The Village hereby adopts an automated traffic law enforcement system pursuant to Section 11-208.3 of the Illinois Vehicle Code, 625 ILCS 5/11-208.3, for the purposes of using photographic, video, or digital imaging equipment to record visual images of vehicles entering intersections in violation of Section 11-306 of the Vehicle Code and Section 7-4-3 of this Code, and using those images as the basis for issuing citations for such violations.
Whenever used in this Article 4, the following terms shall have
the following meanings unless a different meaning is required by the
context.
One or more devices located within the Village with one or
more motor vehicle sensors working in conjunction with a red light
signal to produce recorded images of a motor vehicle entering an intersection
against a steady red or flashing red signal indicating a violation
of Section 11-306 of the Illinois Vehicle Code, 625 ILCS 5/11-306,
that is designed to obtain a clear recorded image of a violating motor
vehicle and its license plate and is not used to record vehicle speeds
or to enforce speed limit regulations.
A violation of Section 11-306 of the Illinois Vehicle Code,
625 ILCS 5/11-306, as recorded by an automated traffic law enforcement
system.
The hearing officer appointed pursuant to Section 18-3-5 of this Code.
Images recorded by an automated traffic law enforcement system,
which consist of either two or more photographs, two or more microphotographs,
two or more electronic images or a video recording showing the motor
vehicle, together with at least one clearly recorded image identifying
the vehicle's license plate, each of which display the time, date
and location of the violation.
The police officer designated by the Village to review evidence
of violations and approve the issuance of citations for such violations.
The registered owner or lessee of a vehicle shall be liable
for an automated traffic law violation and the civil penalty imposed
pursuant to this Article 4 if such vehicle disregards a traffic-control
signal in violation of Section 5/11-306 of the Illinois Vehicle Code,
625 ILCS 5/11-306.
All automated traffic law violations described under this Article 4 shall be adjudicated pursuant to the Village's administrative hearing system, as set forth in Chapter 18, Article 3 of this Code, and the regulations of this Article 4.
Any intersection equipped with an automated traffic law enforcement
system shall have a sign posted which is visible to approaching traffic
indicating that the intersection is being monitored by an automated
traffic law enforcement system.
When the automated traffic law enforcement system records a motor vehicle entering an intersection against a steady red or flashing red signal indication, in violation of Section 11-306 of the Illinois Vehicle Code, the Traffic Compliance Administrator shall, for each violation recorded, review and approve a written notice of the violation to the registered owner or lessee of the vehicle as the alleged violator. Prior to service of a notice of violation, the associated recorded image shall be reviewed by a technician employed or contracted by the Village, who shall inspect the image and determine whether the motor vehicle was being operated in violation of Section 11-306 of the Illinois Vehicle Code, and whether one of the defenses enumerated in Section 7-4-7 of this Code is applicable upon inspection of the recorded image. Upon determination that the recorded image captures a violation and that no defense applies, the notice of violation shall be served upon the registered vehicle owner or lessee in the manner herein provided.
(A)
Each notice of an automated traffic law violation 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 violation charged;
(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 and the date by which
the civil penalty shall 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;
(9)
A warning that failure to either pay the civil penalty or to
contest liability 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 other 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;
(11)
The make of the vehicle, if readily discernable from the recorded
image; and
(12)
The date, time and location of the administrative hearing at
which the charge may be contested on its merits.
(B)
The notice of violation shall be delivered by first class mail, postage
prepaid, within 30 days after the Illinois Secretary of State notifies
the Village of the identity of the registered owner or lessee of the
vehicle, but in no event later than 90 days after the violation.
(C)
The Traffic Compliance Administrator or other duly appointed official
shall retain a copy of all violation notices, recorded images and
other correspondence mailed to the alleged violator.
(D)
Each notice of violation shall be evidence of the facts contained in the notice and shall establish prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in Section 7-4-7 of this Code. Each notice is admissible in any proceeding alleging an automated traffic law violation.
The hearing officer may consider in defense of an automated
traffic law violation:
(A)
That 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 defense
must be demonstrated through the submission of proof that a report
concerning the stolen motor vehicle or registration plates was filed
with a law enforcement agency in a timely manner;
(B)
That the driver of the vehicle passed through the intersection when
the light was red either to yield the right-of-way to an emergency
vehicle or as part of a funeral procession; or
(C)
That the automated traffic law enforcement system was not operating
properly at the time of the violation.
The Village shall adopt procedures for the processing of violations
and the collection of civil penalties and costs under this Article
4 to the extent that those procedures do not contradict or are otherwise
inconsistent with this Article 4.
The failure to seek an administrative hearing to contest the violation or to pay the civil penalty for the violation within 30 days of the issuance of the notice of violation shall constitute a waiver of the right to contest the violation and will be considered an admission of liability. Any such failure shall result in the imposition of an additional penalty as provided in Section 7-4-11 of this Code for failure to pay or contest the original penalty on or before the due date thereof.
Recorded images made by the automated traffic law enforcement
system shall be confidential and shall be made available only to the
alleged violator, to governmental and law enforcement agencies for
purposes of adjudicating automated traffic law violations, or for
statistical or other governmental purposes. Any recorded image evidencing
an automated traffic law violation, however, may be utilized and admissible
as evidence in any administrative hearing or other proceeding resulting
from or relating to the violation.
Unless the driver of the motor vehicle in question received
a uniform traffic citation from a police officer at the time of the
alleged automated traffic law violation, a vehicle owner or lessee
who violates this Article 4 shall be subject to a civil penalty in
an amount set forth in the Annual Fee Resolution for a violation of
this Article 4.[1] An additional penalty in an amount set forth in the Annual
Fee Resolution will be imposed if the violator fails to pay the original
penalty or to request an administrative hearing to contest the violation
within 30 days after the date of issuance of the notice of violation.
Any penalty imposed for a violation of this Article 4 is a civil penalty
and is not a violation of a traffic regulation governing the movement
of motor vehicles and shall not be recorded on the driving record
of the vehicle owner.
