When the automated traffic law enforcement system records a motor vehicle overtaking or passing a school bus stopped for the purpose of receiving or discharging pupils in violation of section 11-1414 of the Illinois Vehicle Code, the Traffic Compliance Administrator shall, for each violation recorded, review and approve a written notice of the violation to the registered owner or lessee of the vehicle as the alleged violator. Prior to service of a notice of violation, the associated recorded image shall be reviewed by a technician employed or contracted by the City, who shall inspect the image and determine whether the motor vehicle was being operated in violation of section 11-1414 of the Illinois Vehicle Code, and whether one of the defenses enumerated herein is applicable upon inspection of the recorded image. 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 or lessee in the manner herein provided.
A. Each notice of an automated traffic law violation shall include the following:
1. 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owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States Post Office approved database;
2. The registration number of the motor vehicle involved in the violation;
3. The violations charged;
4. The location where the violation occurred;
5. The date and time of the violation;
6. A copy of the recorded images;
7. The amount of the civil penalty imposed and the date by which the civil penalty shall be paid if liability for the violation is not going to be contested;
8. A statement that the recorded images are evidence of a violation;
9. A warning that failure to either pay the civil penalty or to contest liability is an admission of liability and may result in a suspension of driving privileges of the registered owner or lessee of the vehicle in addition to other specified penalties for failing to appear at the hearing or pay the fine in advance of the hearing;
10. A statement that the registered owner or lessee of the vehicle may elect to proceed either by paying the fine stated in the notice of violation or by challenging the charge in a hearing.
B. The notice of violation shall be delivered by first class mail, postage prepaid, within ninety (90) days after the violation.
C. Each notice of violation shall be evidence of the facts contained in the notice and shall establish prima facie evidence of a violation, subject to rebuttal on the basis or the defenses established. (Ord. 20-O-05, 2-18-2020)