10.65.050 Notice of infraction.
A. Whenever a photograph, microphotograph, or electronic image taken by an automatic traffic safety camera captures a school zone violation or a stoplight violation, then a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of the vehicle within 14 days of establishing the renter’s name and address under this section.
B. If the registered owner of the vehicle is a rental car business, then before a notice of infraction is issued under subsection A of this section, the city shall first 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 18 days of receiving the written notice, provide to the city by return mail:
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 (must be accompanied by a copy of a filed police report regarding the vehicle theft); or
3. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
Timely mailing of a valid statement to the city relieves a rental car business of any liability under this chapter for the notice of infraction.
C. The law enforcement officer issuing the notice of infraction shall include with it a certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate, or facsimile thereof, is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter.
D. The registered owner of a vehicle is responsible for an infraction detected through the use of an automated traffic safety camera unless the registered owner overcomes the presumption set forth in BMC 10.65.070 or, in the case of a rental car business, satisfies the conditions under subsection B in this section. If appropriate under the circumstances, a renter identified under subsection B of this section is responsible for an infraction. (Ord. 2371 § 1 (Att. A), 2021).