As used in this chapter, unless the context requires otherwise:
AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM: A device within the village with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a steady or flashing red signal indication in violation of section 11-306 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/11-306, or similar violation of the Bensenville village code.
CODE: Any municipal ordinance except for: a) building code violations that must be adjudicated pursuant to 65 Illinois Compiled Statutes 5/11-31.1 in its current form, and as may be amended from time to time, and b) any offense under the Illinois vehicle code or a similar offense that is a traffic regulation governing the movement of vehicles other than a violation pursuant to an automated traffic law enforcement system which shall be enforced pursuant to this chapter and except for any reportable offense under section 6-204 of the Illinois vehicle code. In the case of a proceeding pursuant to the automated traffic law enforcement system governed by this chapter, "code" means the Illinois vehicle code, 625 Illinois Compiled Statutes 5/1-100 et seq.
DISREGARDING A TRAFFIC CONTROL DEVICE: Failure to stop and remain stopped before an intersection that is controlled by a red signal as provided for in section 11-306 of the Illinois vehicle code or similar provision of the Bensenville village code.
HEARING OFFICER: A municipal employee or an officer or agent of the municipality, other than a law enforcement officer, whose duty it is to:
A. Preside at an administrative hearing called to determine whether or not a code violation exists;
B. Hear testimony and accept evidence from all interested parties relevant to the existence of a code violation;
C. Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing;
D. Issue and sign a written finding, decision, and order stating whether a code violation exists; and
E. Impose penalties, sanctions or such other relief consistent with applicable code provisions and assessing costs upon finding a party liable for the charged violation, except however, that in no event shall the hearing officer have authority to impose a penalty of incarceration.
MUNICIPAL AND/OR MUNICIPALITY AND/OR VILLAGE: The village of Bensenville, Illinois.
NO TURN ON RED: Failure to stop and remain stopped, and not proceeding to turn right, at an intersection controlled by both a sign indicating "No turn on red", or other similar language, and a red signal as provided for in section 11-306 of the Illinois vehicle code or similar provision of the Bensenville village code.
RECORDED IMAGES: Images produced by the automated traffic law enforcement system, which consist of either two (2) or more photographs; two (2) or more microphotographs; two (2) or more electronic images; or, a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle. (Ord. 12-2008, 3-18-2008)