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(A) When the automated traffic law enforcement system records a motor vehicle entering an intersection in violation of 625 ILCS 5/11-1426.1, the city shall issue a written notice of violation to the registered owner or lessee of the vehicle, which shall be delivered by U.S. mail within 30 days after the Illinois Secretary of State notifies the city of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following the violation. The city shall only be required to notify a lessee if the leasing company/lessor provides the lessee’s name by an affidavit and a copy of the lease within 60 days of the notice’s issuance. If the driver information is not provided within 60 days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States Post Office approved database of the owner or lessee of the cited vehicle. The second notice shall be made by first class mail postage prepaid.
(B) (1) A notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by the Traffic- Control Administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation of 625 ILCS 5/11-1426.1, or whether one of the defenses enumerated in 625 ILCS 5/11-1426.2 is visibly applicable upon inspection. Upon determination that the recorded image captures a violation and that no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner provided for above. The Traffic-Control Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above-noted statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this subchapter.
(2) The notice of violation shall include the following information:
(a) The name and address of the registered owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States Post Office approved database;
(b) The make (only if discernable) and registration number of the motor vehicle involved in the violation;
(c) The violation charged;
(d) The location where the violation occurred;
(e) The date and time of the violation;
(f) A copy of the recorded images;
(g) The amount of the civil penalty and the date by which the penalty should be paid (14 days from the date of issuance), if a hearing is not requested, and a statement that the payment of the fine shall operate as a final disposition of the violation;
(h) A statement that a failure to pay the civil penalty by the date noted may result in an additional late fee being assessed against the owner or lessee;
(i) The amount of the late fee;
(j) A statement that the failure to pay by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle;
(k) A statement that the recorded images constitute prima facie evidence of a violation:
(l) A statement that the person may elect to proceed by paying the fine or challenging the charge in court, by mail or by administrative hearing; and
(m) A statement of how an administrative hearing may be requested.
(D) It shall be a violation of this subchapter for a vehicle to disregard a traffic-control device or turn on red in violation of § 11-306 of the Code.
(E) (1) A determination of automated traffic law violation liability shall occur following failure to pay the fine or penalty, or to contest the alleged violation within 14 days of the notice of violation.
(2) Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the Hearing Officer will enter findings, decision and order’s determination of automated traffic law violation liability which shall become final:
(a) Upon denial of a timely petition to set aside that determination; or
(b) Upon expiration of the period for filing such a petition without a filing having been made.
(3) If a person appears at a hearing and is found liable or contests the Violation by mail and is found liable, the Hearing Officer will enter findings, decision and order, which is a final determination of automated traffic law violation liability that is a final, appealable order.
(Prior Code, § 70.065) (Ord. 2014-052, passed 11-11-2014; Ord. 2015-022, passed 7-28-2015; Ord. 2016-001, passed 1-12-2016)
(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)
(A) A final determination of an automated traffic law violation(s) liability shall occur:
(1) Following the failure to pay the total assessed fine or penalty after the Hearing Officer’s determination of vehicular standing, parking, compliance regulation or automated traffic law violation(s) liability within the required 25 days and, the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth; or
(2) Where a person fails to appear at a prior requested administrative hearing provided to contest the alleged standing, parking or compliance regulation violation(s) on the date and at the time and place specified, in a prior served or mailed notice, or fails to appear at the hearing for an automated traffic law violation on the date and at the time and place specified in a prior mailed notice. The Hearing Officer’s determination of vehicular standing, parking, compliance regulation or automated traffic law violation(s) liability shall become final upon the exhaustion of or the failure to exhaust any administrative or judicial review procedures hereinafter set forth:
(a) Upon denial of a timely petition to set aside that determination; or
(b) Upon the expiration of the period for filing a petition without a filing having been made.
(B) (1) A determination of automated traffic law violation liability shall occur following failure to pay the fine or penalty, or to contest the alleged violation within 14 days of the notice of violation. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the Hearing Officer will enter findings.
(2) Decision and order’s determination of automated traffic law violation liability which shall become final:
(a) Upon denial of a timely petition to set aside that determination; or
(b) Upon expiration of the period for filing such a petition without a filing having been made.
(3) If a person appears at a hearing and is found liable or contests the violation by mail and is found liable, the Hearing Officer will enter findings, decision and order, which is a final determination of automated traffic law violation liability that is a final, appealable order.
(C) A notice of final determination shall be sent following the final determination of automated traffic law violation liability and the conclusion of judicial review. Service of said notice shall be deemed complete upon deposit in the United States mail. The notice of final determination shall include the following information:
(1) A statement that the unpaid fine is a debt due and owing to the city; and
(2) A warning that a failure to pay any fine due and owing to the city within 14 days may result in a petition to the Circuit Court of Cook County to have the unpaid fine rendered as a judgment or may result in the suspension of the person’s driver’s license for failure to pay fines or penalties for five or more violation under this subchapter.
(Prior Code, § 70.067) (Ord. 2014-052, passed 11-11-2014; Ord. 2016-001, passed 1-12-2016)
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