[Ord. 2010-19, 12-20-2010]
There is hereby adopted an automated traffic law enforcement
system of the Village of Elmwood Park, Cook County, Illinois.
[Ord. 2010-19, 12-20-2010]
As used in this chapter:
A device(s) located within the Village of Elmwood Park 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;[1] or similar provision of Section 32-1 of this Code. The automated traffic law enforcement system shall not be used to enforce speed limit regulations. The system is designed to obtain a clear recorded image of a violating motor vehicle and its license plate.
Images recorded by an automated traffic law enforcement system,
on either two or more photographs, two or more micrographs, two or
more electronic images or a video recording showing the motor vehicle,
capturing and displaying images of the vehicle violating traffic control
signals, together with at least one clearly recorded image identifying
the vehicle's license plate. The recorded image shall also display
the time, date and location of the violation.
A person appointed by the Village's Chief of Police
or his designee who shall have the following power and authority:
adopt, distribute and process automated traffic law violation notices
and other such notices as may be required by this chapter, collect
and audit money paid to the Village as fines and/or penalties, operate
the automated traffic law enforcement system, and make certified reports
to the office of the Illinois secretary of state, as required by this
chapter and Section 208.6 of the vehicle code. If the traffic compliance
administrator is the person who reviews the recorded images on behalf
of the Village to determine whether a violation has occurred, then
the traffic compliance administrator shall be a Village police officer
or retired Village police officer.
The Illinois Vehicle Code.[2]
The Village of Elmwood Park, Cook County, Illinois.
The Village code of ordinances of the Village of Elmwood
Park, Cook County, Illinois.
[Ord. 2010-19, 12-20-2010]
(a)
Each intersection equipped with an automated traffic law enforcement
system shall have a sign posted which is clearly visible to approaching
traffic indicating that the intersection is being monitored by an
automated traffic law enforcement system.
(b)
The location of all intersections equipped with an automated traffic
enforcement system shall be posted on the official Village website.
[Ord. 2010-19, 12-20-2010]
When the automated traffic law enforcement system records a motor vehicle entering an intersection in spite of a steady red or flashing red signal indication, in violation of Section 11-306 of the vehicle code, or similar provision of Section 32-1 of this Code, the duly appointed Village official or his/her designated agent shall, for each violation recorded, issue a written notice of the violation to the registered owner or lessee of the vehicle as the alleged violator. The notice 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. 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 violated Section 11-306 of the vehicle code or similar provisions of Section 32-1 of this Code, and whether one of the defenses enumerated hereinafter is visibly applicable upon inspection of the recorded image. If the reviewing technician is not a Village police officer or retired Village police officer, the associated recorded image must, prior to service of a notice of violation, be reviewed by a Village police officer or retired Village police officer to determine whether the motor vehicle violated Section 11-306 of the vehicle code or Section 32-1 of this Code. 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 herein provided. 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. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above noted vehicle code and Village code provisions and shall establish prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in Section 2C-5 of this chapter. Each notice of violation shall include the following:
(a)
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;
(b)
The registration number of the motor vehicle involved in the violation;
(c)
The violation charged, with specific reference to that section of
this Code, or the Illinois vehicle code, allegedly violated;
(d)
The location where the violation occurred;
(e)
The date and time of the violation;
(f)
A copy of the recorded images;
(g)
The amount of the civil penalty imposed under Section 2C-6 of this chapter and the date by which the civil penalty shall be paid if liability for the violation is not going to be contested;
(h)
A statement that the recorded images are evidence of a violation
of a red light signal;
(i)
A warning that failure to either pay the civil penalty or request
a hearing to contest liability within 21 days of the mailing of the
notice of violation 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, contest the violation by mail or
pay the fine in advance of the hearing;
(j)
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 court, by mail or by an
administrative hearing;
(k)
The signature or identification number, electronic or otherwise,
of the technician and/or police officer or retired police officer
reviewing the recorded images and confirming that a violation took
place; and
(l)
A website address accessible through the internet where the alleged
violator may review the recorded images of the violation.
