(A) Before a violation notice may be issued for any automated traffic law violation, a determination must be made by a technician employed or contracted by the village that, based on inspection of recorded images generated by the system, the motor vehicle was being operated in violation of Section 11-208.6 of the Code (ILCS Ch. 625, Act 5, § 11-208.6) or an ordinance of the village. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of- way to an emergency vehicle, a violation notice shall not be issued.
(B) A violation notice, the contents of which shall comply with the requirements of Sections 11-208.3 and 11-208.6 of the Code (ILCS Ch. 625, Act 5, §§ 11-208.3 and 11-208.6), as amended, shall be served by mail to the address of the registered owner of a vehicle cited for an automated traffic law violation as recorded with the Secretary within 30 days after the Secretary notifies the village of the identity of the owner of the vehicle, but in no event later than 90 days after the violation. Service of a violation notice shall be deemed complete as of the date of deposit in the United States mail. The original or a facsimile of a violation notice or, in the case of a violation notice produced by a computerized device, a printed record generated by the device showing the facts entered on the violation notice, shall be retained by the Administrator, and shall be a record kept in the ordinary course of business. A violation notice issued, signed and served in accordance with this subchapter and Section 11-208.3 of the Code (ILCS Ch. 625, Act 5, § 11-208.3), a copy of the violation notice or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the violation notice. The violation notice, copy or computer generated record shall be admissible in any subsequent administrative or legal proceedings.
(Ord. 2008-40, passed 9-15-08)