(A) (1) The owner of a vehicle being operated in violation of 625 ILCS 5/11-1426.1 may request a hearing by the respond-by date on the notice of violation (14 days from the date of issuance), to challenge the evidence or set forth an applicable defense. The notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of 625 ILCS 5/11-1426.1. The notice of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in 625 ILCS 5/11-1426.1.
(2) The owner’s failure to appear at the hearing will result in a finding of liability. In the event of a failure to appear, a findings, decision and order letter will be sent to the owner. The owner’s failure to pay the amount by the date specified in that letter will result in a final determination.
(B) The following may be considered defenses by the Hearing Officer for a violation as defined herein:
(1) That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred, and not under the control of or in the possession of the owner at the time of the violation (to demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner); and
(2) That the driver of the vehicle passed through the intersection when the light was red either:
(a) In order to yield the right-of-way to an emergency vehicle; or
(b) As part of a funeral procession.
(Prior Code, § 70.066) (Ord. 2016-001, passed 1-12-2016)