[Ord. 2010-19, 12-20-2010]
The following shall be the only defenses available for an alleged
violator contesting liability for a violation of a red light signal,
which shall be weighed by the hearing officer and shall only rebut
the prima facie case established by the notice of violation insofar
as one or more of the following defenses are established by a preponderance
of the evidence:
(a)
The motor vehicle and/or registration plates were stolen before the
violation occurred and were not under the exclusive control of or
in the possession of the owner at the time of the red light signal
violation, which defense may be demonstrated through the submission
of a certified copy of a report concerning the stolen motor vehicle
or registration plates filed with a law enforcement agency prior to
the time of the alleged violation;
(b)
The driver of the vehicle passed through the intersection in spite
of a red light signal either to yield the right-of-way to an emergency
vehicle, or as part of a funeral procession;
(c)
The driver of the vehicle passed through the intersection in spite
of a red light signal at the direction of a police officer acting
within the scope of his/her duties; or
[Ord. 2010-19, 12-20-2010]
It shall be a violation of this chapter for a motor vehicle to be operated in violation of Section 11-306 of the vehicle code or Section 32-1 of this Code. Liability for any such violation shall be imposed upon the registered owner or lessee of the violating vehicle.
Unless the driver of the motor vehicle in question received a uniform traffic citation from a police officer at the time of the alleged violation, and notwithstanding any other provision of this Code, the motor vehicle owner is subject to a civil penalty of $100 for a proved violation of this chapter, plus an additional penalty of not more than $100 for failure to pay the original penalty within 14 days of a notice of final determination of liability. Other than the fine set forth herein for a proved violation of a red light signal and the late fee penalty that may be imposed for failing to pay the fine within 14 days of a notice of final determination of liability, no costs or hearing fees shall be imposed against an owner or lessee of a motor vehicle for exercising their right to contest the violation notice. Any penalty imposed for a violation of this chapter is a civil penalty and is not a violation of a traffic regulation governing the movement of motor vehicles, except as provided by Section 2C-4 of this chapter, and shall not be transmitted to the Illinois secretary of state to be recorded on the driving record of the vehicle owner.
[Ord. 2010-19, 12-20-2010]
The owner or lessee of a vehicle being operated in violation of Section 11-306 of the vehicle code or Section 32-1 of this Code may request a hearing no later than the respond by date on the notice of violation, which shall be 21 days from the date of issuance of the notice, to challenge the evidence or set forth an applicable allowable defense. The notice of violation shall constitute evidence of the facts contained in the notice, and is admissible in any proceeding alleging a violation of Section 11-306 of the vehicle code or Section 32-1 of this Code. The notice of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in Section 2C-5 of this chapter.
Failure to appear at the hearing shall result in a finding of
liability. In the event of a failure to appear, a "findings, decision
and order" letter will be sent to the owner or lessee. The owner's
or lessee's failure to pay the fine amount by the date specified
in that letter will result in a final determination of liability.
[Ord. 2010-19, 12-20-2010]
A determination of automated traffic law violation liability
shall occur following failure to pay the fine or penalty, or to contest
the alleged violation within 21 days of the notice of violation. If
a person fails to appear at a hearing to contest the alleged violation
in the time and manner specified in a prior mailed notice, the hearing
officer shall enter findings, decision and order resulting in a determination
of automated traffic law violation liability which order shall become
final: a) upon denial of a timely petition to set aside that determination
or b) upon expiration of the period for filing a petition to set aside
a determination of liability without having filed such petition. If
a person appears at a hearing and is found liable, or contests the
violation by mail and is found liable, the hearing officer shall enter
findings, decision and order, which is a final determination of automated
traffic law violation liability which is a final, appealable order
for purposes of administrative review.
[Ord. 2010-19, 12-20-2010]
A final determination of automated traffic law violation(s)
liability shall occur:
(a)
Following the failure to pay the total assessed fine or penalty within
35 days after the hearing officer's determination of automated
traffic law violation liability, and the exhaustion of, or the failure
to exhaust, any administrative review procedures as provided by this
Code or the Illinois administrative review law; or
(b)
Where a person fails to appear at a prior requested administrative
hearing to contest the violation on the date and at the time and place
specified in the notice, or fails to contest the violation by mail
in a timely manner. The hearing officer's determination of liability
shall become final upon the exhaustion, or failure to exhaust, any
administrative review procedures as provided by this Code or the Illinois
administrative review law.
[Ord. 2010-19, 12-20-2010]
A notice of final determination of liability shall be sent following
the final determination of liability and after the conclusion of the
period for judicial review. The notice of final determination shall
include the following information:
(a)
A statement that the unpaid fine is a debt due and owing to the Village
of Elmwood Park; and
(b)
A warning that a failure to pay any fine due and owing to the Village
of Elmwood Park within 14 days may result in a petition to the circuit
court of Cook County to have the unpaid fine rendered as a judgment,
or may result in the suspension of the person's driver's
license for failure to pay fines or penalties for five or more final
determinations of liability for violations under this chapter.
