(A) This section provides for an automated traffic law enforcement system, which detects motor vehicles which fail to abide by traffic-control signals at intersections under penalty of a fine, and a system of administrative adjudication by which such detected infractions shall be resolved.
(B) It shall be a violation of this section for anyone to operate a vehicle in disregard of a traffic control device or to turn right on a red light where it is posted “No Turn on Red.”
(C) Automated traffic law enforcement system.
(1) Detection. As used in the section, AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM means a device within the village 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 steady or flashing red signal indication in violation of Section 11-306 of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-306. The AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM shall not be used to enforce speed limit regulations. The recorded images produced by the AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM, which consist of either two or more photographs, two or more electronic images of a video recording showing the motor vehicle, shall capture and display images of the vehicle allegedly violating traffic-control signals, together with the license plate on such vehicle, and shall also show the time, date and location of the violation.
(2) Signage. Any intersection equipped with an automated traffic law enforcement system must have a sign posted which is visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system.
(3) Intentionally omitted.
(4) Notice of violation. When the automated traffic law enforcement system records a motor vehicle entering an intersection in spite of a steady or flashing red signal indicating a violation of Section 11-306 of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-306, this shall be deemed a non-criminal violation for which a civil penalty of $100 shall be assessed and for which no points shall be assigned by the Illinois Motor Vehicle Code Point System for License Suspension to the owner or driver of the vehicle. The village shall issue a written notice of the violation to the registered owner or lessee of the vehicle, which shall be delivered by first class mail within 30 days after the Illinois Secretary of State notifies the village of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following the violation. Each notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by an officer or other employee or agent of the village police department empowered under this section to determine whether a red light offense has occurred or whether one of the defenses enumerated below in division (6) is visibly applicable upon inspection. Upon determination that the recorded image captures a violation of one of the foregoing provisions and that no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner provided for below. The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the alleged violator. Each notice of violation, which shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above-noted statutory and local provisions and shall establish prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in division (6), shall include the following:
(a) 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;
(b) The registration number of the motor vehicle involved in the violation;
(c) The violation charged, with specific reference to that section of the Village of Lakemoor Municipal Code of Ordinances allegedly violated;
(d) The location where the violation occurred;
(e) The date and time of the violation;
(f) A copy of the recorded images;
(g) The amount of the civil penalty imposed and the date by which the civil penalty should be paid if liability for the violation is not going to be contested;
(h) A statement that the recorded images are evidence of a violation of a red light signal;
(i) A warning that failure to either pay the civil penalty or to contest liability within 30 days of the mailing of the notice of violation in writing or by attending the administrative hearing is an admission of liability and may result in a suspension of the driving privileges of the registered owner or lessee of the vehicle in addition to the specified penalties for failing to appear at the hearing or pay the fine in advance of the hearing;
(j) The date, time and place of the administrative hearing at which the charge may be contested on its merits, a date that shall be no less than 15 days from the mailing or other service of the first notice of violation;
(k) A statement that payment of the indicated fine and of any applicable penalty for late payment shall constitute a final disposition of the violation; and
(l) The signature of the party reviewing the recorded images and confirming that a violation took place.
(5) Penalty and final determination of violation liability.
(a) If the civil penalty of $100 referred to in division (4) herein is not timely paid or the notice of violation referred to in division (4) herein is not contested timely, a $100 penalty will be assessed in addition to the original $100 fine by way of “Final Determination of Violation Liability.”
(b) The village, through its Treasurer, Clerk, Police Department, Law Department, administrative adjudication program, and/or any other designated agent of the village, may establish procedures for the collection of the civil penalty imposed.
(6) Defenses. The following are the only defenses available for an alleged violator contesting his or her liability for a violation, which shall be weighed by the Hearing Officer and shall only rebut the prima facie case established by the notice of liability insofar as one or more of the following defenses are established by a preponderance of the evidence:
(a) The motor vehicle or registration plates were stolen before the violation occurred and were not under the control of or in the possession of the owner at the time of the violation, which may be demonstrated through the submission of a certified copy of a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner;
(b) The driver of the vehicle passed through the intersection in spite of a red light either to yield the right-of-way to an emergency vehicle or as part of a funeral procession; and
(c) The license plate number or other source of identification of the vehicle cannot be determined;
(d) The operator of the vehicle received a Uniform Traffic citation from a police officer at the time of the violation for the same incident as captured by the automated traffic law enforcement system and either paid such citation or successfully contested said citation; and
(e) The vehicle was leased to another and within 60 calendar days after the citation was mailed to lessor, lessor submitted to the municipality the correct name and address of the lessee of the vehicle identified in this notice of violation at the time of the alleged violation, together with a copy of the lease agreement, the lessee’s driver’s license number and any additional information that may be needed.
