9-100-010 Purpose – Scope – Adoption of rules and regulations.
9-100-020 Violation – Penalty.
9-100-030 Prima facie responsibility for violation and penalty – Parking, standing or compliance violation issuance and removal.
9-100-040 Violation notices – Contents, distribution and recordkeeping.
9-100-045 Notice of violation – Automated speed enforcement system and automated traffic law enforcement system violations.
9-100-050 Determination of liability.
9-100-055 Requests for administrative adjudication.
9-100-060 Grounds for contesting a violation.
9-100-070 Administrative in-person hearings – Procedure.
9-100-080 Administrative hearings – Procedure.
9-100-090 Hearing – Determination of liability or of no liability – Petition.
9-100-100 Notice of final determination.
9-100-101 Reserved.
9-100-105 Reserved.
9-100-110 Liability of City employees for certain violations.
9-100-111 Officers and employees of law enforcement agencies.
9-100-120 Immobilization program.
9-100-130 Reserved.
9-100-140 Lessor of vehicle not liable for violations – When.
9-100-150 Owner of vehicle not liable for violations when in custody of valet.
9-100-160 Installment payment plans.
9-100-170 Clear Path Relief Program.
(a) The purpose of this chapter is to provide for the administrative adjudication of violations of ordinances defining parking, standing, compliance, automated speed enforcement system, and automated traffic law enforcement system violations, and to establish a fair and efficient system for the enforcement of such ordinances. The administrative adjudication system set forth in this chapter is established pursuant to Division 2.1 of the Illinois Municipal Code and Sections 11-208.3, 11-208.6 and 11-208.8 of the Illinois Vehicle Code.
(b) The comptroller shall serve ex officio as the city's traffic compliance administrator and in that capacity is authorized to:
(i) adopt, distribute, and process parking, standing, compliance, automated traffic law enforcement system and automated speed enforcement system violation notices and additional notices, collect money paid as fines and penalties for parking, compliance automated traffic law enforcement system, and automated speed enforcement system violations;
(ii) establish procedures necessary for the prompt, fair and efficient operation of the administrative adjudication system; and
(iii) adopt rules and regulations pertaining to: the administrative adjudication process, the selection and appointment of administrative law officers, the content of forms and procedures, and the daily operation of the administrative adjudication of parking, standing, compliance, automated traffic law enforcement system, and automated speed enforcement system violations.
(c) The traffic compliance administrator may delegate to the department of administrative hearings his authority to appoint administrative law officers, to adopt rules and regulations pertaining to administrative adjudication proceedings and to conduct administrative adjudication proceedings, including the functions of the traffic compliance administrator set forth in Sections 9-100-070(a); 9-100-080(a), (b) and (g); 9-100-090(c); 9-100-130(c); and subsection (b)(iii) of this section.
(d) Subject to the availability of duly appropriated funds, the traffic compliance administrator is authorized to enter into service contracts with vendors to be selected by the traffic compliance administrator for the purpose of receiving self-release immobilization devices lawfully removed pursuant to approval by the traffic compliance administrator. Such vendors may receive the lawfully removed self-release immobilization devices directly or through subcontractors to be selected by the contractors, subject to the approval of the traffic compliance administrator. The services contract may contain such terms as the traffic compliance administrator deems necessary to effectuate the purpose of this subsection.
The traffic compliance administrator is authorized to adopt rules for the proper administration and enforcement of this subsection.
(Prior code § 27.1-1; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 11-13-07, p. 14999, Art. I, §§ 4 and 7; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 5)
(a) The violation of any provision of the traffic code prohibiting or restricting vehicular standing or parking, or establishing a compliance, automated speed enforcement system, or automated traffic law enforcement system violation, shall be a civil offense punishable by fine, and no criminal penalty, or civil sanction other than that prescribed in the traffic code, shall be imposed.
