ORD 09-613
ORDINANCE NO. 09-613
AN ORDINANCE ofthe City of Federal Way, Washington, relating to
automated traffic cameras; amending FWRC 8.05.090. (Amending
Ordinance No. 05-508)
WHEREAS, the City has previously authorized the use of automated traffic safety cameras
pursuant to state law; and
WHEREAS, the City wishes to clarify that the penalty for violations detected through the use
of an automated traffic safety camera should be the same as the standard penalty; and
WHEREAS, such penalties are consistent with state law, current practice, and current court
rules.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 8.05.090 shall be amended to read as follows:
8.05.090 Authority for local use of automated safety cameras.
(1) Automated traffic safety cameras may be used to detect stoplight or school speed zone
violations. This section is intended to provide authorizing language as required under RCW
46.63.170.
(2) Use of automated traffic safety cameras is restricted to two-arterial intersections and school
speed zones only.
(3) Automated traffic safety cameras may only take pictures ofthe vehicle and vehicle license
plate and only while an infraction is occurring. The picture must not reveal the face of the driver
or of passengers in the vehicle.
(4) All locations where an automated traffic safety camera is used must be clearly marked 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.
(5) For the purpose of this section, "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 at
the time the vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed
limit in a school zone as detected by a speed measuring device.
Ordinance No. 09-613
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(6) 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).
(7) This section shall be applied as prescribed by RCW 46.63.170.
(8) Violations detected through the use of an automated traffic safety camera shall be issued
with a monetary penalty equal to the same total penalty issued for such violations if detected by
an officer without the use of an automated traffic safety camera, including the base penalty plus
any statutory assessments authorized under state law, as set by the state supreme court, statute, or
other court rule. However, in no case shall such penalties be issued in an amount that exceeds
the amount of a fine that may be issued for a infraction involving a parking violation and shall be
processed in the same manner as a parking infraction. Such infractions may be issued with a
penalty up to the maximum fine allowed for parking infractions, which are up to the amounts
authorized pursuant to FWRC 8.05.040 and FWRC 8.05.100.
(Ord. No. 05-508, 9 7, 11-1-05. Code 2001 9 15-14.)
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity ofthe remaining portions of this
chapter or its application to any other person or situation. The City Council ofthe City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 09-613
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Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this 2 day of June, 2009.
CITY OF FEDERAL WAY
ATTEST:
,CMC
APPROVED AS TO FORM:
~t1. ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 06-06-2009
EFFECTIVE DATE: 07-06-2009
ORDINANCE NO.: 09-613
5-12-2009
06-02-2009
Ordinance No. 09-613
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