HomeMy WebLinkAbout4735 Ordinance - Amending PMC Sections 10.31.010 & 10.31.020 Related to Automated Traffic Camera SystemOrdinance – Amending PMC 10.31.010 & 10.31.020 - 1
ORDINANCE NO. 4735
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTIONS 10.31.010
“AUTHORIZED USE OF AUTOMATED TRAFFIC SAFETY CAMERAS”
AND 10.31.020 “NOTICE OF INFRACTION FOR AUTOMATED TRAFFIC
CONTROL SYSTEM.”
WHEREAS, the City of Pasco established the use of Traffic Safety Camera Systems on
the 6th day of August, 2018 through Ordinance No. 4392; and
WHEREAS, the State of Washington Legislature repealed the Revised Code of
Washington (RCW) 46.63.170 concerning Automated Traffic Safety Cameras in Engrossed
Substitute House Bill (ESHB) 2384 during the 2024 session replacing it with RCW 46.63.220; and
WHEREAS, amendments within the Pasco Municipal Code (PMC) Chapter 10.31
Automated Traffic Camera Systems are to adapt to RCW 46.63.220.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 10.31.010 entitled “Authorized use of automated traffic safety
cameras” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
10.31.010 Authorized use of automated traffic safety cameras.
(1) Law enforcement officers of the City of Pasco and persons commissioned
by the Police Chief are authorized to use automated traffic safety cameras and
related automated systems to detect one or more of the following infractions:
(a) Stop light infractions;
(b) Railroad crossing violations;
(c) School speed zone violations;
(d) Hospital speed zone violations;
(e) Public Park speed zone violations;
(f) School walk zones;
(g) Roadway work zones.
(2) The use of automated traffic safety cameras is subject to the following
restrictions:
Ordinance – Amending PMC 10.31.010 & 10.31.020 - 2
(a) The use of automated traffic safety cameras to detect stoplight
violations is restricted to “two arterial intersections” (the intersection of two
arterial streets) 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 (RCW 46.63.230), railroad
crossings (RCW 46.63.240), and speed violations as authorized by RCW
46.63.250. school speed zones, and as authorized in RCW 46.63.170.
(b) Approval of the City Council shall be obtained for each location
proposed for the use of automated traffic safety cameras.
(c) Automated traffic safety cameras may only take pictures of the
vehicle and the vehicle license plate and only while the infraction is
occurring. Pictures taken by the automated traffic safety camera may not
reveal the face of the driver or of the passengers in the vehicle.
(d) Automated traffic safety cameras may not be used on an onramp to
a limited access facility as defined in RCW 47.52.010.
(3) The City shall clearly mark all locations where automated cameras are in
use by placing signs in locations at least 30 days prior to activation of the camera
that clearly indicate to a driver that he or she is entering a zone where traffic laws
are enforced by automated traffic safety cameras.
(4) For the purpose 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, a railroad grade crossing control system, or a
speed measuring device, and a camera synchronized to automatically record one or
more sequential photographs, microphotographs, or electronic images of the rear of
a motor vehicle at the time vehicle:
(a) Fails to stop when facing a steady red traffic control signal; or
(b) Fails to stop when facing an activated railroad grade crossing control
signal; or
(c) Exceeds a speed limit in a school speed zone, hospital speed zone,
public park speed zone, school speed zone or roadway work zone as
detected by a speed-measuring device. [Ord. 4392 § 1, 2018; Code 1970 §
10.22.010.]
Section 2. That Section 10.31.020 entitled “Notice of infraction for automated traffic
control system” of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
Ordinance – Amending PMC 10.31.010 & 10.31.020 - 3
10.31.020 Notice of infraction for automated traffic control system.
(1) Whenever any vehicle is photographed by an automated traffic safety
camera, a notice of infraction shall be mailed to the registered owner of the vehicle
within 14 days of establishing the registered owner's the violation, or to the renter
of a vehicle within 14 days of establishing the renter’s name and address under this
section.
(2) If the registered owner of the vehicle is a rental car business, before a notice
of infraction is issued, the Pasco Police Department will provide a written notice to
the rental car business that a notice of infraction may be issued if the rental car
business does not within 18 days of receiving the written notice, provide the Pasco
Police Department by return mail:
(a) A statement under oath stating the name and known address of the
individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath stating the business is unable to determine
who was driving or renting the vehicle at the time the infraction occurred;
or
(c) In lieu of identifying the vehicle operator, the rental car business
may pay the applicable penalty.
Timely mailing of this statement to the Pasco Police Department relieves
the rental car business of any liability under this chapter for the notice of
infraction.
(3) The law enforcement officer issuing the notice of infraction shall include
with it a certificate or facsimile thereof, based upon the inspection of photographs,
microphotographs, or electronic images 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.
(4) 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. All photographs,
microphotographs, or electronic images prepared under this chapter are for the
exclusive use of law enforcement and the discharge of duties under this chapter,
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 of 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 for its enforcement. [Ord. 4392 § 1, 2018; Code 1970 § 10.22.020.]
Ordinance – Amending PMC 10.31.010 & 10.31.020 - 4
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this 21st day of October,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: Sunday, October 27, 2024