(b) The fines listed below shall be imposed for a violation of the following sections of the traffic code:
Traffic Code Section | Fine |
Traffic Code Section | Fine |
$90.00
| |
9-40-060(a)(2) |
$250.00 |
9-64-020(a)
|
$25.00
|
9-64-020(b)
|
$75.00
|
9-64-020(c)
|
$25.00
|
$50.00
| |
9-64-040(b)
|
$60.00
|
$250.00
| |
$60.00
| |
$60.00
| |
$100.00
| |
9-64-090(d) and (e)
|
$75.00
|
$50.00
| |
9-64-100(a)
|
$150.00
|
9-64-100(b) and (c) | |
9-64-100(d)
|
$75.00
|
9-64-100(e) and (h)
|
$100.00
|
9-64-100(f) and (g)
|
$60.00
|
9-64-110(a)(1)
|
$100.00
|
9-64-110(a)(2) | |
9-64-110(c), (d) and (e)
|
$60.00
|
9-64-110(b), (f) and (g)
|
$75.00
|
9-64-110(h) | |
$100.00 | |
$50.00
| |
$150.00
| |
$100.00
| |
9-64-150(a)
|
$100.00
|
9-64-150(b)
|
$75.00
|
$60.00
| |
9-64-170(a)
|
$75.00, if the vehicle has a gross vehicle weight rating of less than 8,000 pounds; $125.00, if the vehicle has a gross vehicle weight rating of 8,000 pounds or more
|
9-64-170(b) | |
9-64-170(c) | |
$60.00
| |
9-64-190(a) | |
9-64-190(b)
|
$70.00
|
9-64-190(c) | |
9-64-200(b)
|
$50.00
|
$50.00
| |
9-68-025(d) |
$75.00 |
9-80-110(a)
|
$75.00
|
9-80-110(b)
|
$75.00
|
9-80-120(a) | |
9-80-120(b) | |
$50.00
| |
(c) The fines listed below shall be imposed for violation of the following sections of the traffic code:
Traffic Code Section | Fine |
Traffic Code Section | Fine |
$75.00
| |
$25.00
| |
$25.00
| |
9-64-125(b)
|
$200.00
|
9-64-125(c) |
$250.00 |
9-64-125(d) |
$30.00 |
9-68-020(a)(3) |
$30.00 |
9-68-020(b)(3) |
$30.00 |
$25.00
| |
$25.00
| |
$25.00
| |
$25.00
| |
$25.00
| |
$25.00
| |
$25.00
| |
$25.00
| |
$25.00
| |
$25.00
| |
9-76-110(a)
|
$25.00
|
$25.00
| |
$25.00
| |
9-76-140(a)
|
$250.00
|
9-76-140(b) | |
9-76-160(a)(1)-(4)
|
$60.00
|
9-76-160(a)(5)-(7) |
$250.00 |
9-76-160(b) |
$60.00 |
$25.00
| |
$25.00
| |
$25.00
| |
9-76-220(a) and (b) | |
(d) The fines listed below shall be imposed for a violation of the following sections of the traffic code:
(Prior code § 27.1-2; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 11-1-95, p. 9068; Amend Coun. J. 11-15-95, p. 11995; Amend Coun. J. 3-26-96, p. 19161, § 16, effective 1-1-97; Amend Coun. J. 2-7-97, p. 38959; Amend Coun. J. 4-16-97, p. 42621; Amend Coun. J. 11-19-97, p. 57861; Amend Coun. J. 11-10-99, p. 14998, § 4.1; Amend Coun. J. 11-17-99, p. 17487, § 4.1; Amend Coun. J. 12-12-01, p. 75777, § 5.11; Amend Coun. J. 7-29-03, p. 6166, § 4; Amend Coun. J. 11-5-03, p. 10746, § 1; Amend Coun. J. 11-19-03, p. 14216, § 6.4; Amend Coun. J. 12-17-03, p. 14966, § 1; Amend Coun. J. 5-26-04, p. 24880, § 1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 3-9-05, p. 44095, § 1; Amend Coun. J. 4-11-07, p. 102914, § 1; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 3-12-08, p. 22781, § 1; Amend Coun. J. 7-9-08, p. 32613, § 1; Amend Coun. J. 11-5-08, p. 43707, § 5; Amend Coun. J. 2-11-09, p. 55033, § 1; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. II, § 1; Amend Coun. J. 11-16-11, p. 13793, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. IX, § 4; Amend Coun. J. 11-16-11, p. 14596, Art. IV, § 1; Amend Coun. J. 2-15-12, p. 20533, § 1; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 11-8-12, p. 38812, § 2; Amend Coun. J. 11-26-13, p. 67528, § 4; Amend Coun. J. 4-30-14, p. 79799, § 2; Amend Coun. J. 5-28-14, p. 81917, § 3; Amend Coun. J. 11-19-14, p. 98037, § 12; Amend Coun. J. 11-16-16, p. 37901, Art. III, § 9; Amend Coun. J. 11-16-16, p. 38042, Art. IV, § 3; Amend Coun. J. 11-8-17, p. 59344, § 2; Amend Coun. J. 4-18-18, p. 76374, § 2; Amend Coun. J. 9-20-18, p. 84327, § 3; Amend Coun. J. 11-7-18, p. 88803, § 22; Amend Coun. J. 11-26-19, p. 11514, Art. IV, § 8; Amend Coun. J. 4-21-21, p. 29728, § 7; Amend Coun. J. 11-7-22, p. 55595, Art. IV, § 5; Amend Coun. J. 3-15-23, p. 61150, Art. III, § 1)
