Chapter 10-12
AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM
Sections:
10-12-040 Notice of violation.
10-12-070 Final determination.
10-12-080 Notice of determination of liability.
10-12-090 Notice of final determination.
10-12-100 Petitions to set aside determination.
Prior legislation: Ords. 3191 and 3227.
10-12-010 Definitions.
“Automated traffic law enforcement system” means a device within the city with one (1) 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, 625 ILCS 5/11-306, or similar violation of the city municipal code.
“Disregarding a traffic control device” means 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 Code.
“No turn on red” means where the motor vehicle comes to a complete stop and does not enter the intersection, as defined by Section 1-132 of the Code, during the cycle of the red signal indication unless one (1) or more pedestrians 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 Section 11-306(c) of the Code or this chapter.
“Recorded images” means 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 (1) image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.
“Traffic compliance administrator” means the person appointed as such through Article 25 of the Code and shall have the following additional powers: adopt, distribute and process automated traffic law violation notices and other notices required by this chapter, collect money paid as fines and penalties, operate the automated traffic law enforcement system, and make certified reports to the Secretary of State as required by this chapter. (Ord. 3455 § 14.260, 2022; Ord. 3257 § 14.260, 2011)
10-12-020 Violations.
It shall be a violation of this chapter for a vehicle to disregard a traffic control device or turn on red in violation of Section 11-306 of the Code. All violations must be reviewed and approved by a law enforcement officer or a retired officer employed by the city. (Ord. 3455 § 14.261, 2022; Ord. 3257 § 14.261, 2011)
10-12-030 Defenses.
The following may be considered defenses by the hearing officer for a violation of Section 10-12-020 of this code:
A. That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred, and not under the control of or in the possession of the owner at the time of the violation;
B. That the driver of the vehicle passed through the intersection when the light was red either (1) in order to yield the right-of-way to an emergency vehicle or (2) as part of a funeral procession.
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. (Ord. 3455 § 14.262, 2022; Ord. 3257 § 14.262, 2011)
10-12-040 Notice of violation.
When the automated traffic law enforcement system records a motor vehicle entering an intersection in violation of Section 10-12-020 of this code, the city shall issue a written notice of violation to the registered owner or lessee of the vehicle, which shall be delivered by U.S. mail within thirty (30) days after the Illinois Secretary of State notifies the city of the identity of the registered owner or lessee of the vehicle, and in no event later than ninety (90) days following the violation. The city shall only be required to notify a lessee if the leasing company/lessor provides the lessee’s name by an affidavit and a copy of the lease within sixty (60) days of the notice’s issuance. If the driver information is not provided within sixty (60) days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States Post Office approved database of the owner or lessee of the cited vehicle. The second notice shall be made by first class mail, postage prepaid.
A notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by the traffic compliance administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation of Section 10-12-020 of this code, or whether one of the defenses enumerated in Section 10-12-030 of this code is visibly applicable upon inspection. 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 in the manner provided for above. The traffic compliance administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. 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 statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this chapter.
The notice of violation shall include the following information:
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 make (only if discernible) and registration number of the motor vehicle involved in the violation;
C. The violation charged;
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 and the date by which the penalty should be paid (fourteen (14) days from the date of issuance), if a hearing is not requested, and a statement that the payment of the fine shall operate as a final disposition of the violation;
H. A statement that a failure to pay the civil penalty by the date noted may result in an additional late fee being assessed against the owner or lessee;
I. The amount of the late fee;
J. A statement that the failure to pay by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle;
K. A statement that the recorded images constitute prima facie evidence of a violation;
L. A statement that the person may elect to proceed by paying the fine or challenging the charge in court, by mail or by administrative hearing; and
M. A statement of how an administrative hearing may be requested. (Ord. 3455 § 14.263, 2022; Ord. 3257 § 14.263, 2011)
10-12-050 Hearing.
The owner of a vehicle being operated in violation of Section 10-12-020 of this code may request a hearing by the respond-by date on the notice of violation (fourteen (14) days from the date of issuance), to challenge the evidence or set forth an applicable 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 10-12-020 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 10-12-030 of this code.
