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HomeMy WebLinkAbout5018 ORDINANCE NO. 501 ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to automated traffic safety cameras; authorizing the use of these cameras to detect stoplight infractions at intersections where two arterials intersect and to enforce school speed zones; adopting the standards and restrictions regarding use of traffic safety cameras enacted by the Washington State Legislature during the 2005 regular session; setting the monetary penalty for infractions detected by an automated traffic safety camera; and creating a new chapter of the Bremerton Municipal Code, Chapter 10.42 entitled "Automated Traffic Safety Cameras". WHEREAS, some of the worst traffic accidents - those involving right- angle collisions at high rates of speed - are the result of running red lights, and studies have shown that these accidents involve more serious injury and deaths than other kinds of accidents at signalized intersections; and WHEREAS, the strategic placement of automated cameras at these intersections to record red light running violations has been shown to reduce the frequency of violations, corresponding injuries, and associated economic costs; and WHEREAS, some of the most tragic traffic accidents - those involving school children - are the result of speeding in school zones; and WHEREAS, the strategic placement of automated cameras in school zones to record speeding violations has been shown to reduce the frequency of violations, corresponding injuries, and associated economic costs; and WHEREAS, the City of Bremerton has numerous arterial intersections that would benefit from the strategic placement of automated traffic safety cameras; and WHEREAS, the City of Bremerton has numerous school zones that would benefit from the strategic placement of automated traffic safety cameras; and WHEREAS, the State Legislature has passed a law authorizing local jurisdictions to use automated traffic safety cameras subject to restrictions specified in that legislation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Law enforcement officers of the City of Bremerton are authorized to use automated traffic cameras and related automated systems to detect the following: (l) stoplight violations, and (2) school speed zone violations. The use of automated traffic cameras 1 Photo Enforcement and related automated systems shall be subject to the restrictions specified in state law, (Chapter 167, Laws of2005). SECTION 2. A new chapter, Chapter 10.42 entitled "Automated Traffic Safety Cameras" ofthe Bremerton Municipal Code is hereby created to read as follows: Chapter 10.42 AUTOMATED TRAFFIC SAFETY CAMERAS 10.42.010 AUTOMATED TRAFFIC SAFETY CAMERAS AUTHORIZED. The use of automated traffic safety cameras to detect violations of WAC Sections 308- 330-408 and 308-330-423, which the City has adopted by reference as sections of the Model Traffic Ordinance, is authorized at intersections where two arterial roadways intersect and in school speed zones, subject to the restrictions specified in state law (RCW 46.63.170). 10.42.020 NOTICE OF INFRACTION. A police officer or other authorized representative of the City has the authorityto issue a notice of traffic infraction when the infraction is detected through the use of an automated traffic safety camera under this Chapter. 10.42.030 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 shall 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 (c )(1) of this section. The police officer of other authorized representative of the City 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 ofW AC Section 308-330-423 or WAC Section 308-330-408. 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 (c)(1) 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 thirty (30) days of receiving the written notice, provide to the peace officer by return mail: 2 Photo Enforcement (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 because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; 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 ofthis ordinance, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, or a 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. (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 WAC Section 308-330-408 or WAC Section 308-330-423, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner ofthe 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. (RCW 46.63.170 and RCW 46.63.075) 10.42.040 MONETARY PENALTIES. A traffic infraction for violations ofW AC Section 308-330-408 or WAC Section 308- 330-423 detected through the use of an automated traffic safety camera shall be processed in the same manner as a parking infraction. The base monetary penalty for a violation of either WAC Section 308-330-408 or WAC Section 308-330-423 shall be the same as the fine established for each pursuant to State or Local law, including statutory assessments. However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for parking infractions within the City, including disabled parking infractions. 10.42.050 SIGNAGE. All locations where an automated traffic safety camera is used shall be clearly marked 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. 3 Photo Enforcement 10.42.060 ELECTRONIC SIGNATURES. In connection with the photo enforcement program as set forth in this chapter, the Chief of Police or his or her designee is authorized to utilize electronic signature in accordance with the provisions of Chapter 19.34 RCW. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the I i.Uu ,2007 Approved this M day of ATTEST: APPROVED AS TO FORM: r~~~1j~ ~~ PAULA JO STON, y k RO ER A. LUBOVI H, City Attorney PUBLISHED the .1.-,.;, day of ~4-:::J; EFFECTIVE the /~...AJ day of --' '-'- ORDINANCE NO. SD/? ,2007 ,2007 R:\Legal\Legal\Ordinances\Police\Photo Enforcement.vl.doc 4 Photo Enforcement 1". AFFIDAVIT OF PUBLICA nON Account # 42742 / Ad # 208038 ST A TE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: August 2, 2007 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $44.49 which amount has not been paid in full. ~tAr 'm~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 7, 2007 / / /,,/ .,:/4~,,~ -:Pu.-:/~ Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5018 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to automated traffic safety cameras; authorizing the use of these cameras to detect stoplight infractions at intersections where two arterials intersect and to enforce school speed zones; adopting the standards and restrictions regarding use of traffic safety cameras enacted by the Washington State Legislature during the 2005 regular session; setting the monetary penalty for infractions detected by an automated traffic safety camera; and creating a new chapter of the Bremerton Municipal Code, Chapter 10.42 entitled" Automated Traffic Safety Cameras" . APPROVED by the City Council the 18th day of July, 2007. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. August 2, 2007..........................AD #20046570