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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owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States Post Office approved database;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)
(A) A person owing an unpaid fine or penalty for automated traffic law violation penalty may file a petition to set aside a final determination of such liability within 14 days after service by the city of a determination of liability notice.
(B) The grounds for such a petition shall be limited to:
(1) The person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued;
(2) The person having already paid the fine or penalty for the violation in question; and
(3) Excusable failure to appear at or request a new date for a hearing.
(C) Upon receipt of a timely petition to set aside the determination of liability, the Hearing Officer shall review the petition to determine if cause has been shown to set aside the determination. If cause has been shown, the city shall forward the petitioner a new hearing date on which the petitioner must appear to present his or her case. The city shall notify the petitioner of the Hearing Officer’s decision to grant a hearing or deny the petition within 14 days of the city’s receipt.
(Prior Code, § 70.068) (Ord. 07-060, passed 2-27-2007; Ord. 2014-052, passed 11-11-2014; Ord. 2015-022, passed 7-28-2015; Ord. 2016-001, passed 1-12-2016)
(A) (1) A notice of impending driver’s license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on five or more violations of this subchapter. The notice of impending driver’s license suspension shall state the following information:
(a) The failure to pay the fine owing within 45 days of the notice’s date will result in the city notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under § 6-306.5 of the Code;
(b) A statement that the person may obtain a copy of the original ticket imposing a fine by sending a self-addressed, stamped envelope to the city along with a request for the copy.
(2) The Traffic-Control Administrator, by certified report, shall request that the Secretary of State suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five automated traffic violations. The report shall be certified and contain the following:
(a) The name, last known address as recorded with the Secretary of State, as provided by the lessor of the cited vehicle at the time of lease, or as recorded in a United States Post Office approved database if any notice sent under this subchapter is returned as undeliverable, and driver license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in a state;
(b) The name of the municipality making the report pursuant to this section: and
(c) A statement that a notice of impending driver license suspension has been sent to the person named in the report at the address recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice sent under this subchapter is returned as undeliverable at the last known address recorded at a United States Post Office approved database; the date on which such notice was sent; and address to which such notice was sent.
(3) The Traffic-Control Administrator shall notify the Secretary of State whenever a person named in the certified report has paid the previously recorded fine or penalty or whenever the municipality determines that the original report was in error. A certified copy of such notification shall also be given upon request and at no additional charge to the person named therein.
(B) (1) If the Administrator provides a suspension notice to a vehicle owner and subsequently makes a certified report to the Secretary, the subject vehicle owner may challenge the accuracy of the certified report in writing. To do so, the vehicle owner must submit to the Administrator a written statement under oath, together with any supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report:
(a) The person was not the owner or lessee of the subject vehicle or vehicles receiving five or more automated traffic law violations on the date or dates such violation notices were issued; or
(b) The person already paid the fines or penalties for the five or more automated traffic law violations indicated on the certified report.
(2) Such statement and supporting documentation must be sent to the Administrator by certified mail, return receipt requested, or hand- delivered to the Administrator within five days after the person receives notice from the Secretary that the person’s driver license will be suspended at the end of a specified period of time unless the Secretary is presented with a notice from the city certifying that the fines or penalties due and owing have been paid or that the inclusion of the person’s name on the certified report was i n error.
(Prior Code, § 70.069) (Ord. 07-060, passed 2-27-2007; Ord. 2014-052, passed 11-11-2014; Ord. 2016-001, passed 1-12-2016)
Non-residents of the city who receive violation notices may contest the merits of the alleged automated traffic law violation without attending a hearing by sending a signed statement, under oath, together with any supporting documentation, to the Administrator via certified mail, return receipt requested, within 14 days after service of the violation notice. Such a statement shall set forth the reasons why a finding of liability should not be entered.
(Prior Code, § 70.070) (Ord. 07-060, passed 2-27-2007; Ord. 2014-052, passed 11-11-2014; Ord. 2015-022, passed 7-28-2015; Ord. 2016-001, passed 1-12-2016)
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