[Ord. 2010-19, 12-20-2010]
The registered owner or lessee of the cited vehicle may contest the merits of the alleged violation by mail. Such person may contest the charges using the same available defenses set forth in Section 2C-5 of this chapter, but rather than attend the administrative hearing, the registered owner or lessee may submit any and all documentary evidence to the traffic compliance administrator or other duly appointed official no later than the hearing date, together with a written statement setting forth with specific reason(s) as to why the owner of the vehicle believes that he/she is not liable for the violation. The traffic compliance administrator or other duly appointed official shall forward all timely submitted materials to the hearing officer for review and determination.
[Ord. 2010-19, 12-20-2010]
A petition to set aside determination of an automated traffic
law violation must be filed with or mailed to the traffic compliance
administrator or other designated official within 14 days of the date
of mailing of the notice of determination of liability. The grounds
for such petition are limited to:
(a)
The cited person was not the owner or lessee of the cited vehicle
on the date the violation notice was issued;
(b)
The cited person already paid the fine for the violation in question;
(c)
The driver of the vehicle was issued a uniform traffic citation by
a Village police officer; or
(d)
Excusable failure to appear at or request a new date for a hearing.
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Upon receipt of a timely petition to set aside the determination
of liability, the traffic compliance administrator or other designated
official shall immediately forward the petition to the hearing officer
who shall review the petition to determine if cause has been shown
to set aside the determination. If cause has been shown, the Village
shall forward the petitioner a new hearing date on which the petitioner
must appear to present his case or contest the violation by mail in
a timely manner. The Village shall notify the petitioner of the hearing
officer's decision to grant a hearing or deny the petition within
14 days of the hearing officer's decision.
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[Ord. 2010-19, 12-20-2010]
A notice of impending driver's license suspension shall
be sent to any person found liable for violations, and for which the
fines or penalties remain due and owing on five or more final determinations
of liability. The notice of impending driver's license suspension
shall state that the failure to pay the fine owing within 45 days
of the notice's date will result in the Village of Elmwood Park
notifying the secretary of state of the state of Illinois that the
person is eligible for initiation of suspension proceedings under
Section 6-306.5 of the Illinois Vehicle Code.[1]
The notice of impending driver's license suspension shall
be sent by first class mail, postage prepaid, to the address recorded
with the secretary of state or, if any notice to that address is returned
as undeliverable, to the last known address recorded in a United States
post office approved database.
[1]
Editor's Note: See 625 ILCS 5/6-306.5.
[Ord. 2010-19, 12-20-2010]
The traffic compliance administrator or other duly appointed
official, by certified report, shall request that the secretary of
state suspend the driving privileges of an owner of a registered vehicle
who has failed to pay any fine or penalty due and owing as a result
of five final determinations of liability. The report shall be certified
and contain the following:
(a)
The name, last known address of the owner of the vehicle as recorded
with the secretary of state, or as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United States post
office approved database if any notice sent under this chapter is
returned as undeliverable, and driver's license number of the
person who failed to pay the fine(s) or penalty(ies), and the registration
number of any vehicle known to be registered to such person in another
state;
(b)
The name of the Village of Elmwood Park as making the report; and
(c)
A statement that a notice of impending driver's license suspension
has been sent to the person named in the report at the address recorded
with the secretary of state, or at the last address known to the lessor
of the cited vehicle at the time of the lease, or, if any notice sent
under this chapter is returned as undeliverable, at the last known
address recorded at a United States post office approved database;
the date on which such notice was sent; and address to which such
notice was sent.
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The traffic compliance administrator shall notify the secretary
of state whenever a person named in the certified report has paid
the previously recorded fine(s) or penalty(ies) or whenever the Village
determines that the original report was in error. A certified copy
of such notification shall also be given, upon request, and at no
additional charge to the person named therein.
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[Ord. 2010-19, 12-20-2010]
Notwithstanding any provision of this Code to the contrary, and unless a moving violation citation is issued, the provisions of this chapter shall be the exclusive method of notice, citation, processing, adjudication and final disposition and review of automated traffic enforcement of violations of Section 11-306 of the vehicle code or Section 32-1 of this Code.
[Ord. 2010-19, 12-20-2010]
Recorded images made by the automatic traffic enforcement system
shall be confidential and shall be made available only to the alleged
violator, governmental agencies and the Village of Elmwood Park police
department for purposes of adjudicating violations, statistical or
other governmental purposes.
