An administrative hearing to adjudicate the alleged standing, parking, or compliance regulation or automated traffic law violation(s) on its merits is subject to the following:
A. Hearing Granted: A hearing shall be granted to the registered owner of the cited vehicle, pursuant to 625 Illinois Compiled Statutes 5/11-208.3 or the lessee of the cited vehicle, pursuant to 625 Illinois Compiled Statutes 5/11-1306, incorporated herein by reference.
B. Dates: Hearing dates shall be at the date, time and place as is set forth in the violation notice issued and served, or as assigned and indicated in any notice sent pursuant to a request for a hearing, or as indicated in such additional notices setting a hearing date that are issued in accordance with this chapter. Violators of standing, parking, or compliance regulations shall be given no less than three (3) opportunities to appear and failure to appear by the third scheduled hearing date will result in a "final determination of liability" as hereinafter set forth.
C. Hearings Recorded: Hearings shall be tape recorded.
D. Liability Or Nonliability: Hearings shall culminate in a determination of liability or nonliability, made by the hearing officer, who shall consider testimony and other evidence presented without the application of the formal or technical rules of evidence. The hearing officer shall, upon a determination of liability, assess fines, costs and penalties in accordance with section 7-5-10 of this chapter.
E. Representation By Attorney: Persons appearing to contest the alleged standing, parking, compliance or automated traffic law violation on its merits may be represented by counsel at their own expense.
F. Review: The final determination of any matter which may be decided by the hearing officer may be reviewed as is hereinafter set forth. A determination by the hearing officer of liability or nonliability is final for purposes of judicial review when entered.
G. Defenses: The hearing officer may consider the following defenses to automated traffic law violations:
1. That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred, and were therefore not under the control of or in the possession of the owner at the time of the violation. To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner; or
2. That the driver of the vehicle passed through the intersection when the light was red either: a) in order to yield the right of way to an emergency vehicle or b) as part of a funeral procession; or
3. That the driver received a uniform traffic citation from a police officer at the time of the violation for the same incident; or
4. That the driver of the motor vehicle came to a complete stop and did not enter the intersection, as defined by section 1-132 of the Illinois vehicle code 1 , during the cycle of the red signal indication, even where the motor vehicle stopped 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 Illinois vehicle code or section 7-1-3 of this title. This defense shall not apply where one or more pedestrians or bicyclists were present.
H. Burden Of Proof: No violation may be established except upon proof by a preponderance of the evidence; provided, however, that the original or a legible copy of a violation notice issued in accordance with the applicable provisions of this code, shall be prima facie evidence of the correctness of the facts specified therein. (Ord. 10-2599, 11-22-2010)
Notes
| 1 | 1. 625 ILCS 5/1-132. |