Spokane Municipal Code

Title 16A Transportation

Chapter 16A.64 Automated Traffic Camera Systems

Section 16A.64.240 Notice and Disposition of Traffic Infractions

1. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and RCW 46.52.120. Additionally, infractions and resulting penalties generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions under state law, including, but not limited to RCW 3.46.120, RCW 3.50.100, RCW 35.20.220, RCW 46.16A.120, RCW 46.20.270(3), RCW 46.63.110, RCW 46.63.190, and RCW 46.63.220, as they may be amended from time to time. A notice of infraction for violations detected through the use of automated traffic safety cameras shall result in a fine equal to the total penalty, including the base penalty plus any statutory assessments authorized under state law, for such violations otherwise detected by a police officer.

2. If the registered owner of the vehicle is a rental car business, the police department shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the police department by return mail:

1. 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

1. 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; or

1. 3. in lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.

Timely mailing of this statement to the police department relieves a rental car business of any liability under this section for the notice of infraction.

3. Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction at the time a violation occurs to a person in control of a vehicle under the Washington Model Traffic Ordinance.

4. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person’s request, the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.

1. 1. Except as provided in this subsection, registered owners of vehicles who receive notices of infraction for automated traffic safety camera-enforced infractions and are recipients of public assistance under Title 74 RCW or participants in the Washington women, infants, and children program, and who request reduced penalties for infractions detected through the use of automated traffic safety camera violations, must be granted reduced penalty amounts of 50 percent of what would otherwise be assessed for a first automated traffic safety camera violation and for subsequent automated traffic safety camera violations issued within 21 days of issuance of the first automated traffic safety camera violation. Eligibility for Medicaid under RCW 74.09.510 is not a qualifying criterion under this subsection. Registered owners of vehicles who receive notices of infraction must be provided with information on their eligibility and the opportunity to apply for a reduction in penalty amounts through the mail or internet.

 

Date Passed: Thursday, November 14, 2024

Effective Date: Friday, December 20, 2024

ORD C36601 Section 3