(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM. A device within the city 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 § 11-306 of the Illinois Vehicle Code (“Code”), ILCS Ch. 625, Act 5, § 11-306, or similar violation of the City of Oak Forest Municipal Code.
DISREGARDING A TRAFFIC CONTROL DEVICE. Failure to stop and remain stopped before an intersection that is controlled by a red signal as provided for in § 11-306 of the Code.
NO TURN ON RED. Failure to stop and remain stopped, and not proceeding to turn right at, an intersection controlled by both a sign indicating “No turn on red,” or other similar language, and a red signal as provided for in § 11-306 of the Code.
RECORDED IMAGES. Images produced by the automated traffic law enforcement system, which consist of either two or more photographs; two or more microphotographs; two or more electronic images; or, 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.
TRAFFIC COMPLIANCE ADMINISTRATOR. The person appointed as such through Article 25 of the Code who shall have power to adopt, distribute and process automated traffic law violation notices and other notices required by this section, collect money paid as fines and penalties, operate the automated traffic law enforcement system, and make certified reports to the Secretary of State as required by this section.
(B) Violations. It shall be a violation of this section for a vehicle to disregard a traffic control device or turn on red in violation of § 11-306 of the Code.
(D) Defenses.
(1) The following may be considered defenses by the Hearing Officer for a violation of division (B) above.
(a) That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred, and not under the control of or in the possession of the owner at the time of the violation;
(b) That the driver of the vehicle passed through the intersection when the light was red either:
1. In order to yield the right-of-way to an emergency vehicle; or
2. As part of a funeral procession.
(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(E) Notice of violation.
(1) When the automated traffic law enforcement system records a motor vehicle entering an intersection in violation of division (B) above, the city shall issue a written notice of violation to the registered owner or lessee of the vehicle, which shall be delivered by U.S. mail within 30 days after the Illinois Secretary of State notifies the city of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following the violation. The city shall only be required to notify a lessee if the leasing company/lessor provides the lessee’s name by an affidavit and a copy of the lease within 60 days of the notice’s issuance. If the driver information is not provided within 60 days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States Post Office approved database of the owner or lessee of the cited vehicle. The second notice shall be made by first class mail postage prepaid.
(2) (a) A notice of violation associated with an automated traffic law violation shall require a review and approval of the associated recorded image by a law enforcement officer or retired law enforcement officer from the city, who shall inspect the image and determine whether the motor vehicle was being operated in violation of division (B) above, or whether one of the defenses enumerated in division (D) of this section is visibly applicable upon inspection. 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 in the manner provided for above. The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. Each notice of violation 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 be prima facie evidence of a violation subject to rebuttal on the basis of the defenses established in this section.
(b) Where a vehicle crosses a stop line or crosswalk but still comes to a complete stop and does not proceed to further enter the intersection during the red light cycle, no violation shall be issued unless one or more pedestrians or cyclists are present.
(3) The notice of violation shall include the following information:
(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 the information is outdated or unattainable, then the last known address recorded in a United States Post Office approved database;
(b) The make (only if discernable) and registration number of the motor vehicle involved in the violation;
(c) The violation charged;
(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 and the date by which the penalty should be paid (21 days from the date of issuance) and a statement that the payment of the fine shall operate at a final disposition of the violation;
(h) 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;
(i) The amount of the late fee;
(j) A statement that the failure to pay by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle;
(k) A statement that the recorded images constitute prima facie evidence of a violation;
(l) A statement that the person may elect to proceed by paying the fine or challenging the charge in court, by mail or by administrative hearing; and
(m) A statement of how an administrative hearing may be requested.
(F) Hearing.
(1) The owner of a vehicle being operated in violation of this section may request a hearing by the respond-by date on the notice of violation (21 days from the date of issuance), to challenge the evidence or set forth an applicable defense.
(2) The notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of this section.
(3) The notice of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this section.
(4) The owner’s failure to appear at the hearing will result in a finding of liability.
(5) In the event of a failure to appear, a “findings, decision and order” letter will be sent to the owner.
(6) The owner’s failure to pay the amount by the date specified in that letter will result in a final determination.
(7) The owner or violator shall have 25 days following an administrative hearing to pay any penalty imposed.
(G) Non-residents.
(1) Where the registered owner or lessee of the cited vehicle is not a resident of the city but seeks to contest the merits of the alleged violation, that person may contest the charges using the same available defenses as stated above, but rather than attend the administrative hearing, they may submit any and all documentary evidence to the Traffic Compliance Administrator no later than the hearing date, together with a written statement reflecting that they are non-residents of the city.
(2) The Traffic Compliance Administrator shall forward all timely-submitted materials to the Hearing Officer for review and determination.
(H) Final determination.
(1) A final determination of violation liability shall occur following failure to pay the fine, a failure to request a hearing by the respond-by date, after a Hearing Officer’s determination of violation liability and the exhaustion of or failure to exhaust the administrative review procedures provided by the City Code.
