HomeMy WebLinkAbout4392 Ordinance ORDINANCE NO. 4392
AN ORDINANCE of the City of Pasco, Washington, creating
Chapter 10.22 "Automated Traffic Camera Systems"; and Amending Section
1.02.020 "Initiation of Civil Infraction Proceedings".
WHEREAS, Pasco's significant growth has resulted in growing traffic enforcement
concerns with increasing numbers of signalized intersections, school zones, traffic volume, and
additional miles of road, the Pasco Police Department has conducted considerable research to
finds means to address this growing concern; and
WHEREAS, that research has demonstrated that the worse traffic accidents are the result
of running red lights at signed or signalized intersections, and the most tragic traffic accidents
involve school children as the result of speeding in school zones;and
WHEREAS, the Washington legislature, pursuant to RCW 46.63.170, authorizes the use
by cities of automated traffic safety cameras for certain traffic enforcement including red-light
safety cameras and school zone cameras; and
WHEREAS, it is determined that strategic placement of automated cameras in school
zones and arterial intersections would provide an efficient and economical means for traffic
enforcement; and
WHEREAS, an analysis has been prepared of the locations within the City of Pasco
where automated traffic safety cameras are proposed to be located on either a permanent or
temporary basis, and shall post an annual report of the number of traffic accidents that have
occurred at each location where an automated traffic safety camera is located, as well as the
number of notices of infractions issued for each camera, and such other relevant information as
appropriate which shall be posted on the City's website. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 10.22 entitled "Automated Traffic Camera Systems"
of the Pasco Municipal Code shall be and hereby is created and shall read as follows:
Chapter 10.22
AUTOMATED TRAFFIC CAMERA SYSTEMS
Sections:
10.22.010 Authorized Use of Automated Traffic Safety Cameras.
10.22.020 Notice of Infraction for Automated Traffic Control System.
10.22.030 Response to Notice of Infraction for Automated Traffic Control System.
10.22.040 Presumption of Committed Infraction—Presumption Overcome.
10.22.050 Infractions Processed.
10.22.060 Fines.
10.22.070 Nonexclusive Enforcement.
10.22.080 Authorization for Use of Electronic Signatures.
10.22.010 AUTHORIZED USE OF AUTOMATED TRAFFIC SAFETY
CAMERAS.
A) 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:
1) Stop light infractions.
2) Railroad crossing violations.
3) School speed zone violations.
B) The use of automated traffic safety cameras is subject to the following
restrictions:
1) The use of automated traffic safety cameras is restricted to "two arterial
intersections" (the intersection of two arterial streets), railroad crossings, school speed zones, and
as authorized in RCW 46.63.170.
2) Approval of the City Council shall be obtained for each location proposed
for the use of automated traffic safety cameras.
3) 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.
C) The City shall clearly mark all locations where automated cameras are in use 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 automated traffic safety cameras.
D) 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:
1) Fails to stop when facing a steady red traffic control signal; or
2) Fails to stop when facing an activated railroad grade crossing control
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signal; or
3) Exceeds a speed limit in a school speed zone as detected by a speed-
measuring device; or
10.22.020 NOTICE OF INFRACTION FOR AUTOMATED TRAFFIC CONTROL
SYSTEM.
A) 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 fourteen (14)
days of establishing the registered owner's name and address under this section.
B) 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
eighteen (18) days of receiving the written notice, provide the Pasco Police Department by return
mail:
1) A statement under oath stating the name and known address of the
individual driving or renting the vehicle when the infraction occurred; or
2) 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
3) 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.
C) 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.
D) 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.
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10.22.030 RESPONSE TO NOTICE OF INFRACTION FOR AUTOMATED
TRAFFIC CONTROL SYSTEM. Any person receiving a notice of infraction based upon the
evidence detected by an automated traffic safety camera shall respond to such notice within
fifteen(15) days of the date of notice as required by PMC 1.02.050; and, within said period, may
request a contested hearing as provided by PMC 1.02.060, or a mitigation hearing as provided by
PMC 1.02.070.
