63.170(1)(d)(i), the City must complete )) that includes an equity analysis that evaluates the impact of the camera placement on livability, accessibility, economics, education, and environmental health(( , and shall consider the outcome of that analysis when identifying where to locate an automated traffic safety camera )). The analysis must show a 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. In addition to RCW 46.63.220 requirements, the analysis should identify the physical traffic safety improvements considered for the proposed camera location and why they could not be deployed.

(( D. )) C. 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. )) D. Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, prepared under this Section 11.50.570 are for the exclusive use of law enforcement in the discharge of duties under this Section 11.50.570 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 11.50.570. No photograph, microphotograph, or electronic image(( , )) may be used for any purpose other than enforcement of violations under this Section 11.50.570 nor retained longer than necessary to enforce this Section 11.50.570.

(( F. )) E. All locations where an automated traffic safety camera is used must be clearly marked by placing signs at least 30 days prior to activation of the camera (( by placing signs )) in locations that clearly indicate to a driver that either(( : (i) That the )) : (a) the driver is within (( a school walk area, public park speed zone, or hospital speed zone )) an area where automated traffic safety cameras are authorized ; or (( (ii) that he or she )) (b) the driver is entering (( a zone where traffic laws )) an area where violations are enforced by an automated traffic safety camera. The signs must be readily visible to a driver approaching 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 )) Manual on Uniform Traffic Control Devices for streets and highways as adopted by the Washington Department of Transportation under chapter 47.36 RCW.

(( G. )) F. The compensation paid to the manufacturer or vendor of automated traffic safety camera program 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.

(( H.

1. The Seattle Department of Transportation is authorized to create a pilot program authorizing automated traffic safety cameras to be used to detect a violation of one or more of Sections 11.50.070, 11.53.190, 11.53.230, 11.72.040, 11.72.080, or 11.72.210 or a restricted lane violation. Under the pilot program, violations relating to stopping at intersections or crosswalks may only be enforced at the 20 intersections where the Seattle Department of Transportation would most like to address safety concerns related to stopping at intersections or crosswalks.

2. Except where specifically exempted, all of the rules and restrictions applicable to the use of automated traffic safety cameras in this Section 11.50.570 and Section 11.31.090 apply to the use of automated traffic safety cameras in the pilot program established in this subsection 11.50.570.H.

3. As used in this subsection 11.50.570.H, "public transportation vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers and that operates on established routes. "Transit authority" has the meaning provided in RCW 9.91.025.

4. Use of automated traffic safety cameras as authorized in this subsection 11.50.570.H is restricted to the following locations only: locations authorized in subsection 11.50.570.A; and midblock on arterials. Additionally, the use of automated traffic safety cameras as authorized in this subsection 11.50.570.H is further limited to the following:

a. The portion of state local roadways in downtown areas of Seattle used for office and commercial activities, as well as retail shopping and support services, and that may include mixed residential uses;

b. The portion of state and local roadways in areas in Seattle within one-half mile north of the boundary of the area described in subsection 11.50.570.H.4.a;

c. Portions of roadway systems in Seattle that travel into and out of the portion in subsection 11.50.570.H.4.b that are designated by the Washington State Department of Transportation as noninterstate freeways for up to 4 miles; and

d. Portions of roadway systems in Seattle connected to the portions of the noninterstate freeways identified in subsection 11.50.570.H.4.c that are designated by the Washington State Department of Transportation as arterial roadways for up to one mile from the intersection of the arterial roadway and the noninterstate freeway.

5. Automated traffic safety cameras may not be used on an on-ramp to an interstate.

6. Beginning January 1, 2021, for an infraction generated through the use of an automated traffic safety camera authorized in this subsection 11.50.570.H, if the registered owner of the vehicle has:

a. No prior infractions generated under this subsection 11.50.570.H, a warning notice with no penalty shall be issued to the registered owner of the vehicle for a violation.

b. One or more prior infractions generated under this subsection 11.50.570.H, a notice of infraction shall be issued, in a manner consistent with Section 11.31.090, to the registered owner of the vehicle for a violation. The penalty for the violation is $75.

7. For infractions issued as authorized in this subsection 11.50.570.H, The City of Seattle shall remit monthly to the state of Washington 50 percent of the noninterest money received under this subsection 11.50.570.H in excess of the cost to install, operate, and maintain the automated traffic safety cameras for use in the pilot program. Money remitted under this subsection 11.50.570.H.7 to the State Treasurer shall be deposited in the Cooper Jones Active Transportation Safety Account. The remaining 50 percent retained by The City of Seattle shall be used only for improvements to transportation that support equitable access and mobility for persons with disabilities.

