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HomeMy WebLinkAboutOrdinance 4446 ORDINANCE NO. 4446 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 8.10 ECC (AUTOMATED TRAFFIC SAFETY CAMERAS) TO PROVIDE FOR TWENTY-FOUR HOUR OPERATION OF SCHOOL SPEED ZONE AND SCHOOL WALK ZONE CAMERAS, TO REVISE THE FINE STRUCTURE FOR SCHOOL ZONE AND SCHOOL WALK ZONE INFRACTIONS, TO UPDATE DEFINITIONS AND STATUTORY REFERENCES TO CONFORM TO CHAPTER 307, LAWS OF 2024, AND CHAPTER 123, LAWS OF 2026; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, in February 2023, the City Council passed Ordinance No. 4292, which adopted a new Chapter 8.10 (Automated Traffic Safety Cameras) of the Edmonds City Code authorizing the use of automated traffic safety cameras in school speed zones and school walk areas pursuant to former RCW 46.63.170; and WHEREAS, in June 2024, the City Council passed Ordinance No. 4361 to amend Section 8.10.010 of the Edmonds City Code to authorize automated traffic safety cameras at certain stoplight intersections; and WHEREAS, in the 2024 Regular Session, the Washington State Legislature enacted Engrossed Substitute House Bill 2384 (Chapter 307, Laws of 2024), which took effect on June 6, 2024, and which repealed former RCW 46.63.170 and re-enacted the statutory framework governing automated traffic safety cameras as new sections of chapter 46.63 RCW, now codified at RCW 46.63.210 through 46.63.260; and WHEREAS, in December 2024, the City Council passed Ordinance No. 4374 to amend ECC 8.10.050 to increase the base fine for automated traffic safety camera violations and to revise the fine structure to conform to state law as it then existed; and WHEREAS, in the 2026 Regular Session, the Washington State Legislature enacted Engrossed Second Substitute Senate Bill 6066 (Chapter 123, Laws of 2026), which took effect on June 11, 2026, and which further amended RCW 46.63.210 and 46.63.220 to, among other things, provide that the maximum fine for an infraction generated through the use of an aut omated traffic safety camera may not exceed $145.00 (subject to periodic inflation adjustment by the Office of Financial Management beginning January 1, 2029), but may be doubled for a school speed zone infraction; and WHEREAS, portions of chapter 8.10 ECC continue to reference former RCW 46.63.170 and use the term "school walk area," which have been superseded by RCW 46.63.210 through 46.63.260, and by the defined term "school walk zone" set forth in RCW 46.63.210, respectively, and it is in the interest of the public to update chapter 8.10 ECC accordingly; and WHEREAS, scientific evidence demonstrates that reducing or eliminating speeding improves road safety by reducing both the likelihood of crashes and the severity of resulting injuries, and evidence indicates that driver behavior and recidivism are influenced both by a high perceived probability of enforcement and by graduated penalties tied to the severity of the violation; and WHEREAS, the City has data demonstrating that excess speeding is occurring in the City's school speed zones and on roadways within the City's school walk zones outside of school arrival and dismissal times, and the City Council has determined that it is in the best interests of the public to authorize twenty-four hour per day, seven day per week operation of the automated traffic safety cameras deployed in school speed zones and school walk zones; and WHEREAS, the City Council has further determined that it is in the best interests of the public to establish a graduated fine schedule that (a) imposes higher penalties on infractions occurring during school zone infraction hours, when reduced school-zone speed limits are in effect and children are most likely to be present, and (b) imposes penalties within statutory limits on school walk zone infractions occurring at all other times; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 8.10.010 is amended to read as follows (new text is shown in underline; deleted text is shown in strike through): 8.10.010 Automated traffic safety cameras – Detection of violations – Restrictions. A. City law enforcement officers and persons commissioned by the Edmonds police chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of: (1) traffic control device violations as defined by RCW 46.61.050(1) at the stoplight intersections described in subsection (E) of this section; (2) school speed zone violations; and (3) speed zone violations on any roadway identified in a school walk area zone as defined by RCW 28A.160.160 as defined in RCW 46.63.210; provided, however, pictures of the vehicle and the vehicle license plate may be taken only while an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. B. Before adding additional cameras or relocating any existing camera to a new location, an analysis of the locations where automatic traffic safety cameras are proposed must be presented to the city council for approval. C. Each location where an automated safety camera is used shall be clearly marked by signs and/or flashing beacons placed in locations that clearly indicate to a driver that the dri ver is entering a zone where traffic laws are enforced by an automated traffic safety camera. D. The following definitions apply throughout this chapter: 1. "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 whenever a vehicle fails to stop at a stoplight intersection as defined in RCW 46.61.055(3)(a) or exceeds a speed limit in a school speed zone or school walk area zone as detected by a speed measuring device. 