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Ordinance 3106-08
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Ordinance 3106-08
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Ordinances
Ordinance Number
3106-08
Date
12/3/2008
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B. Use of automated traffic safety cameras is limited to taking pictures of the vehicle <br /> and vehicle license plate only, and only while an infraction is occurring. Pictures may <br /> not reveal the face of the driver or of passengers in the vehicle. <br /> C. Each location where an automated traffic safety camera is used shall be clearly <br /> marked by signage placed in a manner that clearly indicates to a driver that the driver <br /> is entering a zone where traffic laws are enforced by an automated traffic safety <br /> camera. <br /> D. Notwithstanding any other provision of law, all photographs, microphotographs <br /> and electronic images prepared under this chapter are for the exclusive use of law <br /> enforcement in the discharge of duties under this chapter and, as provided in RCW <br /> 46.63.170(1)(f), they are not open to the public and may not be used in a court in a <br /> pending action or proceeding unless the action or proceeding relates to a violation <br /> under this chapter. No photograph, microphotograph or electronic image may be used <br /> for any purpose other than enforcement of violations under this chapter nor retained <br /> longer than necessary to enforce this chapter. <br /> Section 3: Notice of Infraction. <br /> A. A notice of infraction based on evidence detected through the use of an automated <br /> traffic safety camera shall be mailed to the registered owner of the vehicle within 14 <br /> days of the violation, or to the renter of a vehicle within 14 days of establishing the <br /> renter's name and address under subsection C.1 of this section. The law enforcement <br /> officer issuing the notice of infraction shall include with it a certificate or facsimile <br /> thereof, based upon the inspection of photographs, microphotographs, or electronic <br /> images produced by an automated traffic safety camera, citing the infraction and <br /> stating the facts supporting the notice of infraction. This certificate or facsimile shall <br /> be prima facie evidence of the facts contained in it and shall be admissible in a <br /> proceeding charging a violation under this chapter. The photographs, <br /> microphotographs, or electronic images evidencing the violation must be available for <br /> inspection and admission into evidence in a proceeding to adjudicate the liability for <br /> the infraction. A person receiving a notice of infraction based on evidence detected by <br /> an automated traffic safety camera may respond to the notice by mail. <br /> B. The registered owner of a vehicle is responsible for a notice of infraction detected <br /> through use of an automated traffic safety camera unless the registered owner <br /> overcomes the presumption in Section 4 of this chapter, or, in the case of a rental car <br /> business, satisfies the conditions under subsection C of this section. If appropriate <br /> under the circumstances, a renter identified under subsection C.1 of this section is <br /> responsible for such an infraction. <br /> C. If the registered owner of a vehicle responsible for a notice of infraction detected <br /> through use of an automated traffic safety camera is a rental car business, the Chief of <br /> Police or his designee shall, before such a notice of infraction is issued, provide a <br /> written notice to the rental car business that a notice of infraction may be issued to the <br /> rental car business if the rental car business does not, within 30 days of receiving the <br /> written notice,provide to the Everett Police Department by return mail: <br /> 2 <br />
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