HomeMy WebLinkAboutORDINANCE - 3253 - 12/14/2010 - TRAFFIC LAW ENFORCEMENT SYSTEMORDINANCE NO. 3253
AN ORDINANCE AMENDING SECTION 6-3-11 ENTITLED "AUTOMATED TRAFFIC
LAW ENFORCEMENT SYSTEM" OF CHAPTER 3 ENTITLED "GENERAL TRAFFIC
PROVISIONS" OF TITLE 6 ENTITLED "POLICE DEPARTMENT; MOTOR
VEHICLES AND TRAFFIC; ORDINANCE VIOLATIONS" OF THE MUNICIPAL
CODE OF THE VILLAGE OF ELK GROVE VILLAGE
WHEREAS, the Village of Elk Grove Village (hereinafter, the "Village"), pursuant to
P.A. 94-795, which amends the Illinois Vehicle Code, 625 ILCS 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 same; and
WHEREAS, the Village, pursuant to 625 ILCS 5/11-208.6, as amended by P.A. 96-
1016, 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 registered vehicle owners violating such State
laws and local provisions; and
WHEREAS, the Village, pursuant to 625 ILCS 5/11-208.3 and 65 ILCS 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
WHEREAS, the Village: pursuant to 625 ILCS 5/11-208(a)(2), may regulate traffic
through the use of traffic control signals; and
WHEREAS, the Village, pursuant to 625 ILCS 5/11-208(a)(15), may adopt traffic
regulations as authorized by the Illinois Vehicle Code; and
WHEREAS, the Corporate Authorities of the Village previously adopted legislation
providing a fair and efficient method of enforcing certain Village regulations through
administrative adjudication of vehicular violations regarding the automated traffic law violations;
and
WHEREAS, the Corporate Authorities of the Village believe that modifying the current
system of administrative adjudication to adjudicate contested matters with respect to the
automated traffic lave enforcement system will further facilitate prompt and just resolution of
disputes.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
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Section 1: That Section 6-3-11 entitled "Automated Traffic Law Enforcement System'
of Chapter 3 entitled "General Traffic Provisions" of Title 6 "Police Department; Motor Vehicles
and Traffic; Ordinance Violations" of the Village Code; as amended, is hereby further amended
to read as follows:
6-3-11: AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM
6-3-11-1: DEFINITIONS
Automated Traffic Law Enforcement System means 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 ("Vehicle Code"), 625 ILCS 5/11-306, or similar violation of Section 6-3-1
of the Village 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
Vehicle Code or Section 6-3-1 of the Village Code.
Recorded Images mean 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 a person appointed who shall have the
following additional powers: adopt, distribute and process automated traffic law violation
notices and other notices required by this Section, authorize the collection of 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 Section.
Village means the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois.
Village Code means the Village Code of the Village of Elk Grove Village, Illinois.
Violation means motor vehicle entering an intersection against a steady red or flashing
signal or failing to come to a complete stop prior to turning right on a steady red or
flashing signal or failing to come to a complete stop prior to turning left from a one-way
street to a one-way street on a steady or flashing red signal or turning right on a red signal
at an intersection controlled by a "No Turn on Red" or similar sign in violation of Section
11-306 of the Code or similar violation of Section 6-3-1 of the Village Code. The
foregoing notwithstanding, it shall not be considered a violation of an automated traffic
enforcement system in those instances where a motor vehicle comes to a complete stop as
defined by Section 1-199 of the Code or similar provision of the Village Code and prior
to entering an intersection as defined by Section 1-132 of the Code during the cycle of the
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red signal indication, even if the motor vehicle stops at a point past the stop line or
crosswalk where a driver is required to stop, but prior to entering the intersection as
specified in subsection (c) of Section 11-306 of the Code or similar section of the Village
Code, unless one or more pedestrians or bicyclists are present.
6-3-11-2: VIOLATIONS OF RED LIGHT TRAFFIC CONTROL DEVICE
It shall be a violation of this Section for a vehicle to disregard a traffic
control device or turn on red light or flashing red signal in violation of
Section 1-306 of the Vehicle Code or similar provisions of Section 6-3-1 of
the Village Code, except it shall not be considered a violation of Section 6-
3-11 where a motor vehicle comes to a complete stop, as defined by
Section 1-199 of the Code and prior to entering the intersection as defined by
Section 1-132 of the Code during the cycle of the red signal indication, even
if the motor vehicle stops at a point past the stop line or crosswalk
where a driver is required to stop, as specified in subsection (c) of Section
11-306 of the Code or similar provision of the Village Code of Ordinances,
unless one or more pedestrians or bicyclists are present.
6-3-11-3: DEFENSES
The following may be considered defenses by the hearing officer for a
violation of Section 6-3-11-2 of this Chapter:
1. 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;
2. That the driver of the vehicle passed through the intersection when the light was red
either (i) in order to yield the right-of-way to an emergency vehicle or (ii) as part of a
funeral procession;
3. At the direction of a police officer acting within the scope of his duties;
4. The driver of the motor vehicle was issued a Uniform Traffic Citation by a police
officer for a violation of Section 11-306 of the Vehicle Code or Section 6-3-1 of the
Village Code.
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.
