The system of administrative adjudication of vehicle standing or parking regulation violation, vehicle compliance violation, vehicle sticker violation, automated traffic law enforcement violation or any other ordinance violation authorized to be adjudicated pursuant to this section 10-2-9 shall be in accordance with the following procedures:
A. Marked Intersection: An intersection equipped with an automated traffic law enforcement system must be posted with a sign visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system.
B. Violation Notice: Notice of vehicular standing or parking regulation violation, vehicle compliance violation, automated traffic law enforcement violation or vehicle sticker violation or other ordinance violation shall be issued by the persons authorized and shall contain information and shall be served, and have evidentiary admissibility as is set forth in this section 10-2-9.
C. Authorization: All full time police officers as well as other specifically appointed individuals shall have the authority to issue violation notices.
D. Violation Detection: Any individual authorized pursuant to this section 10-2-9 to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this section 10-2-9 or a violation of any section of any village ordinance restricting, regulating or prohibiting the standing or parking of motor vehicles, the vehicle compliance requirements, automated traffic law enforcement violations or the vehicle sticker requirements shall issue a notice of violation thereof and shall make service thereof as is set forth in this section 10-2-9.
E. Contents Of Standing, Parking And Compliance Regulation Violation Notice: The vehicular standing, parking and compliance regulation "violation notice" shall contain, but shall not be limited to, the following information:
1. The date, time and place of the violation (date of issuance).
2. The particular vehicular standing, parking or compliance regulation violated.
3. Vehicle make and state registration number.
4. The fine and any penalty which may be assessed for late payment.
5. The signature and identification number of the person issuing the notice.
6. A section entitled "request for hearing" which shall clearly set forth that the registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the violation notice by:
a. Checking or placing a mark in a space provided and clearly identified "request for hearing".
b. Placing his/her name and current address in the place provided.
c. Signing his/her name in the appropriate indicated place.
d. Filing the violation notice, with the request for hearing portion fully completed, with the traffic compliance administrator postmarked by the twenty fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth and the end of the prior month. The request shall be deemed filed upon receipt by the traffic compliance administrator.
7. The date, time and place of an administrative hearing at which the violation may be contested on its merits.
8. That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
9. A section entitled "nonresident request for hearing - nonappearance", which clearly sets forth that a nonresident registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice without personally appearing by:
a. Checking or placing a mark in a space provided and clearly identified "nonresident request for hearing - nonappearance".
b. Placing his/her name and current address in the place provided.
c. Signing his/her name in the appropriate indicated place.
d. Filing the violation notice, with the "nonresident request for hearing" portion fully completed, with the traffic compliance administrator postmarked by the twenty fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth and the end of the prior month. The request shall be deemed filed upon receipt by the traffic compliance administrator.
e. Filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the traffic compliance administrator postmarked by the twenty fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth and the end of the prior month. The request shall be deemed filed, if postmarked by the due dates herein specified.
f. A clearly marked statement that execution of the nonresident request for hearing is a waiver of the nonresident's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the nonresident and the facts contained in the violation(s) notice(s).
F. Contents Of Automated Traffic Law Violation Notice: The automated traffic law violation notice shall include, but shall not be limited to, the following information:
1. The name and address of the registered owner of the vehicle or lessee of the vehicle as indicated by the records of the secretary of state, or if such information is outdated and unalterable, 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 violation charged, namely disregarding a traffic control device or turning on red in violation of section 11-306 of the Illinois vehicle code;
4. The location where the violation occurred;
5. The date and time of the violation;
6. A copy of the recorded image(s); (Ord. 09-1032, 2-3-2009)
7. 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; 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;
8. The owner of a vehicle being operated in violation of section 10-2-9-3 of this chapter 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 section 10-2-9-3 of this chapter. The notice of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in section 10-2-9-8 of this chapter; (Ord. 10-O-015, 11-2-2010, eff. 1-1-2011)
9. 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;
10. A statement that the person may elect to proceed by:
a. Paying the fine and any late payment penalty and that said payment shall operate as a final disposition of the violation; or
b. Challenging the charge by mail, or by administrative hearing at a specific date and time;
11. The make of the vehicle shall be specified if the make is available and readily discernable.
G. Service Of Violation Notice: Service of the violation(s) notice(s) shall be made by the person issuing such notice by:
1. Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle; or
2. Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
3. With regard to automated traffic law violations only, mailing the notice to the address of the lessee or registered owner of the cited vehicle as recorded with the secretary of state within thirty (30) days after the secretary of state notifies the village of the identity of the owner of the vehicle, but in no event later than ninety (90) days after the violation. A lessee shall be notified only if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within sixty (60) days of the notice's issuance. If the driver's information is not provided within sixty (60) days, the leasing company/lessor may be found liable.
H. Certification Of Facts: The correctness of facts contained in the vehicular standing, parking or compliance regulation violation(s) notice(s) shall be certified by the person issuing said notice by:
1. Signing his/her name to the notice(s) at the time of service; or
2. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the traffic compliance administrator, attesting to the correctness of all notices produced by the device while under his/her control.
3. With regard to automated traffic law violations, a determination shall be made by the traffic compliance administrator that, based on inspection of recorded images, the motor vehicle was being operated in violation of section 11-208.6 or a local ordinance. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right of way to an emergency vehicle, a citation shall not be issued.
I. Violation Notice Retained: The original or a facsimile of the violation(s) notice(s) and any recorded image or correspondence shall be retained by the traffic compliance administrator and kept as a record in the ordinary course of business.
J. Prima Facie Evidence Of Correctness: Any violation(s) notice(s) issued, signed and served in accordance herewith, or a copy of the notice, or any recorded image, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.
K. Admissibility In Legal Proceedings: Violation(s) notice(s) or a copy(ies) or any recorded image shall be admissible in any subsequent administrative or legal proceeding.
L. Confidentiality: Recorded images made by an automated traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this section 10-2-9, for statistical purposes, or for other governmental purposes. (Ord. 09-1032, 2-3-2009)