A. Findings: The president and board of trustees hereby find that:
1. The village of Wayne (hereinafter, the "village"), pursuant to public acts 94-095 and 96-1016, which amend the Illinois vehicle code, 625 Illinois Compiled Statutes 5/1-100 et seq., is vested with authority to implement an automated traffic enforcement system in order to monitor motorist compliance with traffic control signals at intersections and to devise a system of administrative adjudication to enforce the same; and
2. The village, pursuant to 625 Illinois Compiled Statutes 5/11-208.6, may enact an ordinance providing for an automated traffic law enforcement system to enforce state and local traffic control signal laws and regulations through the use of electronic monitoring devices and by imposing liability on the registered owners of vehicles violating such state laws and local provisions; and
3. The village, pursuant to 625 Illinois Compiled Statutes 5/11-208.3 and 65 Illinois Compiled Statutes 5/1-2.2-1 et seq., may enact a system of administrative adjudication to adjudicate violations of regulations related to automated traffic law violations; and
4. The president and board of trustees of the village are desirous of providing a fair and efficient method of enforcing certain village regulations through administrative adjudication of violations regarding the display of municipal and automated traffic law violations; and
5. The village, pursuant to 625 Illinois Compiled Statutes 5/11-208(a)(2), may regulate traffic through the use of traffic control signals; and
6. The village, pursuant to 625 Illinois Compiled Statutes 5/11-208(a)(15), may adopt traffic regulations as authorized by the Illinois vehicle code; and
7. The president and board of trustees of the village believe that instituting a system of administrative adjudication to adjudicate contested matters with respect to the automated traffic law enforcement system will facilitate prompt and just resolution of disputes.
B. Definitions:
AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM: 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 ("IVC"), 625 Illinois Compiled Statutes 5/11-306, or similar violation of this code.
DISREGARDING A TRAFFIC CONTROL DEVICE: Failure to stop and remain stopped before an intersection that is controlled by a red signal as provided for in section 11-306 of the IVC.
NO TURN ON RED: Where the motor vehicle comes to a complete stop and does not enter the intersection as defined by section 1-132 of the IVC 1 , during the cycle of the red signal indication unless one or more pedestrians or bicyclists are present, even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop, as specified in subsection (c) of section 11-306 of the IVC 2 or this chapter.
RECORDED IMAGES: Images produced by the automated traffic law enforcement system, which consist of either two (2) or more photographs; two (2) or more microphotographs; two (2) or more electronic images; or, a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.
TRAFFIC COMPLIANCE ADMINISTRATOR: The person appointed as such by the chief of police and who is a law enforcement or a retired law enforcement officer of the village and who shall have the following powers: to adopt, distribute and process automated traffic law violation notices and other notices required by this chapter, to collect money paid as fines and penalties, operate the automated traffic law enforcement system, and to make certified reports to the secretary of state as required by this chapter. (Ord. 10-22, 12-7-2010, eff. 1-1-2011)
Notes
| 1 | 1. 625 ILCS 5/1-132. |
| 2 | 1. 625 ILCS 5/11-306. |