This chapter provides for an automated traffic law enforcement system, which detects motor vehicles which fail to abide by traffic-control signals at intersections under penalty of a fine, and a system of administrative adjudication by which such detected infractions shall be resolved.
This chapter shall apply only to an automated traffic law enforcement system located at the following intersections within the Village: (1) Northbound River Road at Irving Park Road and (2) Southbound River Road at Irving Park Road.
It shall be a violation of this chapter for anyone to operate a vehicle in disregard of a traffic control device or to turn right on a red light where it is posted "No Turn on Red."
(A) Detection. As used in this chapter, "automated traffic law enforcement system" means a device within the Village 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 Section 11-306 of the Illinois Vehicle Code, 625 ILCS 5/11-306. The automated traffic law enforcement system shall not be used to enforce speed limit regulations. The recorded images produced by the automated traffic law enforcement system, which consists of either 2 or more photographs, 2 or more microphotographs, 2 or more electronic images or a video recording showing the motor vehicle, shall capture and display images of the vehicle allegedly violating traffic-control signals, together with the license plate on such vehicle, and shall also show the time, date and location of the violation.
(B) Signage. Any intersection equipped with an automated traffic law enforcement system must have a sign posted which is visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system.
(C) Notice of Violation. 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 5/11-306, this shall be deemed a non-criminal violation for which a civil penalty of One Hundred Dollars ($100.00) 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. The Village shall issue a written notice of the violation to the registered owner or lessee of the vehicle, which shall be mailed by first class mail within 30 days after the Illinois Secretary of State notifies the Village of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following the violation, except that in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than 210 days after the violation. Prior to service of a notice of violation, the associated recorded image(s) shall be reviewed by a technician employed or contracted by the Village to determine whether or not the motor vehicle was being operated in violation of Section 11-208.6 of the Illinois Vehicle Code, 625 ILCS 5/11-208.6, or this chapter. Each notice of violation associated with an automated traffic law violation shall also require a review of the associated recorded image by an officer or retired officer of the Village police department empowered under this chapter to determine whether a red light offense has occurred or whether one of the defenses enumerated below in paragraph (E) is visibly applicable upon inspection. Upon determination that the recorded image captures a violation of one of the foregoing provisions and that no defense applies, the notice of violation shall be served upon the registered vehicle owner or the lessee of the vehicle in the manner provided for below. 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 on the basis of the defenses established in paragraph (E), 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 vehicle make, if available and readily discernible;
(4) the violation charged;
(5) the location where the violation occurred;
(6) the date and time of the violation;
(7) a copy of the recorded images;
(8) 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;
(9) a statement that the recorded images are evidence of a violation of a red light signal;
(10) a warning that failure to either pay the civil penalty or contest liability 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 contest liability or pay the fine in advance of the hearing. Payment of the civil penalty or contesting of liability must be done in writing within 30 days of the mailing of the notice of violation or by attending the administrative hearing;
(11) 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;
(12) a statement that payment of the indicated fine and of any applicable penalty for late payment shall constitute a final disposition of the violation;
(13) the signature of the party reviewing the recorded images and confirming that a violation took place;
(14) the identification number of the person issuing the notice; and
(15) a website address, accessible through the Internet, where the person may view the recorded images of the violation.
(D) Penalty and Final Determination of Violation Liability.
(1) If the civil penalty of One Hundred Dollars ($100.00) referred to in paragraph (C) herein is not timely paid or the notice of violation referred to in paragraph (C) herein is not contested timely, a One Hundred Dollar ($100.00) penalty will be assessed in addition to the original One Hundred Dollar ($100.00) fine by way of "Final Determination of Violation Liability".
(2) The Village, through its Treasurer, Clerk, Police Department, Village Attorney, Administrative Adjudication Program, and/or any other designated agent of the Village, may establish procedures for the collection of the civil penalty imposed.
(E) Defenses. The following are the only defenses available for an alleged violator contesting his or her liability for a violation, which shall be weighed by the Hearing Officer and shall only rebut the prima facie case established by the notice of liability insofar as one or more of the following defenses are established by a preponderance of the evidence:
(1) the motor vehicle or registration plates were stolen before the violation occurred and were not under the control of or in the possession of the owner at the time of the violation, which may be demonstrated through the submission of a certified copy of a report concerning the stolen motor vehicle or registration plates that was filed with a law enforcement agency prior to the time of the alleged violation;
(2) the vehicle was an authorized emergency vehicle;
(3) the driver of the vehicle passed through the intersection in spite of a red light either to yield the right-of-way to an emergency vehicle or as part of a funeral procession;
(4) the facts alleged in the notice of violation are inconsistent or do not support a finding that a violation occurred;
(5) the operator of the vehicle received a Uniform Traffic citation from a police officer at the time of the violation for the same incident as captured by the automated traffic law enforcement system and either paid such citation or successfully contested said citation;
(6) the vehicle was leased to another and within sixty (60) calendar days after the citation was mailed to lessor, lessor submitted to the municipality the correct name and address of the lessee of the vehicle identified in the notice of violation at the time of the alleged violation, together with a copy of the lease agreement, the lessee's driver's license number and any additional information that may be needed; or,
(7) the respondent was not the registered vehicle owner, lessee or renter of the cited vehicle at the time of violation.
(F) Administrative Adjudication. The Village shall utilize its system of administrative adjudication for automated traffic law violations. The administrative adjudication system for all violations of this chapter subject to administrative adjudication shall be comprised of a Code Hearing Unit which shall consist of a Hearing Officer and any other officials deemed necessary, including a Traffic Compliance Administrator and any ordinances identified by the Ordinances of the Village pertaining to such administrative hearing body. Such officers shall be vested with the power, authority and limitations as are hereinafter set forth.
