§ 77.02 RED LIGHT VIOLATION.

   (A)   The registered owner of record of a vehicle is liable for a violation of this section and a fine of $100 when the vehicle is used in violation of § 11-306 of the Illinois Vehicle Code or §§ 71.16 or 71.17 of this Code and that violation is recorded by an automated traffic control signal monitoring device as determined by a technician who inspects the recorded image created by the device. A photographic recording of a violation obtained by an automated traffic control signal monitoring device that has been inspected by a technician shall be prima facie evidence of a violation of this chapter. It shall be a defense to a violation of this section that:

      (1)   The operator of the vehicle was issued a uniform traffic citation for a violation of § 11-306 of the Illinois Vehicle Code or §§ 71.16 or 71.17 of this Code; or

      (2)   The violation occurred at any time during which the vehicle or its state registration plates were reported to a law enforcement agency as having been stolen and the vehicle or its plates had not been recovered by the owner at the time of the alleged violation; or

      (3)   The vehicle was leased to another, and, within 60 days after the notice was mailed to the owner, the owner/lessor submitted to the Traffic Compliance Administrator the correct name and address of the lessee of the vehicle identified in the notice at the time of the violation, together with a copy of the lease agreement and any additional information as may be required by the Village. Where the lessor complies with the provisions of this section, the lessee of the vehicle at the time of the violation shall be deemed to be the owner of the vehicle for purposes of this chapter. The Traffic Compliance Administrator, within 30 days of being notified by the lessor of the name and address of the lessee, shall mail the lessee a notice which contains the information required under § 77.03. For the purposes of this chapter, the term LEASED VEHICLE shall be defined as a vehicle in which a motor vehicle dealership or manufacturer has, pursuant to a written document, vested exclusive possession, use, control and responsibility of the vehicle to the lessee during the periods the vehicle is operated by or for the lessee.

   (B)   The provisions of this section do not apply to any authorized emergency vehicle or where the technician inspecting the recorded image determines that the vehicle was lawfully participating in a funeral procession, or that the vehicle entered into the intersection in order to yield the right-of-way to an emergency vehicle.

   (C)   Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of § 11-306 of the Illinois Vehicle Code (625 ILCS 5/11-306) or §§ 71.16 or 71.17 of this Code.

(Ord. 44, passed 10-21-2008)