As used in this chapter, words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended:
AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM: A device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red light signal in violation of section 11-306 of the Illinois vehicle code 1 or a similar provision of this code.
AUTOMATED TRAFFIC LAW VIOLATION: A violation described in section 11-208.6 of the Illinois vehicle code 2 and pursuant to the provisions of this section wherein a vehicle enters an intersection identified in section 8-8-3 of this chapter against a red light signal in violation of section 11-306 of the Illinois vehicle code 3 or similar provision of this code.
CERTIFIED REPORT: A report concerning five (5) or more unpaid fines or penalties for automated traffic law violations made by the village to the secretary of state in accordance with section 6-306.5 of the Illinois vehicle code 4 .
DETERMINATION OF LIABILITY: Results when the registered owner or lessee fails to pay the one hundred dollar ($100.00) fine or contest the violation notice within twenty one (21) days of the issuance of the violation notice. If the owner or lessee fails to pay the fine within twenty one (21) days of the issuance of the violation notice or contest the violation notice, the fine becomes a debt due and owing the village.
FINAL DETERMINATION OF LIABILITY: Results from any of the following:
A. A person failed to timely pay the fine and/or late fee within fourteen (14) days after service of the determination of liability and all administrative review procedures provided in this section have been exhausted or expired; or
B. A person failed to timely pay the fine and/or late fee after a hearing officer's finding of liability and all administrative review procedures provided in this section have been exhausted or expired; or
C. A person failed to timely pay the fine and/or late fee, failed to timely appear at a scheduled administrative hearing, failed to timely pay the fine and/or late fee after service of the finding of liability (by reason of default judgment) and failed to file a petition to set aside the default judgment within fourteen (14) days of the date default judgment was entered or timely filed a petition to set aside a default judgment which was denied.
FINDING OF LIABILITY: Results after an administrative hearing is conducted in person or by mail and the administrative hearing officer determines that the registered owner or lessee is liable for an automated traffic law violation.
NOTICES:
Determination Of Liability Notice: A notice indicating that the owner or lessee failed to pay the one hundred dollar ($100.00) fine indicated in the violation notice within the requisite twenty one (21) day period and also failed to contest the violation notice within the requisite twenty one (21) day period. The determination of liability notice shall indicate that the fine amount, that being one hundred dollars ($100.00), is a debt due and owing the village. The notice shall further state that failure to pay the one hundred dollar ($100.00) fine within fourteen (14) days will result in a late fee of one hundred dollars ($100.00) added to the original fine.
Final Determination Of Liability Notice: A notice issued pursuant to section 11-208.3 of the Illinois vehicle code 5 indicating that a final determination of liability has been reached and that the registered owner or lessee of the offending vehicle is liable for an automated traffic law violation. A final determination of liability notice shall contain the language that the unpaid fine and late fee are a debt due and owing the village and that the village may petition the court for a judgment against the registered owner for the amount of the unpaid fine and late fee if it is not paid within the period of time specified. Further, the notice shall indicate that five (5) or more unpaid automated traffic law violations may result in the suspension of the registered owner's driver's license.
Finding Of Liability Notice: The notice sent by the traffic administrator after an administrative hearing indicating there has been a finding of liability by the administrative hearing officer. The finding of liability notice shall state that the registered owner or lessee has fourteen (14) days from the date of the issuance of the finding of liability notice to pay the fine and that failure to pay said fine within the fourteen (14) day period will result in a late fee of one hundred dollars ($100.00) being assessed.
Suspension Notice: A notice of impending driver's license suspension issued pursuant to section 11-208.3 of the Illinois vehicle code 6 and pursuant to the provisions of this section as the result of five (5) or more unpaid automated traffic law violations. A notice of suspension shall state that failure to pay the fines and penalties owing within forty five (45) days of the date of the suspension notice will result in the village notifying the secretary of state that the person is eligible for initiation of suspension proceedings pursuant to section 6-306.5 of the Illinois vehicle code 7 .
Violation Notice: A notice issued by the traffic administrator or his designee indicating that an automated traffic law violation occurred. Said notice shall be in accordance with sections 11-208.3 and 11-208.6 of the Illinois vehicle code 8 and shall include and specify the following:
A. The date, time and place of the violation;
B. A copy of the recorded images;
C. A statement that the recorded images are prima facie evidence of a violation of a red light signal;
D. The amount of the fine and the amount of a penalty that may be assessed for late payment;
E. The make of the vehicle (if readily discernible);
F. The state registration number;
G. The identification number or name of person issuing the notice;
H. A statement that payment of the indicated fine and any applicable penalty for late payment shall operate as a final disposition of the violation;
I. A warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle;
J. A statement that the person may elect to proceed by paying the civil penalty or by challenging the charge by requesting an administrative hearing; and
K. The time frame and manner in which an administrative hearing to challenge the violation may be obtained.
RECORDED IMAGES: Images showing the time, date, and location of an automated traffic law violation recorded by an automated traffic law enforcement system on:
A. Two (2) or more photographs;
B. Two (2) or more microphotographs;
C. Two (2) or more electronic images; or
D. A video recording showing the motor vehicle and clearly identifying the registration plate number of the motor vehicle on at least one image or portion of the recording.
SYSTEM: Individually, an automated traffic law enforcement system or, collectively, automated traffic law enforcement systems established in the village pursuant to the Illinois vehicle code 9 and this section.
TRAFFIC ADMINISTRATOR: The village administrator or his/her designee. (Ord. 2009-16, 6-9-2009)
Notes
| 1 | 1. 625 ILCS 5/11-306. |
| 2 | 2. 625 ILCS 5/11-208.6. |
| 3 | 3. 625 ILCS 5/11-306. |
| 4 | 4. 625 ILCS 5/6-306.5. |
| 5 | 1. 625 ILCS 5/11-208.3. |
| 6 | 2. 625 ILCS 5/11-208.3. |
| 7 | 1. 625 ILCS 5/6-306.5. |
| 8 | 2. 625 ILCS 5/11-208.3, 208.6. |
| 9 | 1. 625 ILCS 5/11-100 et seq. |