2. "School speed zone" has the same meaning as described in RCW 46.61.440(1) and (2), and refers to the marked school speed zones in the City of Edmonds where a reduced speed limit is in effect when children are present or when otherwise indicated by posted signs or activated flashing beacons. 3. "School walk zone" has the same meaning as set forth in RCW 46.63.210, and means a roadway identified under RCW 28A.160.160 or a roadway within a one-mile radius of a school that students use to travel to school by foot, bicycle, or other means of active transportation. 4. "School zone infraction hours" means the times during a school day when the reduced school speed zone speed limit under RCW 46.61.440 is in effect, as indicated by posted signs, activated flashing beacons, or the presence of children as applicable to the particular location. "Non-school-zone-infraction hours" means all other times. E. Automated traffic safety cameras are approved at the following stoplight intersections: 1. 220th Street SW and SR 99; 2. 100th Avenue W and SR 104. F. The itemization of intersections in subsection (E) of this section is solely for the purpose of approving the locations of automated traffic safety cameras at stoplight intersections. Subsection (E) of this section shall not be construed to limit the enforcement of violations pertaining to school speed zone violations or speed zone violations on any roadway identified in a school walk area as defined by RCW 28A.160.160 zone. G. Automated traffic safety cameras located in school speed zones and on roadways within school walk zones are authorized to operate twenty-four (24) hours per day, seven (7) days per week. Infractions detected by such cameras during school zone infraction hours shall be issued as school speed zone infractions. Infractions detected by such cameras during non- school-zone-infraction hours at locations within a school walk zone shall be issued as school walk zone infractions. Section 2. ECC 8.10.020 is amended to read as follows (new text is shown in underline; deleted text is shown in strike through): 8.10.020 Notice of infraction. A. A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. B. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before 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 18 days of receiving the written notice, provide to the agency by return mail: (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 w hen 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 agency shall relieve the rental car business of any liability under this chapter for the infraction. C. The law enforcement officer issuing a notice of infraction shall include with it a certificate or facsimile thereof, based upon the inspection of photographs, microphotographs or electronic images produced by an automated traffic safety camera, citing the infraction and stating the facts supporting the notice of infraction. This certificate or facsimile shall be prima facie evidence of the facts contained in it and shall be admissible in a proceeding charging a violation under this chapter. 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. D. The registered owner of a vehicle is responsible for an infraction detected through the use of an automated traffic safety camera unless the registered owner overcomes the presumption set forth in ECC 8.10.030, or, in the case of a rental car business, satisfies the conditions under subsection (B) of this section. If appropriate under the circumstances, a renter identified under subsection (B) of this section is responsible for an infraction. E. All photographs, microphotographs or electronic images prepared under this chapter are for the exclusive use of law enforcement in the discharge of duties under this chapter and, as provided in RCW 46.63.170(1)(i) RCW 46.63.220(11), they 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 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 to enforce this chapter. Section 3. ECC 8.10.050 is amended to read as follows (new text is shown in underline; deleted text is shown in strike through): 8.10.050 Fine. A. The fine for a traffic control signal violation detected through the use of an automated traffic safety camera shall be equal to the monetary penalty for a violation of RCW 46.61.050 as provided under RCW 46.63.110, including all applicable statutory assessments. Whenever the state of Washington increases the fine imposed for a violation of RCW 46.61.050, by legislation or court rule, the city's fine shall be increased to an amount equal to the increase imposed by legislation or court rule upon the effective date of such legislation or court rule. A. The fine for a traffic control signal violation detected through the use of an automated traffic safety camera shall be $145.00. B. The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera may not exceed $145.00, as adjusted for inflation by the office of financial management every five years, beginning January 1, 2030, based upon changes in the consumer price index during that time period. B. Fines for school speed zone and school walk zone infractions. 