(7) Administrative adjudication. The village shall utilize its system of administrative adjudication for vehicular standing and parking violations, violations regarding the display of municipal stickers/licenses, and automated traffic law violations. The administrative adjudication system for all violations of the Village Code subject to administrative adjudication shall be comprised of a Code Hearing Unit which shall be comprised of a Hearing Officer and any other officials deemed necessary, including a Traffic Compliance Administrator with respect to all parking, standing, condition and use of vehicle equipment, display of municipal stickers/licenses and automated traffic law regulations, as well as those other ordinances identified by the ordinances of the village pertaining to such administrative hearing body. Such officers shall be vested with the power, authority and limitations as are hereinafter set forth.
(8) Powers of the Hearing Officer. The Hearing Officer shall have all of the powers granted to Hearing Officers under ILCS Ch. 65, Act 5, § 1-2.1-4, the provisions of which are incorporated herein by reference, including the power to preside over all administrative hearings as the adjudicator, administer oaths, hear testimony and accept evidence that is relevant to the existence of the code violation.
(9) Powers of the Traffic Compliance Administrator. The Traffic Compliance Administrator shall have all of the powers granted by ILCS Ch. 625, Act 5, § 11-208.3(b)(1), the provisions which are incorporated herein by reference.
(10) Establishment of hearing unit. The Village President is hereby authorized to appoint necessary officers to establish the Code Hearing Unit and to otherwise comply with the terms herein.
(11) Appointment of Traffic Compliance Administrator. The Village President, with the advice and consent of the Village Board of Trustees, shall appoint a Traffic Compliance Administrator for a term not to exceed that of the Village President’s current term of office, who is authorized to adopt, distribute and process parking, compliance and automated traffic law violation notices, collect money paid as fines and penalties for the above noted violations, operate an administrative adjudication system and make certified reports to the Secretary of State regarding a registered vehicle owner's failure to pay fines and penalties in accordance with Illinois state law. The Village Administrator shall act as the Traffic Compliance Officer unless or until such position is filled by the President and Board of Trustees.
(12) Compensation for Hearing Officers. The Traffic Compliance Administrator and any other official deemed necessary to implement the system of administrative adjudication, shall be compensated as established annually by the Village President and Board of Trustees.
(13) Service of violation notices. Violation notices must be mailed to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State within 30 days after the Secretary of State notifies the village of the identity of the registered vehicle owner, but no later than 90 days after the date of the violation. If the notice of violation is returned as undeliverable, then the notice of violation shall be sent to the last known address recorded in a United States Post Office approved database, which notice shall still be sent within 90 days of the violation.
(14) Adjudicative hearing. The hearing shall be tape recorded, and the Hearing Officer conducts the hearing in accordance with his or her powers and duties, enumerated herein. Alleged violators who appear at the administrative hearing to contest an alleged violation may be represented by legal counsel at their own expense, however, formal rules of evidence shall not apply to the administrative hearing. The Hearing Officer shall enter either a default judgment or a determination of liability or non-liability in accordance with consideration of the facts and testimony, if any, and shall constitute a final determination of liability from which an appeal may be taken.
(15) Collection of fines and penalties. Nothing contained in this section shall prevent the village from pursuing all available remedies, allowed by law, to collect fines and payment of penalties owed to village.
(16) Notice of impending driver's license suspension. This notice shall be sent via first class United States mail, postage prepaid, to the address recorded with the Secretary of State of any person liable for any fine or penalty due and owing the village for five or more unpaid automated traffic law violations. If such mailing is returned as undeliverable, then the village shall send the notice to the last known address recorded in a United States Post Office approved database. If village subsequently makes a certified report to the Secretary of State, the subject vehicle owner may challenge the accuracy of the certified report in writing. To do so, the vehicle owner must submit to the Administrator a written statement under oath, together with supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report:
(a) That the person was not the owner or lessee of the subject vehicle or vehicles receiving five or more automated traffic law violations on the date or dates such violation notices were issued; or
(b) That the person already paid the fines or penalties for the five or more automated traffic law violations indicated on the certified report. Such statement and supporting documentation must be sent to the Administrator by certified mail, return receipt requested, or hand delivered to the Administrator within five days after the person receives notice from the Secretary of State that the person’s driver’s license will be suspended at the end of a specified period of time unless the Secretary is presented with a notice from the village certifying that the fines or penalties due and owing have been paid or that the inclusion of the person's name on the certified report was in error.
(17) Procedures for non-residents. Where the registered owner or lessee of the cited vehicle is not a resident of the village but seeks to contest the merits of the alleged violation, such persons may contest the charges using the same available defenses as stated above, and the same procedures - they may attend the administrative hearing or they may submit any and all documentary evidence no later than the hearing date referenced in the notice of liability, together with a written statement reflecting that they are non-residents of the village.
(D) Authority to execute agreement. The Village President is authorized to sign, and the Village Clerk to attest to, whatever documents are necessary and perform all actions necessary to finalize the implementation of the traffic enforcement program subject to approval of said documents by the Village Attorney including but not limited to any and all necessary permits with the Illinois Department of Transportation (IDOT).
(Ord. 12-O-03, passed 1-26-2012)