(a) Whenever any vehicle exhibits a parking, standing, or compliance violation, any person in whose name the vehicle is registered with the Secretary of State of Illinois or such other state's registry of motor vehicles shall be prima facie responsible for the violation and subject to the penalty therefor. The City shall accurately record the state registration number of the ticketed vehicle. A prima facie case shall not be established when: (1) the City has failed to specify and accurately record the proper state registration number of the cited vehicle on the notice; or (2) for the purposes of Section 9-64-125, the registered owner was not a resident of the City on the day the violation was issued.
(b) Whenever any vehicle exhibits a parking, standing, or compliance violation, any police officer, traffic control aide, other designated member of the Police Department, parking enforcement aide or other person designated by the Traffic Compliance Administrator observing such violation, or any person designated by the Traffic Compliance Administrator when a violation is enforced by an automated parking enforcement system, may issue a violation notice, as provided for in Section 9-100-040 and serve the notice on the owner of the vehicle by: (i) handing the notice to the operator of the vehicle, if the operator is present, or (ii) affixing the notice to the vehicle in a conspicuous place, or (iii) mailing the notice to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the City of the identity of the owner or lessee of the vehicle, but not later than 90 days after the date of the violation, except that in the case of a lessee of a motor vehicle, service of a parking, standing or compliance violation shall occur no later than 210 days after the date of the violation. The issuer of the notice shall specify on the notice his or her identification number, the particular ordinance allegedly violated, the make and state registration number of the cited vehicle, and the place, date, time and nature of the alleged violation, and shall certify the correctness of the specified information by signing his or her name as provided in Section 11-208.3 of the Illinois Vehicle Code, as amended.
(c) The Traffic Compliance Administrator shall withdraw a violation notice when said notice fails to establish a prima facie case as described in this section; provided, however, that a violation notice shall not be withdrawn if the Traffic Compliance Administrator reasonably determines that (1) a state registration number was properly recorded by the City, and (2) any discrepancy between the vehicle make or model and the vehicle registration number as set forth in the violation notice is the result of the illegal exchange of registration plates. A final determination of liability that has been issued for a violation required to be withdrawn under this subsection (c) shall be vacated by the City. The City shall extinguish any lien which has been recorded for any debt due and owing as a result of the vacated determination and refund any fines and/or penalties paid pursuant to the vacated determination.
(d) It shall be unlawful for any person, other than the owner of the vehicle or his designee, to remove from a vehicle a violation notice affixed pursuant to this chapter.
