11.31.090 - Traffic infractions detected through the use of an automated traffic safety camera
A. A notice of infraction based on evidence detected through the use of an automated traffic safety camera 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 under subsection 11.31.090.C.1. The peace officer, or other City employee authorized to review citations under RCW 46.63.030, 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 of Section 11.50.070, Section 11.50.140, Section 11.50.150, Section 11.50.250, Section 11.50.260, Section 11.52.040, or Section 11.52.100, Section 11.58.272, Section 11.58.295, or a restricted lane violation. 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.
B. A person receiving such a notice of infraction may respond to the notice by mail. The registered owner of a vehicle is responsible for such an infraction unless the registered owner overcomes the presumption in subsection 11.31.090.E, or, in the case of a rental car business, satisfies the conditions under subsection 11.31.090.C. If appropriate under the circumstances, a renter identified under subsection 11.31.090.C.1 is responsible for such an infraction.
C. If the registered owner of the vehicle is a rental car business, the peace officer, or other City employee authorized to review citations under RCW 46.63.030, shall, before such 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 peace officer 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 peace officer, or other City employee authorized to review citations under RCW 46.63.030, relieves a rental car business of any liability under this Chapter 11.31 for the notice of infraction.
D. The term "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 system or 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. An automated traffic safety camera includes a camera used to detect violations other than stoplight, railroad crossing and school speed zone violations as authorized by and subject to the restrictions imposed by the Washington Legislature.
E. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera, proof that the particular vehicle described in the notice of traffic infraction was in violation of Section 11.50.140, Section 11.50.150, Section 11.50.250, Section 11.50.260, Section 11.52.040, or Section 11.52.100, Section 11.58.272, Section 11.58.295, or a restricted lane violation, 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 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.
(Ord. 127213, § 3, 2025; Ord. 126892, § 1, 2023; Ord. 126841, § 2, 2023 [amended expiration date of Ord. 126183]; Ord. 126183, § 1, 2020; Ord. 124686, § 2, 2015; Ord. 123946, § 6, 2012; Ord. 123170, § 2, 2009 [cross-reference and style update]; Ord. 122725, § 1, 2008; Ord. 122554, § 1, 2007 [cross-reference update]; Ord. 121944, § 3, 2005.)