Ord 94-222
ORDINANCE NO.
94-222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEDERAL WAY, WASHINGTON, AMENDING CHAPTER
15 OF THE FEDERAL WAY CITY CODE BY ADDING A
NEW SECTION 15-10 RELATING TO PHOTO RADAR.
WHEREAS,
the city of Federal Way has determined that the
general public health, safety, welfare, necessity and convenience
will be promoted with the adoption of a photo radar system by
deterring civil moving vehicle violations;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1.
Chapter 15 of the Federal Way city Code is hereby
amended by adding a new section 15-10 relating to the use of photo
radar, which section shall read as follows:
section 15-10.
Use of Photo Radar.
(A)
Authoritv:
Officers of the King County Police Department,
performing services for the City pursuant to Interlocal
Agreement between King County and the City of Federal Way
or the city's own police officers, may use a device known
as a photo radar unit. A photo radar unit detects,
photographs, and records information on every vehicle
that passes a particular roadway location while exceeding
a certain speed limit.
(B)
Procedure:
If any vehicle has been detected as having violated
the speeding restrictions of Chapter 15 of the Federal
Way City Code, the license plate number which appears on
the photograph which is taken by the unit and the
photograph of the driver of the vehicle will be used to
trace the registered owner of the vehicle through the
Washington State Department of Licensing. The registered
owner will then be sent by regular first class mail
within ten (10) days from the date of the offense a
citation and fine/bail schedule. The Infraction Rules
ORD # 94-222
, PAGE 1
COPt'
for Courts of Limited Jurisdiction
apply.
(IRLJ)
will then
(C) Presumption
Infractions:
Reaardina
certain
Traffic
(i) If any vehicle is driven in
violation of the speed restrictions of Federal
Way Code Chapter 15, then proof of the
identi ty of the person in whose name such
vehicle is registered may be sufficient
evidence that such person was responsible for
such violation, in the absence of probative
contrary evidence, and if the Municipal Court
is so persuaded.
(ii) Nothing in this section shall limit
the defenses to or evidence otherwise
probative and admissible concerning such
violation or responsibility therefor.
(D)
Dutv to Inform:
The registered owner of the vehicle, if found not
the person responsible for the violation, shall at the
request of the court or prosecutor, identify the person
responsible for the violation, if known at the time.
section 2.
Severabilitv.
The provisions of this ordinance
are declared separate and severable.
The invalidity of any clause,
sentence,
paragraph,
subdivision,
section,
or portion of this
ordinance or the invalidity of the application thereof to any
person or circumstance,
shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section
3.
Ratification.
Any
act
consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
ORD # 94-222
, PAGE 2
Section 4.
Effective Date.
This ordinance shall be effective
thirty (30) days after passage and publication as provided by law.
PASSED by the City Council of the City of Federal Way this
4th
day of
October
, 1994.
CITY OF FEDERAL WAY
/7/~ ¿& :Jk~
MAYOR! E. GATES
~-.
SWANEY, CMC
,APPROVED AS TO FORM:
~~. U~¡L
FILED WITH THE CITY CLERK: July 26, 1994
PASSED BY THE CITY COUNCIL: October 4, 1994
PUBLISHED: October 8, 1994
EFFECTIVE DATE: November 7. 1994
ORDINANCE NO. 94-222
K: \ORD I N\PHOTORAD .ADP
ORD #
94-222
, PAGE 3