HomeMy WebLinkAbout4297 ORDINANCE NO. 4297
AN ORDINANCE of the City Council of the
City of Kent, Washington, 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.
RECITALS
A. Traffic accidents involving right-angle collisions at high rates
of speed are often the result of stoplight violations, and studies have
shown that these accidents involve more serious injury than other kinds of
accidents at signalized intersections.
B. The strategic placement of automated traffic safety cameras
at traffic control signal intersections has been shown to reduce the
frequency of violations, thereby reducing the risks to the public.
C. The City of Kent has numerous intersections that would
benefit from the placement of automated traffic safety cameras.
D. RCW 46.63.170 authorizes local jurisdictions to use
automated traffic safety cameras to enforce stoplight violations at
1 KCC 9.36.150
Traffic Safety Cameras Ordinance
intersections of two arterials with traffic control signals that have yellow
change interval durations.
E. Consistent with the requirements of RCW 47.36.022, the
duration of the yellow change intervals at the City's signalized intersections
are at least as long as the minimum yellow change interval identified in the
manual on uniform traffic control devices.
F. Pursuant to RCW 46.63.170, this ordinance establishes the
City's use of automated traffic safety cameras at intersections where two
arterial roadways intersect, and sets forth the restrictions, public notice,
and signage requirements, as well as the processing and procedural
requirements for use of the automated traffic safety cameras.
G. As required by RCW 46.63.170, the Kent Police Department
and American Traffic Solutions performed an analysis of the following
intersections of two arterials: 104th Ave SE and SE 240th St - Eastbound
and Westbound approaches; 104th Ave SE and SE 256th St - Northbound
and Eastbound approaches; 84th Ave S and S 212th St - Northbound and
Southbound approaches; Central Ave N and E James St - Northbound and
Eastbound approaches; Central Ave N and E Smith St - Northbound and
Southbound approaches; and S Kent Des Moines Rd and Pacific Hwy S -
Eastbound approach. A summary of the analysis of these locations is
attached hereto as Exhibit A.
H. Funds derived from the use of automated traffic safety
cameras shall be used to cover the costs of administering the program.
Funds in excess of those used to cover the costs of administering the
program shall be utilized for enforcement and processing of traffic and
criminal laws in the city.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 KCC 9.36.150
Traffic Safety Cameras Ordinance
ORDINANCE
SECTION 1. - Amendment. Chapter 9.36 of the Kent City Code,
entitled "Traffic Code," is amended by adding a new section 9.36.150
entitled, "Stoplight traffic safety cameras," as follows:
Sec. 9.36.150. Stoplight 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 stoplight 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
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,
3 KCC 9.36.150
Traffic Safety Cameras Ordinance
I
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 days of the violation, or
to the renter of a vehicle within fourteen 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 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
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
4 KCC 9.36.150
Traffic Safety Cameras Ordinance
infraction is issued under this section, provide a written notice to the rental
j car business that a notice of infraction may be issued to the rental car
business if the rental car business does not, within eighteen 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
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
C. In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
Timely mailing of the statements described in subsections C.4.a and C.4.b
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
5 KCC 9.36.150
Traffic Safety Cameras Ordinance
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. A driver facing a steady red traffic control signal
shall stop and shall remain stopped until an indication to proceed is shown.
It shall be an infraction to proceed through a stoplight at the intersections
of two arterials enforced through the use of an automated traffic safety
camera. The penalty for a stoplight infraction detected through the use of
an automated traffic safety camera shall be one hundred thirty-six dollars
($136). In addition to the fine provided herein, 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. Stoplight locations must be signed. All locations where an
automated traffic safety camera is used must be clearly marked at least
thirty 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 j
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).
6 KCC 9.36.150
Traffic Safety Cameras Ordinance
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
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,
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 City 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.
7 KCC 9.36.150
Traffic Safety Cameras Ordinance
Dallu ]Tdd
December 11 2018
DANA RALPH, MOOR Date Approved
ATTEST:
�/"L' 0 w December '11, 20118
KI BERLEY A. MOTO, CITY CLEkC Date Adopted
December 14 2p18
Date Published
APPROVED AS TO FORM"
ARt R'"PA ' FITZPATRICK, CI ATTORNEY
8 KCC 9.36.150
Traffic Safety Cameras Ordinance
p c 1
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 .
Polly SAIeph
Publisher, Kent Reporter
Subscribed and sworn to me this 140 day of December, 2018 .
*in
ibb C, ary Public for the State of Washington, Residing in
, shington
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25,':;, -'t
N, EM/0 \
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
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