9-100-030  Prima facie responsibility for violation and penalty – Parking, standing or compliance violation issuance and removal.
   (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 and the ticketing agent shall accurately record the state registration number of the ticketed vehicle. A prima facie case shall not be established when: (1) the ticketing agent has failed to specify the proper state registration number of the cited vehicle on the notice; (2) the city has failed to accurately record the specified state registration number; or (3) 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 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) if the operator drives away in the vehicle before notice can be served in the manner prescribed in items (i) or (ii) of this subsection, 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 administrator reasonably determines that (1) a state registration number was properly recorded by the city and its ticketing agent, 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)