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ORDINANCE NO. 2251
AN ORDINANCE CREATING MOSES LAKE MUNICIPAL CODE CHAPTER
10.48 ENTITLED "AUTOMATED TRAFFIC ENFORCEMENT"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 10.48 of the Moses Lake Municipal Code entitled "Automated Traffic
Enforcement" is created as follows:
10.48.010 Preamble. Washington law now authorizes the use by cities of automated traffic
safety cameras for certain traffic enforcement. The city recognizes the value of
implementing an automated traffic enforcement program in furtherance of city goals
of creating a safer environment for its citizens.
10.48.020 Authorized Use of Automated Traffic Safety Cameras:
A. Law enforcement officers of the city and persons commissioned by the police chief
are authorized to use automated traffic cameras and related automated systems to
detect one or more of the following traffic infractions:
1.Stoplight infractions
2.Railroad crossing violations.
3.School speed zone violations.
B. The use of automated traffic cameras is subject to the following restrictions:
1.Use of traffic safety cameras is restricted to "two arterial intersections" (the
intersections of two arterial streets), railroad crossings and school speed zones
only.
2.Automated traffic cameras may only take pictures of the vehicle and the vehicle
license plate and only while an infraction is occurring. Pictures taken by
automated traffic safety cameras may not reveal the face of the driver or of the
passengers in the vehicle.
C. The city shall clearly mark all locations where automated traffic safety cameras are
in use 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.
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ORDINANCE NO. 2251
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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.
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ORDINANCE NO. 2251 PAGE 2
10.48.030 Notice of Infraction for Automated Traffic Control Systems:
A. Whenever any vehicle is photographed by an automatic traffic safety camera, a notice
of infraction 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 this section.
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 eighteen (18) days of receiving the written
notice, provide to the issuing 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 at the time 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 issuing law enforcement agency relieves a
rental car business of any liability under this chapter for the notice of infraction.
C. The law enforcement officer issuing the notice of infraction shall include with it a
certificate or facsimile thereof, based upon the inspection of photographs, micro-
photos or electronic images 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 chapter.
10.48.040 Request for Hearing: A person receiving a notice of infraction based on evidence
detected by an automated traffic safety camera may respond to the notice by mail.
The person receiving the infraction may also request a hearing.
10.48.050 Presumption of Committed Infraction - Presumption Overcome:
A. In a traffic infraction case involving an infraction detected through the use of a photo
enforcement system under RCW 43.63.170, as now enacted or hereafter amended,
or detected through the use of an automated traffic safety camera under this section,
proof that a particular vehicle de rsscrA,ibAe,dion it,h notice ne arei of traffic infraction w e nears in son
ORDINANCE NO. 2251 PAGE 2
10.48.030 Notice of Infraction for Automated Traffic Control Systems:• A. Whenever any vehicle is photographed by an automatic traffic safety camera, a notice
B. This presumption may be'm'aercomebny'irtriwr trOgiviueVAfiaritlintrii,teeaft41..,
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.•
Adopted by the City Council and signed by its Mayo,c_on-A01-71-1 , 20
Ronald C. Covey, FeyOr
ATTEST:
Ronald R. Cone, Finance Director
APPR VED AS TO FORM:
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ORDINANCE NO. 2251 PAGE 3
10.48.060 Infractions Processed: 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, as now enacted or hereafter amended. Additionally,
infractions generated by the use of automated traffic safety cameras under this
section shall be processed in the same manner as parking infractions prosecuted
under this code, including for the purposes of RCW 3.50.100, 3.62.040, 46.16.216,
and 46.20.270, and any other applicable statutes.
10.48.070 Fines: The fine for infractions committed pursuant to the provisions of this chapter
shall be One Hundred One Dollars ($101.00).
10.48.080 Non-exclusive 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 under RCW 46.63.030(1)(a), (b) or (c).
10.48.090 Authorization for Use of Electronic Signatures:
A.It is contemplated that in the use of traffic safety cameras the infractions would be
developed automatically through electronic programs tied to the traffic safety camera.
In order to minimize handling issues and to facilitate prompt transfer of charging
documents, the city wishes to use the electronic signature system authorized
pursuant to RCW Chapter 19.34.
B.In connection with the traffic safety camera program, the police chief or the chiefs
designee is authorized to utilize electronic signatures in accordance with the
provisions of RCW Chapter 19.34.
Section 2. This ordinance shall take effect and be in force five days after its passage and
publication of its summary as provided by law.
James A. 'taker, City Attorney
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