(Prior code § 27.1-3; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 2-7-97, p. 38959; Amend Coun. J. 7-30-97, p. 49902; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 2-10-10, p. 84658, § 2; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 4; Amend Coun. J. 4-24-20, p. 15058, § 1; Amend Coun. J. 3-15-23, p. 61150, Art. III, § 2)
(a) Parking, standing and compliance violation notices shall contain the information required under Section 9-100-030. In addition, the notices shall state the applicable fine as provided in Section 9-100-020, the monetary penalty which shall be automatically assessed for late payment, the vehicle immobilization and driver's license suspension (if applicable) may be imposed if fines and penalties are not paid in full, that payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation, and information as to the availability of an administrative hearing in which the violation may be contested on its merits and the time and manner in which such hearing may be had.
(b) The traffic compliance administrator shall distribute parking, standing and compliance violation notices to parking enforcement aides, other persons authorized to issue such violation notices, and the department of police for issuance pursuant to Section 9-100-030. The superintendent of police shall be responsible for the distribution of the notice forms within the department of police, shall maintain a record of each set of notices issued to individual members of the department and shall retain a receipt for every set so issued.
(Prior code § 27.1-4; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 5)
(a) Subject to subsection (b) of this section, for each violation of Section 9-101-020 or Section 9-102-020, the department of finance shall mail a violation notice to the address of the registered owner of the vehicle as recorded with the Secretary of State within 30 days after the Secretary of State notifies the traffic compliance administrator of the owner of such vehicle, but in no event later than 90 days after the violation; provided that if the vehicle is leased and the lessor has provided the name and address of the lessee in compliance with Section 9-100-140(c), the department of finance shall mail a violation notice to the lessee of the vehicle within 30 days after the lessor notifies the traffic compliance administrator of the name and address of lessee, but in no even later than 210 days after the violation. The notice shall include all applicable information required in Sections 11-208.3, 11-208.6 and 11-208.8 of the Illinois Vehicle Code, 625 ILCS 5/11-208.3, 5/11-208.6 and 5/11-208.8.
(b) (1) No citation for a violation of Section 9-101-020 shall be issued until after the expiration of 30 days after the installation of a new automated speed enforcement system on a roadway. For any violation of Section 9-101-020 occurring during such 30-day period, the department of finance shall, within 30 days after receiving information about the registered owner of the vehicle from the Secretary of State, mail a warning notice to the registered owner of the vehicle used in the commission of the violation; provided that if the vehicle is leased and the lessor has provided the name and address of the lessee pursuant to Section 9-100-140(c), the department of finance shall mail a warning notice to the lessee of the vehicle within 30 days after the lessor notifies the traffic compliance administrator of the name and address of the lessee. The warning shall advise such owner or lessee that the vehicle was used in the commission of a violation of Section 9-101-020 and any further violations of the section will result in the issuance of a citation.
(2) In addition to the warning notice provided in subsection (b)(1), for the first violation of Section 9-101-020, the department of finance shall, within 30 days after receiving information about the registered owner of the vehicle from the Secretary of State, mail a warning notice to the registered owner of the vehicle used in the commission of the violation; provided that if the vehicle is leased and the lessor has provided the name and address of the lessee in compliance with Section 9-100-140(c), the department of finance shall mail a warning to the lessee of the vehicle within 30 days after the lessor notifies the traffic compliance administrator of the name and address of lessee. The warning notice shall advise such owner or lessee that the vehicle was used in the commission of a violation of Section 9-101-020 and any further violations of the section will result in the issuance of a citation. After the first warning notice issued to the owner or lessee pursuant to this subsection (b)(2), the department of finance shall issue a notice of violation in compliance with subsection (a).
(c) Prior to the issuance of any notice of a violation, the determination of the violation of Section 9-101-020 or Section 9-102-020, and the review of that determination, shall be in accordance with the provisions of subsection (b)(3) of Section 11-208.3 of the Illinois Vehicle Code, 625 ILCS 5/11-208.3.
(d) A notice of violation served in accordance with this section shall be prima facie evidence of the correctness of the facts shown on the notice.
(Added Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 6.)
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