(A) Detection. As used in the section, 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 § 11-306 of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-306, and §§ 70.35 and 70.36 of the municipal code of ordinances. 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 consist of either two or more photographs, two or more electronic images of 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 the 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) Procurement. See Exhibit 1 which is attached to Ord. 08-01 and made a part hereof.
(D) 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 indication violation of § 11-306 of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-306, the village 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 state’s Secretary of Illinois 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. Each notice of violation associated with and automated traffic law violation shall require a review of the associated recorded image by a technician employed or contracted by the village, who shall inspect the image and determine whether the motor vehicle violated § 11-306 of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-306, or whether one of the defenses enumerated below in division (F) below 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 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 division (F) below, 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 Illinois State, or, if the 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 village’s 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 hereunder 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 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) A statement that the registered owner or lessee of the vehicle may elect to proceed either by paying the fine stated in the notice of violation or by challenging the charge in an administrative hearing or, for non-residents of the village, by mail in accordance with division (M) below, and that failure to pay the stated fine within the allotted time will operate to process the violation notice within the administrative adjudication system and give rise to a mandatory appearance at 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, nor more than 30, days from the mailing or other service of the first notice of violation; and
(12) The signature of the technician reviewing the recorded images and confirming that a violation took place.
(E) Second notice of violation. If no moneys have been received by the village within 15 days of sending out the first notice of violation, the village shall issue a second written notice of the violation to the registered owner or lessee of the vehicle, which shall be delivered by first class mail to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of Illinois State or, if the previous notice of violation to that address was returned as undeliverable, then to the last known address recorded in a United States Post Office approved database. The second notice of violation shall be identical to the previous notice; except that, it shall be labeled “second notice of violation”. If no moneys have been received within seven days from the second notice of violation a third shall be issued; except, it shall be labeled “third notice of violation”.
(F) 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 was filed with a law enforcement agency in a timely matter;
(2) 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; and
(3) The motor vehicle was being operated by someone other than the registered vehicle owner or lessee at the time of the violation, which shall require written notification to the village and shall only be deemed a valid defense insofar as the registered vehicle owner or lessee provides the name and address of the person operating the vehicle at the time of the alleged offense. Failure to notify the village in writing of the name and address of the operator of the vehicle at the time of the alleged offense in advance of the hearing date or date on which the civil penalty is due will result in a presumption that the registered owner or lessee was the operator of the vehicle at the time of the offense and will result in a finding of liability unless one of the other defenses is applicable and duly established.
(G) Administrative adjudication. The village hereby establishes a system of administrative adjudication for a vehicular standing and parking violations, violations regarding the display of municipal wheel tax licenses and automated traffic law violations. All civil offenses to be adjudicated through the administrative system shall carry fines up to $250. The administrative adjudication system for all violations of the village code subject to administrative adjudication shall be comprised of a Code Hearing Unit which shall be comprised of a Hearing Officer and any other officials deemed necessary, including a Traffic Compliance Administrator with respect to all parking, standing, condition and use of vehicle equipment, display of municipal wheel tax licenses and automated traffic law regulations. The officers shall be vested with the power, authority and limitations as are hereinafter set forth.
(H) Powers of the Hearing Officer.
(1) The Hearing Officer shall have all of the powers granted to Hearing Officers under ILCS Ch. 65, Act 5, Art. 2.1, 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, issue a subpoena to secure the attendance of witnesses and the production of papers or documentation upon the request of the parties or their representatives, rule upon objections and the admissibility of evidence, preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing, issue a written determination, based on the evidence presented at the hearing, of whether a violation of the village code exists. The determination shall include findings of fact, decision and order setting forth the fine, penalty or action with which the person found liable must comply, impose penalties consistent with applicable village code provisions and assess costs upon finding a party liable for the charged violation.
(2) In no event may Hearing Officers sentence a violator to incarceration, impose a penalty in excess of $50,000 or in excess of specified statutory or village code limits.
(I) Powers of Traffic Compliance Administrator. The Traffic Compliance Administrator shall have all of the powers granted by ILCS Ch. 625, Act 5, § 11-208.3(b)(1), the provisions of which are incorporated herein by reference.
(J) Authorization to appoint.
(1) The Village President is hereby authorized to appoint Hearing Officers, in a number as the President deems necessary with the advice and consent of the Village Board, for a term not to exceed the current Village President’s term of office. In order to be considered for appointment to the position of Hearing Officer, a candidate must be an attorney licensed to practice law in the state for at least three years. Following appointment and confirmation, but prior to conducting administrative adjunction proceedings, Hearing Officers must successfully complete a formal training program, which includes: instructions as to the rules of administrative hearing procedures, orientation to each subject area of the village code violations that they will adjudicate, observation of administrative hearings and participation in hypothetical cases, including ruling on evidence and issuing final orders.
(2) The Village President, with the advice and consent of the Village Board of Trustees, shall appoint a Traffic Compliance Administrator for a term not to exceed that of the Village President’s current term of office, 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 Illinois State regarding a registered vehicle owner’s failure to pay fines and penalties in accordance with ILCS Ch. 625, Act 5, § 6-306.5.
(K) Compensation. Compensation for Hearing Officers, the Traffic Compliance Administrator and any other official deemed necessary to implement the system of administrative adjudication, shall be compensated as established annually by the Village President and Board of Trustees.
