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HomeMy WebLinkAboutOrdinance 25-018 Adopting SVMC 9.60 Traffic Safety Camera ProgramCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.25 — 018 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY ADOPTING CHAPTER 9.60 OF THE SPOKANE VALLEY MUNICIPAL CODE ESTABLISHING THE CITY'S AUTOMATED TRAFFIC SAFETY CAMERA PROGRAM, AND OTHER MATTERS RELATED THERETO. WHEREAS, pursuant to Article XI, section 11 of the Washington State Constitution, and RCW 46.63.210 et seq., the City of Spokane Valley has the power to regulate the use of its rights -of -way and to that end may adopt an ordinance authorizing the use of automated traffic safety cameras to regulate speed and other activities thereon; and WHEREAS, the City has conducted preliminary evaluations of specific school zones to estimate the volume and speeds of vehicles in order to determine where automated traffic safety cameras would have the greatest impact on safety for school -aged children, and families; and WHEREAS, the City is currently preparing analyses for future camera placement in accordance with RCW 46.63.220; and WHEREAS, pursuant to RCW 46.63.030, the City may designate a public works employee performing under the supervision of a qualified traffic engineer to review infractions detected by an automated traffic safety camera, and to issue notices of infractions; and WHEREAS, the City desires to establish this automated traffic safety cameras program to promote the public health, safety and welfare of rights -of -way users, including bicyclists, pedestrians, and motor vehicle drivers. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Adopting chapter 9.60 SVMC titled "Automated Traffic Safety Camera Program". Chapter 9.60 of the Spokane Valley Municipal Code is hereby adopted as follows: 9.60.010 Purpose. Pursuant to the authority granted by chapter 46.63 RCW, the City is authorized to use automated traffic safety cameras and related automated systems to detect, record, enforce, and prosecute specific traffic violations. This chapter shall establish the City's automated traffic safety program in accordance with RCW 46.63.210 et seq. The purpose of the program is to promote the health, safety and welfare of all rights -of -way users by creating a safer environment for all. 9.60.020 Definitions. The definitions of the terms below shall apply throughout this chapter: "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 front or rear of a motor vehicle at the time the vehicle exceeds a speed limit as detected by a speed measuring device. "School speed zone" has the same meaning as described in RCW 46.61.440 (1) and (2). Ordinance 25-018 Automated Traffic Safety Camera Program Page 1 of 7 "School walk zone" means a roadway identified under RCW 28A.160.160 or roadways within a one -mile radius of a school that students use to travel to school by foot, bicycle, or other means of active transportation. "School zone speed limit" shall mean twenty miles per hour. "Regulatory speed limit" shall mean the regular posted speed limit of the roadway outside of school speed zone hours. 9.60.030 Authorized use of automated traffic safety camera A. Pursuant to RCW 46.63.250, the City is authorized to use automated traffic safety cameras and related automated systems to detect speed violations, including but not limited to school speed zone violations. B. Use of automated traffic safety cameras to detect speed violations is restricted to use in the following locations: 1. School speed zones 2. School walk zones C. Additionally, the City may authorize the use of one additional automated traffic safety camera per 10,000 population to detect speed violations in locations deemed by the City Council to experience higher crash risks due to excessive vehicle speeds. 9.60.040 Analysis of proposed locations — Camera placement A. The City shall prepare an analysis of the locations where automated traffic safety cameras are proposed to be located before adding traffic safety cameras to a new location, or relocating any existing cameras withing the jurisdiction. The analysis shall consider the impact on livability, accessibility, economics, education, and environmental health, and demonstrate the need for traffic cameras based on one or more of the following in the vicinity of the proposed camera location: 1. Travel by vulnerable road users; 2. Evidence of vehicles speeding; 3. Rates of collision; 4. Reports showing near collisions; and 5. Anticipated or actual ineffectiveness or infeasibility of other mitigation measures. B. Camera placement — The primary purpose of camera placement is to record images of the vehicle and vehicle license plate when an infraction is occurring. The City shall consider installing automated traffic safety cameras in a manner that minimizes the impact of camera flash on drivers. 9.60.050 General restrictions — Reporting requirements A. Limited access facility on -ramp —Automated traffic safety cameras may not be used on an on - ramp to a limited access facility as defined in RCW 47.52.010. Ordinance 25-018 Automated Traffic Safety Camera Program Page 2 of 7 B. State Highways - The city may use automated traffic safety cameras to enforce traffic ordinances on state highways that are also classified as city streets under chapter 47.24 RCW. The City shall notify the Washington State Department of Transportation when it installs an automated traffic safety camera to enforce traffic ordinances as authorized in this subsection. C. Annual Reports — The City shall post an annual report on its website with the following information: 1. Number of traffic crashes at each location where an automated traffic safety camera is located; 2. Number of notices of infraction issued for each camera; 3. Percentage of revenues received from fines issued used to pay for the costs of the automated traffic safety camera program; and 4. Report the uses of revenues that exceeded the costs of operation and administration of the automated traffic safety camera program. D. Washington Traffic Safety Committee Reports — The City shall provide the Wahington traffic safety commission data in the form and manner specified by the commission pursuant to RCW 46.63.220(b)(ii). E. Notices of infractions may not be issued to the registered vehicle owner of: 1. A marked fire engine equipped with emergency lights and siren; or 2. An ambulance licensed by the department of health and equipped with emergency lights and siren; or 3. A marked police vehicle actively using emergency lights and siren. 9.60.060 Signage and public notice A. All locations where an automated traffic safety camera is used shall be clearly marked by placing signs at least 30 days prior to activation of the camera in locations that clearly indicate to a driver either that: 1. The driver is within an area where automated traffic safety cameras are authorized; or 2. The driver is entering an area where violations are enforced by an automated traffic safety camera. The signs shall be readily visible to a driver approaching an automated traffic safety camera. Signs shall comport with the specifications and guidelines under that Manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the Washington State Department of Transportation under chapter 47.36 RCW. B. The advanced notice and signing in this section shall be the minimum public notice required, though additional forms of public notice may also be given. 