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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