8. A transit authority may not take disciplinary action, regarding a warning or infraction issued pursuant to this subsection 11.50.570.H, against an employee who was operating a public transportation vehicle at the time the violation that was the basis of the warning or infraction was detected.

I.

1. The Seattle Department of Transportation is authorized to install automated traffic safety cameras to detect speed violations pursuant to RCW 46.63.170(1)(d)(i). The speed violations that the cameras may detect include, but are not limited to, one or more violations of Sections 11.52.040, 11.52.060, 11.52.080, 11.52.100, 11.52.110, or 11.52.120.

2. Except where specifically exempted, all of the rules and restrictions applicable to the use of automated traffic safety cameras in this Section 11.50.570 and Section 11.31.090 apply to speed detection enforcement as established in this subsection 11.50.570.I.

3. As used in this subsection 11.50.570.I, "school walk area" includes any roadway identified in a school walk area as defined in RCW 28A.160.160.

4. As used in this subsection 11.50.570.I, "public park speed zone" means the marked area within public property and extending 300 feet from the border of the public park property: (I) consistent with active park use; and (II) where signs are posted to indicate the location is within a public park speed zone.

5. As used in this subsection 11.50.570.I, "hospital speed zone" means the marked area within hospital property and extending 300 feet from the border of hospital property: (I) consistent with hospital use; and (II) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020.

6. After completing and considering locations based on the outcomes of an equity analysis that evaluates livability, accessibility, economics, education, and environmental health, the City may operate one additional automated traffic camera for speed detection and enforcement, plus one additional camera for every 10,000 Seattle residents, for locations that meet one of the following criteria as defined in RCW 46.63.170(1)(d)(i):

a. The Seattle Department of Transportation has identified it as a priority location in a road safety plan submitted to the Washington State Department of Transportation and where other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed; or

b. Locations with a significantly higher rate of collisions than the city average over a period of at least three years prior to installation, and other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed; or

c. An area within the city limits designated by ordinance as a zone subject to specified restrictions and penalties on racing and race attendance.

7. Beginning on the effective date of this ordinance, a warning notice with no penalty shall be issued to the registered owner of the vehicle for a violation generated through the use of an automated traffic safety camera authorized in this subsection 11.50.570.I, if the registered owner of the vehicle has no prior infractions generated under this subsection 11.50.570.I.

8. For automated traffic safety cameras used to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or other speed violations in this subsection 11.50.570.I, the City shall remit monthly to the state 50 percent of the noninterest money received for infractions issued by those cameras in excess of the cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions. Money remitted under this subsection 11.50.570.I to the state treasurer shall be deposited in the state Cooper Jones Active Transportation Safety Account. This subsection 11.50.570.I.8 does not apply to automated traffic safety cameras authorized for stoplight, railroad crossing, or school speed zone violations. ))

G. Beginning on the effective date of this ordinance, a warning notice with no penalty shall be issued to the registered owner of the vehicle for an automated traffic safety camera violation listed under subsections 11.50.570.A within the first 30 days of operation of a newly located or relocated automated traffic safety camera.

Section 6. Pursuant to ESHB 2384, enacted as Chapter 307, Laws of 2024, Section 11.50.580 of the Seattle Municipal Code, enacted by Ordinance 126869, is repealed:

(( 11.50.580 Designation of restricted racing zones

Pursuant to RCW 43.63.170(1)(d)(i)(C), the following streets are designated as restricted racing and race attendance zones subject to automated camera enforcement to detect maximum speed limit violations:

A. Alki Ave SW between 63^rd Ave SW and Harbor Ave SW.

B. Harbor Ave SW between Alki Ave SW and SW Spokane St.

C. West Marginal Way SW between SW Spokane St and 2^nd Ave SW.

D. Sand Point Way NE between 38^th Ave NE and NE 95^th St.

E. NE 65^th St between Sand Point Way NE and Magnuson Park.

F. Roadways inside Magnuson Park including, but not limited to, NE 65^th St and Lake Shore Dr NE.

G. Seaview Ave NW between Golden Gardens Park and 34^th Ave NW.

H. 3^rd Ave NW between Leary Way NW and N 145^th St.

I. Martin Luther King Jr Way S between S Massachusetts St and S Henderson St.

J. Rainier Ave S from S Jackson St south to the city limits. ))

Section 7. The Council requests that the Seattle Department of Transportation review and evaluate the following locations for deployment of automated traffic safety cameras authorized under Seattle Municipal Code subsection 11.50.570.A:

