A. As used in this section, words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended:
ADMINISTRATOR: The city's traffic control administrator.
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 code or a similar provision of a city ordinance.
AUTOMATED TRAFFIC LAW VIOLATION: A violation described in section 11-208.6 of the code.
CERTIFIED REPORT: A report concerning five (5) or more unpaid fines or penalties for automated traffic law violations made by the city to the secretary in accordance with section 6-306.5 of the code.
CITY: The city of Northlake, Cook County, Illinois.
CODE: The Illinois vehicle code, 625 Illinois Compiled Statutes 5/1-100, et seq.
COMPANY: Redflex Traffic Systems, Inc.
DETERMINATION NOTICE: A notice of final determination of automated traffic law violation liability issued pursuant to section 11-208.3 of the code and pursuant to the provisions of this section.
RECORDED IMAGES: Images showing the time, date and location of an automated traffic law violation recorded by an automated traffic law enforcement system on: 1) two (2) or more photographs, 2) two (2) or more microphotographs, 3) two (2) or more electronic images or 4) a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.
SECRETARY: The Illinois secretary of state.
SUSPENSION NOTICE: A notice of impending driver's license suspension issued pursuant to section 11-208.3 of the code and pursuant to the provisions of this section.
SYSTEM: Individually, an automated traffic law enforcement system or, collectively, automated traffic law enforcement systems established in the city pursuant to this section.
VIOLATION NOTICE: An automated traffic law violation notice issued pursuant to sections 11-208.3 and 11-208.6 of the code and pursuant to the provisions of this section.
B. The city hereby determines to establish systems at the following intersections located within the corporate limits of the city:
Lake Street and Railroad Avenue
Lake Street and Wolf Road
Mannheim and Armitage
North Avenue and Hillside
North Avenue and Northwest Avenue
North Avenue and Railroad Avenue
North Avenue and Roy
North Avenue and Wolf Road
Wolf Road and Fullerton
C. The city is authorized to enter into agreements, substantially in the forms attached as group exhibit A to the ordinance codified herein and incorporated herein by reference (collectively, the "agreements"), with company for the design and implementation of the system(s) and for services related to the system(s). The agreements shall be subject to final modification by the attorneys for the city and company, the mayor is hereby authorized and directed to execute the agreements, once finalized, thereby binding the city to their terms. The city clerk is authorized and directed to attest to the mayor's signature, as necessary.
D. A violation notice, the contents of which shall comply with the requirements of sections 11-208.3 and 11-208.6 of the code, as amended, shall be served by mail to the address of the registered owner of a vehicle cited for an automated traffic law violation as recorded with the secretary within thirty (30) days after the secretary notifies the city of the identity of the owner of the vehicle, but in no event later than ninety (90) days after the violation. Service of a violation notice shall be deemed complete as of the date of deposit in the United States mail. The original or a facsimile of a violation notice or, in the case of a violation notice produced by a computerized device, a printed record generated by the device showing the facts entered on the violation notice, shall be retained by the administrator, and shall be a record kept in the ordinary course of business. A violation notice issued, signed and served in accordance with this section and section 11-208.3 of the code, a copy of the violation notice or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the violation notice. The violation notice, copy or computer generated record shall be admissible in any subsequent administrative or legal proceedings.
E. Before a citation may be issued for any automated traffic law violation, a determination must be made by a technician employed or contracted by the city that, based on inspection of recorded images generated by the system, the motor vehicle was being operated in violation of section 11-208.6 of the code or an ordinance of the city. 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.
F. The registered owner of the vehicle cited in a violation notice shall have the opportunity for a hearing in which said owner may contest the merits of the alleged violation. The lessee of a vehicle cited in a violation notice likewise shall be afforded the opportunity for a hearing of the same kind afforded the registered owner. The formal or technical rules of evidence shall not apply at any such hearing. Such hearings shall be recorded, and the person conducting the hearing on behalf of the administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at such a hearing may be represented by counsel at their own expense.
G. A final determination of automated traffic law violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of violation liability. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final: 1) upon denial of a timely petition to set aside that determination, or 2) upon expiration of the period for filing such a petition without a filing having been made.
H. A determination notice, the contents of which shall comply with the requirements of section 11-208.3 of the code, as amended, shall be sent following a final determination of automated traffic law violation liability and the conclusion of judicial review procedures taken under section 11-208.3 of the code. A determination notice shall be sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the secretary or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database or, under section 11-1306 of the code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office database. Service of the determination notice shall be deemed complete as of the date of deposit in the United States mail.
I. A person owing an unpaid fine or penalty for automated traffic law violation penalty may file a petition to set aside a final determination of such liability within ten (10) days after service by the city of a determination notice. Such a petition shall be filed by sending the same, together with any documentation in support thereof, to the administrator by certified mail, return receipt requested, or by personal delivery to the administrator. The grounds for such a petition shall be limited to: 1) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, 2) the person having already paid the fine, or penalty for the violation in question, and 3) excusable failure to appear at or request a new date for a hearing. A hearing on such a petition shall be held within thirty (30) days after the filing of same. In the event that such a petition is granted upon a showing of just cause, and the subject determination of automated traffic law violation liability is thereby set aside, the registered owner shall be provided with a hearing on the merits for that violation.
J. A suspension notice, the contents of which shall comply with the requirements of sections 6-306.5 and 11-208.3 of the code, as amended, shall be sent to the person liable for any fine or penalty that remains due and owing on five (5) or more unpaid automated traffic law violations. The suspension notice shall be sent by first class United States mail, postage prepaid, to the address recorded with the secretary or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database. Service of a suspension notice shall be deemed complete as of the date of deposit in the United States mail.
K. If the administrator provides a suspension notice to a vehicle owner and subsequently makes a certified report to the secretary, 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 any supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report: 1) that the person was not the owner or lessee of the subject vehicle or vehicles receiving five (5) or more automated traffic law violations on the date or dates such violation notices were issued, or 2) that the person already paid the fines or penalties for the five (5) 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 (5) days after the person receives notice from the secretary 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 city 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.
L. Nonresidents of the city who receive violation notices may contest the merits of the alleged automated traffic law violation without attending a hearing by sending a signed statement, under oath, together with any supporting documentation, to the administrator via certified mail, return receipt requested, within ten (10) days after service of the violation notice. Such a statement shall set forth the reasons why a finding of liability should not be entered. The administrator shall rule on such a statement within ten (10) days after receipt of same, and shall inform the nonresident of his decision within ten (10) days thereafter. (Ord. O-19-2007, 8-6-2007)
M. Unless the driver of the motor vehicle cited for an automated traffic law violation received a uniform traffic citation from a police officer at the time of the violation, the owner of the motor vehicle is subject to a penalty of one hundred dollars ($100.00) per violation. In the event that such penalty is not paid within twenty one (21) days after service of a violation notice, a person will have ten (10) days to respond. If no response is received within ten (10) days, the penalty shall increase to two hundred dollars ($200.00). (Ord. O-03-2008, 2-4-2008)