The owner’s failure to appear at the hearing will 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. The owner’s failure to pay the amount by the date specified in that letter will result in a final determination. (Ord. 3455 § 14.264, 2022; Ord. 3257 § 14.264, 2011)
10-12-060 Nonresidents.
Where the registered owner or lessee of the cited vehicle is not a resident of the city but seeks to contest the merits of the alleged violation, such person 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, together with a written statement reflecting that they are nonresidents of the city. The traffic compliance administrator shall forward all timely submitted materials to the hearing officer for review and determination. (Ord. 3455 § 14.265, 2022; Ord. 3257 § 14.265, 2011)
10-12-070 Final determination.
A final determination of an automated traffic law violation(s) liability shall occur:
A. Following the failure to pay the total assessed fine or penalty after the hearing officer’s determination of vehicular standing, parking, compliance regulation or automated traffic law violation(s) liability within the required twenty-five (25) days and the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth; or
B. Where a person fails to appear at a prior requested administrative hearing provided to contest the alleged standing, parking or compliance regulation violation(s) on the date and at the time and place specified in a prior served or mailed notice, or fails to appear at the hearing for an automated traffic law violation on the date and at the time and place specified in a prior mailed notice. The hearing officer’s determination of vehicular standing, parking, compliance regulation or automated traffic law violation(s) liability shall become final upon the exhaustion of or the failure to exhaust any administrative or judicial review procedures hereinafter set forth:
1. Upon denial of a timely petition to set aside that determination; or
2. Upon the expiration of the period for filing a petition without a filing having been made. (Ord. 3455 § 14.266, 2022; Ord. 3257 § 14.266, 2011)
10-12-080 Notice of determination of liability.
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 fourteen (14) days of the notice of violation. Where 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 will enter the findings, decision and order’s determination of automated traffic law violation liability which shall become final: (1) upon denial of a timely petition to set aside that determination, or (2) upon expiration of the period for filing such a petition without a filing having been made. If a person appears at a hearing and is found liable or contests the violation by mail and is found liable, the hearing officer will enter the findings, decision and order, which is a final determination of automated traffic law violation liability that is a final, appealable order. (Ord. 3455 § 14.267, 2022; Ord. 3257 § 14.267, 2011)
10-12-090 Notice of final determination.
A notice of final determination shall be sent following the final determination of automated traffic law violation liability and the conclusion of 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 city; and
B. A warning that a failure to pay any fine due and owing to the city of Harvey within fourteen (14) days may result in a petition to the circuit court of Cook County to have the unpaid fine rendered as a judgment. (Ord. 3455 § 14.268, 2022; Ord. 3257 § 14.268, 2011)
10-12-100 Petitions to set aside determination.
A petition to set aside determination of an automated traffic law violation must be filed with or mailed to the traffic control administrator within fourteen (14) days of the date of mailing of the notice of determination of liability. The grounds for the petition are limited to:
A. The person was not the owner or lessee of the cited vehicle on the date the violation notice was issued;
B. The person having already paid the fine for the violation in question; and
C. Excusable failure to appear at or request a new date for a hearing.
Upon receipt of a timely petition to set aside the determination of liability, the hearing officer shall review the petition to determine if cause has been shown to set aside the determination. If cause has been shown, the city shall forward the petitioner a new hearing date on which the petitioner must appear to present his case. The city shall notify the petitioner of the hearing officer’s decision to grant a hearing or deny the petition within fourteen (14) days of the city’s receipt. (Ord. 3455 § 14.269, 2022; Ord. 3257 § 14.269, 2011)
10-12-130 Penalty.
The owner (or lessee) of a motor vehicle is subject to a penalty of one hundred dollars ($100.00) per automated traffic law violation. In the event that such penalty is not paid within fourteen (14) days after service of a final determination of liability, an additional one hundred dollar ($100.00) late payment penalty shall be imposed. A penalty shall not apply if the driver of the motor vehicle received a uniform traffic citation from a police officer at the time of the violation. The city may not charge court costs or hearing fees to persons found liable after exercising their right to appear and contest the violation at an administrative hearing. (Ord. 3455 § 14.269.1, 2022; Ord. 3257 § 14.269.3, 2011)