9.60.070 Infraction Processing. A. Issuing Authority. An employee of the City's Public Works Department performing under the supervision of a qualified traffic engineer and as designated by the City Manager or designee has Ordinance 25-018 Automated Traffic Safety Camera Program Page 3 of 7 the authority to issue a notice of infraction when the infraction is detected through the use of an automated traffic safety camera pursuant to this chapter and RCW 46.63.220 through 46.63.260, and to issue notices of infraction consistent with RCW 46.63.220(9). Notwithstanding the foregoing, 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). B. Notice mailed. A notice of infraction shall 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 pursuant to SVMC 9.60.120. C. Accompanying certificate or facsimile. 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. The certificate or facsimile described herein is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. 9.60.080 Adjudication of infraction. A. Response. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail or as otherwise indicated on the notice of infraction. B. Availability of evidence. The photographs, microphotographs, or electronic images evidencing the violation shall be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. C. Responsibility for infraction. The registered owner of a vehicle is responsible for an infraction issued pursuant to this chapter unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under SVMC 9.60.120 of this chapter. 9.60.090 Limitation on photos — Use of photos. A. Automated traffic safety cameras may only record images of the vehicle and vehicle license plate while an infraction is occurring. The image must not reveal the face of the driver or of passengers in the vehicle. B. All photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of authorized City employees in the discharge of duties pursuant to this chapter 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 chapter. C. Photographs, microphotographs, or electronic images, or any other personally identifying data shall not be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter. 9.60.100 Penalties The amount of the fine issued for an infraction generated using an automated traffic safety camera shall be Ordinance 25-018 Automated Traffic Safety Camera Program Page 4 of 7 as described below. A. General speed infraction. The penalty for a speed infraction committed outside of school speed zone hours shall be as follows: Speed Violation Fine Amount Exceeding the Regulatory $100 Speed Limit 6+ MPH Exceeding the Regulatory $145 Speed Limit 11+ MPH B. School speed zone infraction. The penalty for a speed infraction committed within a designated school speed zone during school speed zone hours shall be as follows: Speed Violation Fine Amount Exceeding the School Zone $145 Speed Limit by 6+ MPH Exceeding the School Zone $290 Speed Limit by 1 l+ MPH C. Any fees and penalties for failure to respond shall follow the standard court schedule for infractions. D. Pursuant to RCW 46.63.220(15), registered owners of vehicles who receive notices of infraction for automated traffic safety camera -enforced infractions and are recipients of public assistance under Title 74 RCW or participants in the Washington women, infants, and children 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 50 percent of what would otherwise be assessed for a first automated traffic safety camera violation and for subsequent automated traffic safety camera violations issued within 21 days of issuance of 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. The City Manager or designee may establish an online ability -to -pay calculator to process and grant requests for reduced fines or reduced civil penalties for automated traffic safety camera violations. 9.60.110 No Effect on Driving Record Infractions detected using automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. 9.60.120 Rental car business. A. If the registered owner of the vehicle is a rental car business, the issuing agency must, before a notice of infraction being issued pursuant to this chapter, 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 issuing agency Ordinance 25-018 Automated Traffic Safety Camera Program Page 5 of 7 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 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 3. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. B. Timely mailing of this statement to the issuing agency relieves a rental car business of any liability under this chapter for the notice of infraction. 9.60.130 Compensation to camera vendor. The compensation paid to the manufacturer or vendor of the equipment used 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. 9.60.140 Use of revenue generated by the automated safety camera program. A. The City may utilize revenue generated by the automated safety camera program for: 1. Traffic safety activities related to construction and preservation projects and maintenance and operations purposes including, but not limited to, projects designed to implement the complete streets approach as defined in RCW 47.04.010, changes in physical infrastructure to reduce speeds through road design, and changes to improve safety for active transportation users, including improvements to access and safety for road users with mobility, sight, or other disabilities; and 2. The cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions. B. Uses described in 9.60.140(A)(1) shall include use of revenue in census tracts of the City that have household incomes in the lowest quartile determined by the most currently available census data and areas that experience rates of injury crashes that are above average for the city or county. Funding contributed from traffic safety program revenue must be, at a minimum, proportionate to the share of the population of the county or city who are residents of these low-income communities and communities experiencing high injury crash rates. This share must be directed to investments that provide direct and meaningful traffic safety benefits to these communities. Revenue used to administer, install, operate, and maintain automated traffic safety cameras, including the cost of processing infractions, are excluded from determination of the proportionate share of revenues under this subsection 9.60.140(B). C. Beginning four years after an automated traffic safety camera authorized pursuant to this chapter is initially placed and in use, 25 percent of the noninterest money received for infractions issued by such cameras in excess of the cost to administer, install, operate, and maintain the cameras, including the cost of processing infractions, must be deposited into the Cooper Jones active Ordinance 25-018 Automated Traffic Safety Camera Program Page 6 of 7 transportation safety account created in RCW 46.68.480. 9.60.150 Publication of automated traffic safety program policies This ordinance and other automated traffic safety camera program policies shall be published on the City's website. Section 2. Other sections unchanged. All other provisions of the Spokane Valley Municipal Code not specifically referenced herein shall remain in full force and effect. 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. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this 16"' day of December 2025. ( r� Mayor, Pam Haley ATTEST: Maw, ;4�,=) Marci Pa erson, City Clerk Approved As To Form: Ordinance 25-018 Automated Traffic Safety Camera Program Page 7 of 7