(L) Specifications. The violation notices concerning parking, standing, condition and use of vehicle equipment, display of municipal wheel tax licenses and automated traffic law regulations must specify the date, time and place of the violation, the regulation being violated with a citation to the village’s code of ordinances, the fine and penalties to be assessed in the event of late payment, the vehicle make (in the case of automated traffic violations, the make of the vehicle must be specified only insofar as the make is discernible) and state registration number, and the identification number of the person issuing the violation notice. The violation notice must also state that the payment of the indicated fine and of any applicable penalty for the late payment shall constitute a final disposition of the violation. In addition, the notice must provide a hearing date on which the violation may be contested on its merits and notify the alleged violator of his or her right to be represented by legal counsel at the administrative hearing.
(M) Service of violations.
(1) Violation notices shall be served in the following manner.
(a) Violations concerning parking, standing, condition and use of vehicle equipment, or display of municipal wheel tax licenses: violation notice must be either affixed to vehicle or given directly to the operator of the vehicle present.
(b) Violations of automated traffic law regulations: violation notice must be mailed to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of Illinois State within 30 days after the Secretary of Illinois State notifies the village of the identity of the registered vehicle owner, but no later than 90 days after the date of the violation.
(2) If the notice of violation is returned as undeliverable, then the notice of violation must 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.
(N) Administrative hearing. In the event that the registered vehicle owner elects to contest the merits of the alleged violation in lieu of paying the civil penalty, an administrative hearing shall be held between 15 and 30 days of the mailing of the notice of violation, which date shall be provided on the notice of violation, together with a pre-hearing date on which the penalty shall be due in order to generate a final disposition and obviate the administrative adjudication process.
(O) Taping; rules. The hearing shall be tape-recorded, and the Hearing Officer conducts the hearing in accordance with his or her powers and duties, enumerated herein. Formal rules of evidence shall not apply to the administrative hearing.
(P) Appearance. Alleged violators who do not appear on their scheduled hearing date shall have a default judgement entered against them. Alleged violators who do appear to contest an alleged violation may be represented by legal counsel at their own expense, may present witnesses, testimony and documents, may cross-examine opposing witnesses and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents. In the case of automated traffic enforcement violations, the above-stated rights of the alleged violator are limited to the furtherance of one of the available defenses as set forth herein.
(Q) Judgement. The Hearing Officer must enter either a default judgement or a determination of liability or non-liability, in accordance with consideration of the facts and testimony. The Hearing Officer shall issue a written determination, based on the evidence presented at the hearing, of whether a violation of the village code exists. The determination shall include findings of fact, a decision and order setting forth the fine, penalty or action with which the person found liable must comply, impose penalties consistent with applicable village code provisions and assess costs upon finding a party liable for the charged violation. In addition to the findings, decision and order, the Hearing Officer’s written determination shall contain a statement that the unpaid fine and any penalty assessed is a debt due and owing the village, a date by which the violation must be brought into compliance with the village code, if applicable, a warning that the findings, decision and order of the Hearing Officer may be enforced in the same manner as a judgement entered by a court of competent jurisdiction, and any expenses incurred by the village to enforce the judgement, including, but not limited to, attorney’s fees, court costs and costs related to property foreclosure, shall be a debt due and owing the village and may be collected in accordance with applicable law. A notice of default judgement shall be forwarded to any person who fails to appear and shall contain the same information as a determination of liability, but shall also state that the judgement may be set aside by the Hearing Officer in the Hearing Officer’s discretion if, within ten days of issuance of the judgement, a petition is received stating good cause for the failure to appear at the hearing. The Hearing Officer, shall then provide the petitioner with notice of a new hearing date or denial of the petition. The default judgement shall also state that it constitutes a final determination of liability if a petition is not received, if the petition is denied or, if after granting the petition and establishing a new hearing date, the petitioner fails to appear again.
(R) Determination of liability. The determination of liability issued by the Hearing Officer shall constitute a final determination for the purpose of judicial review and shall be subject to review under the State Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(S) Enforcement. Upon expiration of the period in which judicial review under the State Administrative Review Law may be sought for a final determination of a village code violation, the findings, decision and order of the Hearing Officer may be enforced in the same manner as a judgement entered by a court of competent jurisdiction.
(T) Notice of final determination. Upon expiration of the period in which judicial review under the Administrative Review Law may be sought for a final determination of a village code violation, a notice of final determination shall be sent to the registered owner or lessee of the cited vehicle, stating that the unpaid fine or penalty is a debt due and owing the village. The notice of final determination shall also warn the liable party that a failure to pay any fine or penalty due and owing the village within 15 days of the issuance of the notice of final determination may result in the village’s filing of a petition in the Circuit Court to have the unpaid fine or penalty rendered a judgement, or may result in suspension of the liable party’s driver’s license where the party has failed to pay fines or penalties for ten or more parking violations or five or more automated traffic law violations.
(U) Remedies. Nothing contained in this section shall prevent the village from pursuing all available remedies, allowed by law, to collect money judgements.
(V) 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 Secretary of Illinois State of any person liable for any fine or penalty due and owing the village for ten or more parking violations or five or more unpaid automated traffic law violations. If the 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.
(W) 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, the persons may contest the charges using the same available defenses as stated above, but rather than attend the administrative hearing, they may submit any and all documentary evidence to the Traffic Compliance Administrator no later than the hearing date referenced in the notice of liability, together with a written statement reflecting that they are non-residents of village. The traffic compliance officer shall forward all timely-submitted materials to the Hearing Officer to review and determination.
(X) Authority to execute agreement. The Village President is authorized to sign, and the Village Clerk to attest to, whatever documents are necessary and perform all actions necessary to finalize the implementation of the Traffic Enforcement Program subject to approval of the documents by the Village Attorney including, but not limited to, the execution of the agreement referenced in Ord. 08-01as Exhibit 1 and any and all necessary permits with the Illinois Department of Transportation (IDOT).
(Ord. 08-01, passed 1-8-2008)