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HomeMy WebLinkAbout4298 I ORDINANCE NO. 4298 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 9.36.140 of the Kent City Code, entitled "School Speed Zone Traffic Safety Cameras," to increase the monetary penalty for an infraction committed in a school speed zone detected by an automated traffic safety camera. RECITALS A. School speed zones are located in areas occupied by a high number of pedestrians, especially before, during and after school, and driver inattention and speeding can have devastating consequences. B. On May 21, 2013, pursuant to RCW 46.63.170, the Kent City Council adopted Ordinance No. 4080, which set forth the restrictions, public notice, and signage requirements, as well as the processing and procedural requirements for use of school speed zone cameras. The ordinance also established the monetary penalty for an infraction committed in a school speed zone that is detected through the use of an automated traffic safety camera. C. Currently, an infraction committed in a school speed zone that is detected through the use of an automated traffic safety camera is subject to a $124 penalty. 1 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance D. The monetary penalty established by the ordinance has not been increase since 2013, and anecdotal evidence suggests that the $124 I penalty no longer adequately support the cost of administering the program, enforcement, and processing of traffic and criminal laws in the I City. I E. This ordinance amends Section 9.36.140 of the Kent City Code, increasing the infraction penalty from $124 to $136, to more closely align the revenues received from the traffic safety cameras with the costs associated with administering the program effectively. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.36.140 of the Kent City Code, entitled "School Speed Zone Traffic Safety Cameras," is hereby amended as follows: Sec. 9.36.140 School speed zone traffic safety cameras. A. Authorized use of automated traffic safety cameras. Pursuant to the authority of RCW 46.63.170, the city is authorized to use automated traffic safety cameras and related automated systems in order to detect, record, and enforce and prosecute school speed zone violations. B. Limitation on photos - Use of photos. 1. Limitation on photos. Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an 2 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. 2. Use of photos. 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. C. Infraction processing - Responsibilities - Presumption. 1. In general. 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 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). 2. Notice of infraction. A notice of infraction must 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)(4) of this section. The law enforcement officer 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 under 3 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance this section. Any citation or notice of infraction issued pursuant to this section may be initiated by electronic signature of the issuing police officer. The photographs, microphotographs, or electronic images evidencing the j violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. 3. Registered owner responsible - Rental car business. The registered owner of a vehicle is responsible for an infraction issued pursuant to this section unless the registered owner overcomes the presumption in subsection (C)(5) of this section, or, in the case of a rental car business, satisfies the conditions under subsection (C)(4) of this section. If appropriate under the circumstances, a renter identified under subsection (C)(4) of this section is responsible for an infraction. 4. Rental cars. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued under this section, 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 eighteen (18) days of receiving the written notice, provide to the issuing agency by return mail: a. A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or b. A statement under oath that the business is unable to I 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 4 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance C. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. i Timely mailing of the statements described in subsections (C)(4)(a) and (b) of this section to the issuing law enforcement agency relieves a rental car business of any liability under this section for the notice of infraction. 5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the particular vehicle described in the notice of traffic infraction was in violation of a law enforced through the use of the automated traffic safety camera, 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. D. Infraction - Penalty. It shall be an infraction to exceed the posted speed limit in a school speed zone enforced through the use of an automated traffic safety camera. The penalty for an infraction committed in a school speed zone which is detected through the use of an automated traffic safety camera shall be one hundred twei9ty fetfthirty-six dollars ($124136); provided, the penalty shall be two hundred forty-eight dollars ($248) for a violation in which the vehicle was operated at a speed of thirty (30) miles per hour or more. In addition to the fines provided herein, 5 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance a violator may be assessed any costs and assessments as required or permitted by state law or court rule. E. Signs - Payment to vendor - Alternative enforcement. 1. School zones must be signed. 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. 2. Payment made to vendor. The compensation paid by the city to the manufacturer or vendor of the automated traffic safety camera equipment 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. 3. Alternative enforcement. Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs pursuant to RCW 46.63.030(1)(a), (b), or (c). F. Use of funds. Funds derived from the use of automated traffic safety cameras shall be used to pay the costs of administering the automated traffic safety camera program, including but not limited to personnel costs, vendor costs, and equipment costs. Funds in excess of these costs may be used to fund personnel, programs, services, and equipment related to the enforcement and processing of traffic and criminal laws within the city. G. Definition. For the purposes of this section, automated traffic safety camera means a device that uses a vehicle sensor installed to work in 6 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance 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 sequenced photographs, i 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. SECTION 2. - Severabilitv. If any one or more section, subsection, or sentence of this ordinance is 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 3. - Corrections by Citv Clerk or Code Reviser, Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. el December 11 2018 DANA RALPH, MAYOk I Date Approved ATTEST: &�4 � , U� 6 December 11 2018 KIMBERLEY 6. KOMOTO, CITY CLERK Date Adopted 7 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance December 11. 2018 Date Published APPROVED AS T,Q FORW ARTHUR A'PAT"TITZ PATRICK, CITY ATTORNEY 8 Amend KCC 9.36.140 School Speed Zone Traffic Safety Ordinance 94 STATE OF WASHINGTON, COUNTY OF KING} AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Polly Shepherd, being first duly sworn on oath that she is the Publisher of the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent Reporter(and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on December 14, 2018 The full amount of the fee charged for said foregoing publication is the sum of$259.30 . Poll' Sfi "�`�,,.,... �.... y eph . Publisher, Kent Reporter Subscribed and sworn to me this 14' day of December, 2018 . rt Jens� er Tribb t, 6tary Public for the State of Washington, Residing in Oirtg, Washington � �+ 0� PUBLIC OF WASH ".._� CITY OF KENT NOTICE OF ORDINANCES PASSED BY THE CITY COUNCIL The following are summaries of the ordinances passed by the Kent City Council on December 11, 2018. ORDINANCE NO. 4297 - AN ORDINANCE amending Chapter 9.36 of the Kent City Code, entitled "Traffic Code" by adding a new section 9.36.150, entitled "Stoplight traffic safety cameras," authorizing use of automated traffic cameras to detect stoplight violations; adopting the statutory standards and restrictions regarding use of automated traffic safety cameras; and setting the monetary penalty for infractions detected by an automated traffic safety camera. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. ORDINANCE NO. 4298 - AN ORDINANCE Amending Section 9.36.140 of the Kent City Code, entitled "School Speed Zone Traffic Safety Cameras," to increase the monetary penalty for an infraction committed in a school speed zone detected by an automated traffic safety camera. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. ORDINANCE NO. 4299 - AN ORDINANCE Granting Highline Water District a non- exclusive 15-year franchise to construct, maintain, operate, replace and repair a water system within public rights-of-way of the City of Kent, imposing a franchise fee in the amount of six percent on the District's revenues and setting forth other provisions concerning the relocation of District facilities to accommodate projects caused by the City and other projects not caused by the City. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect 30 days after its passage and publication ("Effective Date"). ORDINANCE NO. 4300 - AN ORDINANCE Granting Midway Sewer District a non- exclusive 15-year franchise to construct, maintain, operate, replace and repair a sewer system within public rights-of-way of the City of Kent, imposing a franchise fee in the amount of six percent on the District's revenues and setting forth other provisions concerning the relocation of District facilities to accommodate projects caused by the City and other projects not caused by the City. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect 30 days after its passage and publication ("Effective Date"). ORDINANCE NO. 4301 - AN ORDINANCE Approving the consolidating budget adjustments made between July 1, 2018 and November 14, 2018, reflecting an overall budget increase of $22,989,456. This ordinance shall take effect and be in force five days after publication, as provided by law. ORDINANCE NO. 4302 - AN ORDINANCE Dedicating a portion of City-owned property located at Morrill Meadows Park and abutting SE 248`" Street for right-of- way and other purposes, authorizing the Mayor to sign all documents necessary to finalize and define the dedications authorized by this ordinance, and directing the City Clerk to record a certified copy of this ordinance upon its passage. This ordinance shall take effect and be in force 30 days from and after its passage as provided by law. A copy of the complete text of any ordinance or resolution will be mailed upon request of the City Clerk. Kimberley A. Komoto, City Clerk Kent Reporter Friday,December 14,2018 13 Announcement. 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C.mmunlon use of out tadd imeln Pole, ,owing pit eye, M&W mmotm Used eat. all budget Innmp4a of F'umm PosiItion aw.npaP4+an December 25 peg Tea mm�pmry PenAl. $22 999,45$. andLbapmlp -5pm cn.p.I y ror Inm whe Zaps. This Ardinenae shall rake REPORTER (Everett,M) • M ,Dam Carols/ ed btu an ara mall trot.. effect and be in force `dwi Mondecnmmumon np eaN eeemam. nva a ya anar pub) e- The Daily Herald in Everett seeks a full-time .ae,tas,k, y • ) d by Taw -hr w.Men e t d -0611IMC,int, -Snohomish r¢pNTN'for the local news team. Much of moaes,Ia to Friday dt the county is urban and suburban,be we also ° tmYuwrebemaH o aoaea on sapm it •ssi,.eU.m.nu,om.wnoa have mountain wilderness and Puget Sound No ..commuckaRlfiede. islands in our coverage area. Reporters must ,old Pubihilral;In on inilill be comfortable mewing with an urban mayor -°1sog1AfaF"""a email: or slogging through mud in rubber boots. r=datu.na classified@ so p 9 F souMpubuaAtfg ""-.-"-. 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