Ordinance 4292ORDINANCE NO. 4292
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY
CAMERAS IN APPROVED LOCATIONS AND ADOPTING A
NEW CHAPTER 8.10 (AUTOMATED TRAFFIC SAFETY
CAMERAS); PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND SETTING AN EFFECTIVE DA TE.
WHEREAS, in 2022, the City initiated a pedestrian safety campaign and expressed
interest in the use of automated traffic safety cameras, as governed by RCW 46.63.170; and
WHEREAS, in 2022, the Washington State Legislature adopted amendments to that
statute to authorize the use of such cameras in additional areas, including on any roadway identified
in a school walk area, as well as in the previously authorized school speed zones; and
WHEREAS, RCW 46.63 .170 requires that local legislative authorities prepare an
analysis of proposed camera locations, and the City Council has approved Resolution No. 1514 to
adopt the required analysis prepared at the request of City staff; and
WHEREAS, RCW 46.63.170 requires that the City provide public notice and signage
relating to the automated traffic safety cameras, to include signs following the specifications of the
manual of unifonn traffic control devices that clearly indicate that the driver is within a school walk
area or that the driver is entering an area where speed violations are enforced by an automated traffic
safety camera; and
WHEREAS, the Edmonds Police Department has coordinated with the City Engineer
to provide the public with the required notice and signage; and
WHEREAS, RCW 46.63.170 requires that the City post annual reports with traffic
accident and infraction information and other relevant information about the automated traffic safety
cameras that the City deems appropriate on the City's website; and
WHEREAS, the Edmonds Police Department has coordinated with other City
departments to generate and post the reports required under the statute; and
WHEREAS, the City Council approves the use of automated traffic safety cameras at
the locations identified in the City's location analysis in school speed zones and school walk areas
within the City of Edmonds in accordance with the provisions of RCW 46.63 .170;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Authorization. City staff is authorized to install, operate, maintain and administer five
(5) automated traffic safety cameras at the locations identified in the City's location analysis in school
speed zones and school walk areas within the City of Edmonds in accordance with the provisions of
RCW 46.63.170, and the Mayor is hereby authorized to enter into any necessary agreements to
effectuate this purpose.
Section 2. Adoption of New Code Section. A new Chapter 8.10 as set forth in full in the
document attached to this ordinance is hereby adopted into the Edmonds City Code.
Section 3. 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 4. Corrections. The City Clerk is authorized to make necessary corrections to this
ordinance and the new Chapter 8.10 ECC including, but not limited to, the correction of scrivener's
and clerical errors, references, numbering, and any references thereto.
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:
~~J
2
ATTEST/AUTHENTICATED:
Cl~@y
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY~
JEFFTARADA -
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DA TE:
ORDINANCE NO.
February 17, 2023
February 21 , 2023
February 24, 2023
March l, 2023
4292
3
SUMMARY OF ORDINANCE NO. 4292
of the City of Edmonds, Washington
On the 21 st day of February 2023, the City Council of the City of Edmonds, passed Ordinance No.
4292. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY
CAMERAS IN APPROVED LOCATIONS AND ADOPTING A
NEW CHAPTER 8.10 (AUTOMATED TRAFFIC SAFETY
CAMERAS); PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 21 st day of February 2023.
4
Sections:
Chapter 8.10
AUTOMATED TRAFFIC SAFETY CAMERAS
8.10.010 Automated traffic safety cameras -Detection of violations-Restrictions .
8.10.020 Notice of infraction.
8.10.030 Prima fade presumption.
8.10.040 Infractions processed.
8.10.050 Fine.
8.10.060 Nonexclusive enforcement.
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) school speed zone violations; and (2) speed zone violations on any
roadway identified in a school walk area as defined by RCW 28A.160.160; 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 driver is
entering a zone where traffic laws are enforced by an automated traffic safety camera.
D. "Automated traffic safety camera" means a device that uses a vehicle sensor installed to
work in conjunction with 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 exceeds a speed limit to a school
speed zone or school walk area as detected by a speed measuring device.
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 when 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 EMC 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), 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.
8.10.10.030 Prima facie presumption.
A. In a traffic infraction case involving an infraction detected through the use of an automated
traffic safety camera under this chapter, proof that the particular vehicle described in the notice
of traffic infraction was involved in a stoplight violation or school speed zone violation, 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, shall constitute 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.
B. This presumption may be overcome only if the registered owner, under oath, states 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.
8.10.040 Infractions processed.
Infractions detected through the use of automated traffic safety cameras shall be processed in
the same manner as parking infractions.
8.10.050 Fine.
The fine for an infraction detected under authority of this chapter shall be a base monetary
penalty of $130.00; and provided further, that whenever, in the future, the state of Washington
increases the fine imposed under this chapter, by legislation or court rule, the city's fine shall be
increased to a like amount upon the effective date of such legislation or court rule.
8.10.060 Nonexclusive enforcement.
Nothing in this chapter 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 under
RCW 46.63.030(1 )(a), (b) or (c).
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior courl in lhe
counly in which it is published and is now and
has been for more than six months prior to lhe
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and 1s of genernl
circulation in said County, and is a legal
newspaper, 111 accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16 , 1941, and that the annexed
is a true copy of EDH972 l 64 ORDINANCE
4292/4293 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of I
issue(s), such publication commencing on
02/24/2023 and ending on 02/24/2023 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount
$37.84.
Subscribed and sworn
publication is
this
~,a_, day o '--.2&,,:J.~~~-
J.?~.:i
4~4v
Notary Public in and for the State of
Washington.
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Classified Proof
Proofed by Phillips, Linda, 02/24/2023 02:22:31 pm Page:2