(2) 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 shall become final upon a failure to pay the amount owed on date provided in the “findings, decision and order” letter. Appeal may be made to the Circuit Court of Cook County on any final determination as provided for by the Administrative Review Act.
(I) Notice of determination of liability. If the registered owner fails to pay or contest the notice of violation within 21 days a notice of determination of liability will be sent to the owner indicating that a fine in the amount of $100 is due to the city. The notice will also state that the owner can petition the city to set aside the determination of liability before it becomes final. If the owner does not pay the $100 as specified in the notice or petition the city to set aside the determination, within 21 days, a notice of final determination will be sent to the owner indicating that the owner has exhausted all challenge options and the $100 fine is a debt due and owing to the city and must be paid within 14 days. The owner will also be notified that the failure to pay the $100 fine within 14 days will result in a late fee of $100 added to the original fine.
(J) Notice of final determination. Notice of final determination shall be sent following the final determination of automated traffic law violation liability and the conclusion of judicial review. The notice of final determination shall include the following information:
(1) A statement that the unpaid fine is a debt due and owing to the city; and
(2) A warning that a failure to pay any fine due and owing to the City of Oak Forest within 14 days may result in a petition to the Circuit Court of Cook County to have the unpaid fine rendered as a judgment or may result in the suspension of the person’s driver’s license for failure to pay fines or penalties for five or more violation under this section.
(K) Petitions to set aside determination.
(1) A petition to set aside determination of an automated traffic law violation must be filed with or mailed to the Traffic Control Administrator within 14 days of the date of mailing of the notice of determination of liability. The grounds for the petition are limited to:
(a) The person was not the owner or lessee of the cited vehicle on the date of the violation notice was issued;
(b) The person having already paid the fine for the violation in question; and
(c) Excusable failure to appear at or request a new date for a hearing.
(2) Upon receipt of a timely petition to set aside the determination of liability, the Hearing Officer shall review the petition to determine if cause has been shown to set aside the determination. If cause has been shown, the city shall forward the petitioner a new hearing date on which the petitioner must appear to present his or her case. The city shall notify the petitioner of the Hearing Officer’s decision to grant a hearing or deny the petition within 14 days of the city’s receipt.
(L) Notice of impending driver’s license suspension.
(1) A notice of impending driver’s license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on five or more violations of this section. The notice of impending driver’s license suspension shall state the following information:
(a) The failure to pay the fine owing within 45 days of the notice’s date will result in the city notifying’ the Secretary of State that the person is eligible for initiation of suspension proceedings under § 6-306.5 of the Code; and
(b) A statement that the person may obtain a copy of the original ticket imposing a fine by sending a self-addressed, stamped envelope to the city along with a request for the copy.
(2) The notice of impending driver’s license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State 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.
(M) Driver’s license suspension.
(1) The Traffic Compliance Administrator, by certified report, may request that the Secretary of State suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five automated traffic violations. The report shall be certified and contain the following:
(a) The name, last known address as recorded with the Secretary of State, as provided by the lessor of the cited vehicle at the time of lease, or as recorded in a United States post office approved database if any notice sent under this section is returned as undeliverable, and driver’s license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to the person in a state;
(b) A statement that the report is being made by the City of Oak Forest pursuant to this section; and
(c) A statement that a notice of impending driver’s license suspension has been sent to the person named in the report at the address recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice sent under this section is returned as undeliverable at the last known address recorded at a United States post office approved database, the date on which the notice was sent, and address to which the notice was sent.
(2) The Traffic Compliance Administrator shall notify the Secretary of State whenever a person named in the certified report has paid the previously recorded fine or penalty or whenever the municipality determines that the original report was in error. A certified copy of the notification shall also be given upon request aid at no additional charge to the person named therein.
(3) (a) Any person receiving notice from the Secretary of State that their driving privileges may be suspended at the end of a specified period my challenge the accuracy of the certified report prepared by the Traffic Compliance Administrator.
(b) The person shall, within seven days after having the person challenging the report was not the owner or lessee of the vehicle or that the person has already paid their fine for the five or more automated traffic violations, the Traffic Compliance Administrator shall immediately notify the Secretary of State of the error in a subsequent certified report.
(N) City requirements.
(1) No additional fee may be charged to an alleged violator for exercising his or her right to an administrative hearing.
(2) The recorded image of the motor vehicle's violation is accessible to the alleged violator at the website address provided by the automated traffic law enforcement system vendor.
(3) The locations of the red light camera intersections shall be posted on the city's website.
(4) The intersection equipped with an automated traffic law enforcement system must have a yellow change interval that conforms to the Illinois Manual on Uniform Traffic Control Devices.
(5) A statistical study shall be completed to assess the safety impact of each automated traffic law enforcement system. This study shall be posted on the city's website.
(6) A certified report shall be made to the Secretary of State whenever a registered owner of a vehicle has failed to pay any fine or penalty due and owing as a result of five offenses for automated traffic law violations.
(Ord. 2007-11-01410, passed 11-27-2007; Am. Ord. 2010-12-0316O, passed 12-14-2010)