(G) Powers of the Hearing Officer. The Hearing Officer shall have all of the powers granted to Hearing Officers under 65 ILCS 5/1-2.1-4, the provisions of which are incorporated herein by reference, including the power to preside over all administrative hearings as the adjudicator, administer oaths, hear testimony and accept evidence that is relevant to the existence of the Code violation.
(H) Powers of the Traffic Compliance Administrator. The Traffic Compliance Administrator shall have all of the powers granted by 625 ILCS 5/11-208.3(b)(1), the provisions which are incorporated herein by reference.
(I) Establishment of Hearing Unit. The Village President is hereby authorized to appoint necessary officers to establish the Code Hearing Unit and to otherwise comply with the terms herein.
(J) Appointment of Traffic Compliance Administrator. The Village President, with the advice and consent of the Village Board of Trustees, shall appoint a Traffic Compliance Administrator, or a designee, who is authorized to adopt, distribute and process parking, compliance and automated traffic law violation notices, collect money paid as fines and penalties for the above noted violations, operate an administrative adjudication system and make certified reports to the Secretary of State regarding a registered vehicle owner's failure to pay fines and penalties in accordance with 625 ILCS 5/6-306.5. The Chief of Police, or his designee, shall act as the Traffic Compliance Officer unless or until such position is filled by the President and Board of Trustees.
(K) Service of Violation Notices. Violation Notices must be mailed to the address of the registered owner or lessee of the cited vehicle as recorded with the Illinois Secretary of State within 30 days after the Illinois Secretary of State notifies the Village of the identity of the registered vehicle owner or lessee of the vehicle, but no later than 90 days after the date of the violation, except that in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than 210 days after 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.
(L) Adjudicative Hearing. The hearing shall be tape recorded, and the Hearing Officer shall conduct the hearing in accordance with his or her powers and duties, enumerated herein. Alleged violators who appear at the administrative hearing to contest an alleged violation may be represented by legal counsel at their own expense, however, formal and technical rules of evidence shall not apply to the administrative hearing. The Hearing Officer shall enter either a default judgment or a determination of liability or non-liability in accordance with consideration of the facts and testimony, if any, which shall constitute a final determination of liability from which an appeal may be taken.
(M) Collection of Fines and Penalties. Nothing contained in this chapter shall prevent the Village from pursuing all available remedies, allowed by law, to collect fines and payment of penalties owed to the Village. The Village may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. Any fees of costs incurred by the Village as a result of these collection activities (including, but not limited to, attorneys, private collection agents, or other authorized personnel) shall be assessed against the violator. Said collection costs shall include an administrative fee of thirty-five percent (35%) assessed on the default fine, penalty or outstanding installment amount.
(N) Notice of Impending Driver's License Suspension. This notice shall be sent via first class United States mail, postage prepaid, to the address recorded with the Illinois Secretary of State of any person liable for any fine or penalty due and owing the Village for five (5) or more unpaid automated traffic law violations. If such mailing is returned as undeliverable, then the Village shall send the notice to the last known address recorded in a United States Post Office approved database. This notice shall state that failure to pay the fine or penalty owing within forty-five (45) days of the notice's date will result in the Village notifying the Illinois Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of the Illinois Vehicle Code, 625 ILCS 5/6-306.5. The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the Village along with a request for the photostatic copy. If Village subsequently makes a Certified Report to the Illinois Secretary of State, the subject vehicle owner may challenge the accuracy of the Certified Report in writing. To do so, the vehicle owner must submit to the Traffic Compliance Administrator a written statement under oath, together with 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 Traffic Compliance Administrator by certified mail, return receipt requested, or hand delivered to the Traffic Compliance Administrator within five (5) days after the person receives notice from the Illinois Secretary of State 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 Village 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.
(O) Final Determinations of Violation Liability. A final determination of violation liability shall occur following failure to pay the fine or penalty after a Hearing Officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. 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 the petition without a filing having been made.
(P) Notice of Final Determination. This notice 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 Illinois Vehicle Code, 625 ILCS 5/11-208.3. The notice shall state that the unpaid fine or penalty is a debt due and owing the Village. The notice shall contain warnings that failure to pay any fine or penalty due and owing the Village within the time specified may result in the Village's filing of a petition in the Circuit Court to have the unpaid fine or penalty rendered a judgment as provided by Section 11-208.3 of the Illinois Vehicle Code, or may result in suspension of the person's driver's license for failure to pay fines or penalties for 5 or more automated traffic law violations under Section 11-208.6 of the Illinois Vehicle Code.
(Q) Petitions to Set Aside a Determination. A petition to set aside a determination of automated traffic law violation liability may be filed by a person owing an unpaid fine or penalty. The petition shall be filed with the Traffic Compliance Administrator within fourteen days of the date of mailing of the notice of final determination of liability. The grounds for the petition are 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. Upon receipt of a timely petition to set aside the determination of liability, the Hearing Officer shall review the petition to determine if just cause has been shown to set aside the determination. If the Hearing Officer determines that just cause exists to set aside the determination, the Village shall provide the petitioner with a new hearing date for a hearing on the merits for that violation. The Village shall notify the petitioner of the Hearing Officer's decision to grant a hearing or deny the petition within fourteen (14) business days of the Village's receipt of the petition.
(R) Procedures for Non-Residents. Where the registered owner or lessee of the cited vehicle is not a resident of the Village but seeks to contest the merits of the alleged violation, such persons may contest the charges using the same available defenses as stated above, and the same procedures - they may attend the administrative hearing or they may submit any and all documentary evidence no later than the hearing date referenced in the notice of violation, together with a written statement reflecting that they are non-residents of the Village.
(Ord. 18-4062, passed 6-7-18; Am. Ord. 18-4102, passed 11-1-18; Am. Ord. 19-4181, passed 9-19-19)