Ordinance 3106-08 - Laserfiche WebLink

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 because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft. Timely mailing of this statement to the Everett Police Department relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Section 4: Prima facie presumption A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a stoplight violation, railroad crossing violation and/or school speed zone violation, together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, shall constitute 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. B. 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 Section 5: Processing of infractions. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record and shall be processed in the same manner as parking infractions. Section 6: Nonexclusive enforcement. Nothing in this chapter 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) as now in effect or hereinafter amended. Section 7: Fine. A. The fine for infractions detected under authority of, and committed pursuant to, the provisions of this chapter shall be a base monetary penalty of$124.00. Whenever, in the future, the state of Washington increases the fine imposed under this chapter, by legislation or court rule, the city's fine shall be increased to a like amount upon the effective date of such legislation or court rule, but in no event shall the penalty exceed the amount of any fine assessed for parking infractions within the city. 3