1. School speed zone infractions. The fine for a school speed zone infraction detected through the use of an automated traffic safety camera during school zone infraction hours shall be: a. Zero (0) to five (5) miles per hour over the posted school speed zone speed limit: no infraction issued. b. Six (6) to ten (10) miles per hour over the posted school speed zone speed limit: $200.00. c. Greater than ten (10) miles per hour over the posted school speed zone speed limit: $290.00. 2. School walk zone infractions. The fine for a school walk zone infraction detected through the use of an automated traffic safety camera during non-school-zone-infraction hours shall be: a. Zero (0) to six (6) miles per hour over the posted speed limit: no infraction issued. b. Greater than six (6) miles per hour over the posted speed limit: $144.00. C. Statutory cap and future adjustments. No fine imposed under this section shall exceed the maximum fine permitted under RCW 46.63.220(16), as it may be amended from time to time. Whenever the state of Washington, by legislation or court rule, changes the maximum fine that may be imposed for an infraction detected by an automated traffic safety camera, the fines set forth in this section shall be automatically adjusted as necessary to remain within the maximum permitted under state law upon the effective date of such legislation or court rule; provided, however, that no fine set forth in this section shall be increased solely by operation of this paragraph without further action by the City Council. DC. Registered owners of vehicles who receive notices of infraction for automated traffic safety camera-enforced infractions and are recipients of public assistance under RCW Title 74 or participants in the Washington Women, Infants, and Children (WIC) Nutrition Program, and who request reduced penalties for infractions detected through the use of automated traffic safety camera violations, must be granted reduced penalty amounts of fifty percent (50%) of what would otherwise be assessed for a first automated traffic safety camera violation and for subsequent automated traffic safety camera violations issued within twenty- one (21) days of issuance of the first automated traffic safety camera violation. Eligibility for Medicaid under RCW 74.09.510 is not a qualifying criterion under this subsection. Registered owners of vehicles who receive notices of infraction must be provided with information on their eligibility and the opportunity to apply for a reduction in penalty amounts through the mail or internet. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, MIKE ROSEN ATTEST/AUTHENTICATE: CITY CLERK, LUKE LONIE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: AUGUST 11, 2026 PASSED BY THE CITY COUNCIL: AUGUST 18, 2026 PUBLISHED: AUGUST 21, 2026 EFFECTIVE DATE: AUGUST 26, 2026 ORDINANCE NO: 4446 Jeff Taraday (Aug 19, 2026 14:15:25 PDT) Jeff Taraday JefT ardTy (Aug 19, 2026 14:21:00 5PD ) SUMMARY OF ORDINANCE NO. 4446 of the City of Edmonds, Washington On the 18th day of August, 2026, the City Council of the City of Edmonds, passed Ordinance No. 4446 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 8.10 ECC (AUTOMATED TRAFFIC SAFETY CAMERAS) TO PROVIDE FOR TWENTY-FOUR HOUR OPERATION OF SCHOOL SPEED ZONE AND SCHOOL WALK ZONE CAMERAS, TO REVISE THE FINE STRUCTURE FOR SCHOOL ZONE AND SCHOOL WALK ZONE INFRACTIONS, TO UPDATE DEFINITIONS AND STATUTORY REFERENCES TO CONFORM TO CHAPTER 307, LAWS OF 2024, AND CHAPTER 123, LAWS OF 2026; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of August, 2026. CITY CLERK, LUKE LONIE Ordinance 4446 Final Audit Report 2026-08-19 Created:2026-08-19 By:Luke Lonie (Luke.Lonie@EdmondsWa.Gov) Status:Signed Transaction ID:CBJCHBCAABAApEIz-PT51xji_cteJ5B5fZvmVQekH28j "Ordinance 4446" History Document created by Luke Lonie (Luke.Lonie@EdmondsWa.Gov) 2026-08-19 - 6:32:58 PM GMT Document emailed to Jeff Taraday (jeff@lighthouselawgroup.com) for signature 2026-08-19 - 6:33:04 PM GMT Email viewed by Jeff Taraday (jeff@lighthouselawgroup.com) 2026-08-19 - 9:14:28 PM GMT Document e-signed by Jeff Taraday (jeff@lighthouselawgroup.com) Signature Date: 2026-08-19 - 9:15:25 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Mike Rosen (Mike.Rosen@EdmondsWa.Gov) for signature 2026-08-19 - 9:15:27 PM GMT Email viewed by Mike Rosen (Mike.Rosen@EdmondsWa.Gov) 2026-08-19 - 10:20:47 PM GMT Document e-signed by Mike Rosen (Mike.Rosen@EdmondsWa.Gov) Signature Date: 2026-08-19 - 10:21:00 PM GMT - Time Source: server - Signature Appearance Selected: DRAW Document emailed to Luke Lonie (Luke.Lonie@EdmondsWa.Gov) for signature 2026-08-19 - 10:21:02 PM GMT Email viewed by Luke Lonie (Luke.Lonie@EdmondsWa.Gov) 2026-08-19 - 10:56:34 PM GMT Document e-signed by Luke Lonie (Luke.Lonie@EdmondsWa.Gov) Signature Date: 2026-08-19 - 10:56:51 PM GMT - Time Source: server - Signature Appearance Selected: MOBILE_IMAGE Agreement completed. 2026-08-19 - 10:56:51 PM GMT