A. Alki Ave SW between 63rd Ave SW and Harbor Ave SW.

B. Harbor Ave SW between Alki Ave SW and SW Spokane St.

C. West Marginal Way SW between SW Spokane St and 2nd Ave SW.

D. Sand Point Way NE between 38th Ave NE and NE 95th St.

E. NE 65th St between Sand Point Way NE and Magnuson Park.

F. Roadways inside Magnuson Park including, but not limited to, NE 65th St and Lake Shore Dr NE.

G. Seaview Ave NW between Golden Gardens Park and 34th Ave NW.

H. 3rd Ave NW between Leary Way NW and N 145th St.

I. Martin Luther King Jr Way S between S Massachusetts St and S Henderson St.

J. Rainier Ave S from S Jackson St south to the city limits.

Section 8. Section 1 of Ordinance 124230, last amended by Ordinance 125206, is amended as follows:

Section 1. A new (( School Safety Traffic and Pedestrian Improvement )) Automatic Traffic Camera Safety Fund is (( hereby )) created in the City Treasury upon the effective (( January 1, 2016 )) date of this ordinance , to which revenues may be deposited, and from which associated expenditures may be paid including, but not limited to, operating, maintenance, capital and City administration costs for the purposes described in Section 2 (( below )) of this ordinance .

  Section 9. Section 2 of Ordinance 124230, last amended by Ordinance 125206, is amended as follows:

Section 2. The purpose of creating the (( School Safety Traffic and Pedestrian Improvement )) Automatic Traffic Camera Safety Fund is to separately account for the revenues generated by (( the school zone fixed automated cameras and automated traffic safety cameras (also known as red light safety cameras) )) automatic traffic safety cameras authorized under Section 11.50.570 of the Seattle Municipal Code .

  Section 10. Section 3 of Ordinance 124230, last amended by Ordinance 125206, is amended as follows:

Section 3. The new (( School Safety Traffic and Pedestrian Improvement )) Automatic Traffic Camera Safety Fund shall receive (( all revenues from fixed automated school zone camera fines and civil penalties, )) 20 percent of revenues from (( automated traffic safety cameras (also known as red light safety cameras), )) cameras that detect stoplight violations in accordance with Section 11.50.130 of the Seattle Municipal Code, all revenues from all other automatic traffic safety camera types authorized in Section 11.50.570 of the Seattle Municipal Code, and other monies as authorized by ordinance. The Fund shall receive earnings on its positive balances and pay interest on its negative balances.

  Section 11. Section 4 of Ordinance 124230, last amended by Ordinance 125206, is amended as follows:

Section 4. The Director of the Seattle Department of Transportation shall have responsibility for administering the (( School Safety Traffic and Pedestrian Improvement )) Automatic Traffic Camera Safety Fund. The Director of Finance is authorized to create other (( Subfunds, Accounts, or Subaccounts )) other accounts within the Automatic Traffic Safety Fund as may be needed or appropriate to implement the Fund's purpose and intent as established by this ordinance as amended.

Section 12. The Seattle Police Department, the Seattle Municipal Court, and the Seattle Department of Transportation shall not disclose automated traffic safety camera data in response to a records request made under the Public Records Act (chapter 42.56 RCW), or otherwise publicly disclose automated traffic safety camera data in a manner that links a license plate to a time, date, or location, unless required to do so by court order or applicable law. The departments’ legal counsel shall promptly notify the City Council’s legislative legal counsel of any such court order or applicable law.

Section 13. The Council requests that the Seattle Police Department include in any contract with a vendor for the implementation of automated traffic safety camera technology terms: 1) requiring the vendor to immediately notify SPD if the vendor receives a warrant or subpoena seeking automated traffic safety camera data for any purpose, including purposes related to reproductive healthcare or gender-affirming medical services; and, 2) requiring the vendor to retain legal counsel to challenge any such warrant or subpoena and advise of outcome or existence of warrant after expiration. SPD shall notify the Council upon receipt of information related to a vendor warrant or subpoena described above.

Section 14. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.

Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2025.

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President ____________ of the City Council

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Bruce A. Harrell, Mayor

Filed by me this ________ day of _________________________, 2025.

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Scheereen Dedman, City Clerk

(Seal)