10.22.040 PRESUMPTION OF COMMITTED INFRACTION —
PRESUMPTION OVERCOME.
A) In a traffic infraction case involving an infraction detected through the use of a
photo enforcement system under PMC 10.22, as now enacted or hereafter amended, or detected
through the use of an automated traffic safety camera under this section, proof that a particular
vehicle described in the notice of infraction was in violation of any such provision of PMC
10.22, 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, constitutes 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 for which the violation occurred.
B) This presumption may be overcome at a contested hearing 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.
10.22.050 INFRACTIONS PROCESSED. Except as provided in this Chapter,
infractions detected through the use of automated traffic safety cameras shall be processed as
provided in PMC 1.02. 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 RCW 46.52.120,
as now enacted or hereafter amended. Additionally, infractions generated by the use of
automated traffic safety cameras under this section shall be processed in the same manner as
parking infractions prosecuted under this code, including for the purposes of RCW 3.46.120,
RCW 3.50.100, RCW 3.62.040, RCW 46.152.216 and RCW 46.20.270(3) and any other
applicable statutes.
10.22.060 FINES. The fine for infractions committed pursuant to the provisions of
this Chapter shall constitute a Class 2 civil infraction pursuant to PMC 1.02.080 ($125.00).
10.22.070 NONEXCLUSIVE ENFORCEMENT. Nothing in this section prohibits a
law enforcement officer from issuing a notice of infraction to a person in control of a vehicle at
the time the violation occurs:
A) When the infraction is committed in the officer's presence (except
as provided in RWC 46.06.485);
B) When the officer is acting upon the request of a law enforcement officer in his
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presence of the traffic infraction committed; or
C) If an officer investigating at the scene of a motor vehicle accident has reasonable
cause to believe that the driver of the motor vehicle involved in the accident has committed a
traffic infraction pursuant to RCW 46.63.030(1)(a) through(c).
10.22.080 AUTHORIZATION FOR USE OF ELECTRONIC SIGNATURES. In
connection with the traffic safety, safety camera program, the police chief, or designee, is
authorized to utilize electronic signatures in accordance with the provisions of Chapter 19.34
RCW.
Section 2. That Section 1.02.020 entitled "Initiation of Civil Infraction
Proceedings" of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
1.02.020 INITIATION OF CIVIL INFRACTION PROCEEDINGS
1) A civil infraction proceeding is initiated by the issuance, service, and filing of a
Notice of Civil Infraction.
2) A notice of civil infraction may be issued by an enforcement officer when the
civil infraction occurs in the officer's presence.
3) A Court may issue a Notice of Civil Infraction if an enforcement officer files
with the Court a written statement that the civil infraction was committed in the officer's
presence or that the officer has reasonable cause to believe that a civil infraction was
committed.
4) Service of a Notice of Civil Infraction was issued under subsection (2) or (3)
of this section shall be as provided by Court Rule. Until such a rule is adopted, service shall
be as provided in JTUR 2.2(c)(1) and (3), as applicable.
5) A Notice of Infraction, except an infraction issued pursuant to PMC 10.22
(Automated Traffic Camera Systems). Shall be filed with the Clerk of the Pasco Municipal Court
within forty-eight (48) hours of issuance, excluding Saturdays, Sundays and holidays. An
infraction issued under PMC 10.22 shall be filed with the Clerk of the Pasco Municipal Court
within five(5) calendar days. A Notice of Infraction not filed within the time limits prescribed in
this section may be dismissed without prejudice. (Ord. 2743 Sec. 2,1989.)
Section 3. Fine revenue received from the use of automated traffic safety cameras
shall be used, at the discretion of the City Council, to pay for the costs of the program, including
court, vendor and administrative costs and thereafter, for the sole purpose of increasing traffic
safety conditions in the City through by funding infrastructure and programming initiatives
consistent with the City of Pasco's Comprehensive Transportation Plans.
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Section 4. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 6th day August, 2018.
Craig Maloney, Mayor Pro-Tem
TTA- T: APPROVED AS TO FORM:
Lam_ _I_k,
Daniela Erickson, Ci y Clerk Leland B. Kerr, City Attorney
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