(a) Violation. The registered owner of record of a vehicle is liable for a violation of this Chapter when the vehicle is recorded by an automatic traffic law enforcement system as being operated in a manner that constitutes disregarding a traffic control device or committing a "no turn on red" violation. A photographic recording of the violation obtained by an automatic traffic law enforcement system shall be prima facie evidence of a violation of this Chapter. It shall be a defense to a violation if:
(1) The operator of the vehicle was issued a uniform traffic citation for a violation of 625 ILCS 5/11-306.
(2) The violation occurred at a time during which the vehicle or its state registration plates of the motor vehicle 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 sixty days after the Notice of Violation was mailed to the owner as provided in this Chapter, the owner submitted to the Traffic Compliance Administrator, or his/her authorized designee, the correct name and address of the lessee of the vehicle identified in the Notice of Violation at the time of the violation, together with a copy of the lease agreement and any additional information as may be required by the Traffic Compliance Administrator. Where the lessor complies with the provisions of this subsection, the lessee of the vehicle shall be deemed to be the registered owner of the vehicle for purposes of this Chapter. The Traffic Compliance Administrator, , or his/her designated designee, within thirty days of being notified by the lessor of the name and address of the lessee, shall mail the lessee a Notice of Violation which contains the information required under Section 456.05 of this Chapter. For purposes of this Chapter, the term "leased vehicle" shall be defined as a vehicle in which 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 period the vehicle is operated by or for the lessee.
(b) The provisions of this Chapter do not apply to:
(1) Any authorized emergency vehicle;
(2) Any vehicle lawfully participating in a funeral procession; or
(3) Any vehicle that was operated in a manner that constitutes disregarding a traffic control device or committing a "no turn on red" violation in order to yield the right-of-way to an emergency vehicle.
(Ord. 1323. Passed 8-27-07; Ord. 1388. Passed 12-8-08; Ord. 1651. Passed 10-9-17.)