(A) 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, 625 ILCS 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.
(B) The city 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 city of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following 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.
(C) Each notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by an officer of the city police department empowered under this ordinance to determine whether a red light offense has occurred. Upon determination that the recorded image captures a violation of one of the foregoing provisions, the notice of violation shall be served upon the registered vehicle owner in the manner provided for below.
(D) 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, shall include the following:
(1) 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owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States Post Office approved database;
(2) The registration number of the motor vehicle involved in the violation;
(3) The violation charged, with specific reference to that section of the City of Palos Heights Municipal Code of Ordinances allegedly violated;
(4) The location where the violation occurred;
(5) the date and time of the violation;
(6) A copy of the recorded images;
(7) 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;
(8) A statement that the recorded images are evidence of a violation of a red light signal;
(9) 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;
(10) 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;
(11) 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
(12) The signature of the party reviewing the recorded images and confirming that a violation took place.
(Ord. O-17-16, passed 8-16-16)