(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 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 to the address of the registered owner or lessee of the cited vehicle as recorded with the Illinois Secretary of State within thirty (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 ninety (90) days following the violation. The Village shall only be required to notify a lessee if the leasing company/lessor provides the Village with the lessee's name by an affidavit and a copy of the lease within sixty (60) days of the notice's issuance. If the required lessee information is not provided within sixty (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.
(B) 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 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 above in § 76.05 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 above. The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the alleged violator.
(C) 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 § 76.05, 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 (fourteen [14] days from the date of issuance), if a hearing is not requested;
(9) A statement that the recorded images are evidence of a violation of a red light signal;
(10) 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;
(11) The amount of the late fee;
(12) A statement that the failure to pay the civil penalty or contest the violation by the date specified is an admission of liability, will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner or lessee of the vehicle;
(13) A statement that payment of the indicated fine and of any applicable penalty for late payment shall constitute a final disposition of the violation;
(14) 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;
(15) A statement of how an administrative hearing may be requested;
(16) The identification number of the person issuing the notice; and
(17) A website address, accessible through the Internet, where the person may view the recorded images of the violation.
(Ord. 18-4102, passed 11-1-18)