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6-3-11-4: NOTICE OF VIOLATION
When the automated traffic law enforcement system records a motor vehicle entering an
intersection in violation of Section 6-3-11-2, the Village 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 Village
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 Village 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 a Village police officer or retired Village
police officer or by the Traffic Compliance Administrator, if the Traffic Compliance
Administrator is a Village police officer or retired Village police officer, who shall
inspect the image and determine whether the motor vehicle was being operated in
violation of Section 6-3-11-2, or whether one of the defenses enumerated in Section 6-3-
11-3 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 Section 6-3-11-3 of this Chapter.
The Notice of Violation shall include the following information:
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 make (only if discernable) and registration number of the motor vehicle involved
in the violation;
3. The violation charged;
4. The location where the violation occurred;
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5. The date and time of the violation;
6. A copy of the recorded images;
7. 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, either in person or by
mail, is not requested, and a statement that the payment of the fine shall operate as a
final disposition of the violation;
8. 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;
9. The amount of the late fee;
10. 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;
11. A statement that the recorded images constitute prima facie evidence of a violation;
12. 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
13. A statement of how an administrative hearing may be requested.
6-3-11-5: HEARING
The owner or lessee of a vehicle being operated in violation of Section 6-3-11-2 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
inadmissible in any proceeding alleging a violation of Section 6-3-11-2. The Notice of
Violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of
the defenses established in Section 6-3-11-2. Other than the fine or penalty imposed
upon a finding of liability for the violation and any late payment penalty for failure to pay
the fine or penalty in a timely manner, no additional fee or cost shall be imposed upon
vehicle owner or lessee for exercising one's right to contest the violation.
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.
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6-3-11-6: CONTEST BY MAIL
A registered owner or lessee of a cited vehicle that seeks to contest the merits of the
alleged violation, may contest the charges using the same available defenses as stated
above, but rather than attend the administrative hearing, may submit any and all
documentary evidence to the Traffic Compliance Administrator no later than the hearing
date, together with a written statement setting forth their defense to the violation. The
Traffic Compliance Administrator shall forward all timely -submitted materials to the
hearing officer for review and determination.
6-3-11-7: 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 the 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.
6-3-11-8: 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 Findings, Decision and Order's determination of Automated Traffic
Law Violation Liability which shall become final: (a) upon denial of a timely petition to
set aside that determination, or (b) 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 Findings,
Decision and Order, which is the final determination of Automated Traffic Law Violation
Liability that is a final, appealable order.
6-3-11-9: 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 statement that the unpaid fine is a debt due and owing to the Village.
2. A warning that a failure to pay any fine due and owing to the Village of Elk
Grove Village within fourteen (14) days may result in a petition to the Circuit
Court of Cook County or DuPage County accordingly to have the unpaid fine
rendered as a judgment or may result in the suspension of the person's drivers
license for failure to pay fines or penalties for five (5) or more violations
under this Section 6-3-11.
6-3-11-10: PETITION 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 Compliance 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:
1. The person was not the owner or lessee of the cited vehicle on the date of the
violation notice was issued;
2. The person having already paid the fine for the violation in question; and
3. 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 shorn to set aside the
determination. If cause has been shorn, 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. The Village shall notify the petitioner of the hearing officer's decision
to grant a hearing or deny the petition within fourteen (14) days of the Village's receipt of
the petition.
6-3-11-11: NOTICE OF IMPENDING DRIVER'S LICENSE SUSPENSION
A Notice of Impending Driver's License Suspension shall be sent to the person liable for
any fine or penalty that remains due and owing on five (5) or more violations of this
Section 6-3-11. The Notice of Impending Driver's License Suspension shall state the
following information:
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1. The failure to pay the fine and any late payment penalties owing within forty-
five (45) days of the notice's date will result in the Village notifying the
Secretary of State that the person is eligible for initiation of suspension
proceedings under Section 6-306.5 of the Vehicle Code;
2. A statement that the person may obtain a copy of the original ticket(s)
imposing a fine(s) by sending a self-addressed, stamped envelope to the
Village along with a request for the copy.
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.
6-3-11-12: DRIVER'S LICENSE SUSPENSION
The Traffic Compliance Administrator, by certified report, may 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 (5) or more automated traffic
violations.
The report shall be certified and contain the following:
The name, last known address of the owner as recorded with the Secretary of State, 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 section is
returned as undeliverable, and driver's license number of the person who failed to pay
the fine or penalty and the registration number of any vehicle known to be registered
or leased to such person in a state;
2. The Village of Elk Grove Village is the municipality making the report pursuant to
this section; and
3. 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 section is returned as undeliverable at the last known
address recorded at the United States Post Office approved database; the date on
which such notice was sent; and address to which such notice was sent.
The Traffic Compliance Administrator shall notify the Secretary of State whenever a
person named in the certified report has paid the previously recorded fine or penalty or
wherever the municipality 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.
Any person receiving notice from the Secretary of State that their driving privileges may
be suspended at the end of a specified period may challenge the accuracy of the certified
report prepared by the Traffic Compliance Administrator. The person shall, within seven
(7) days after having received notice from the Secretary of State, request an opportunity
to speak with the Traffic Compliance Administrator to challenge the accuracy of the
certified report. If the Traffic Compliance Administrator determines that the original
report was in error due to the fact that the person challenging the report was not the
owner or lessee of the vehicle or that the person has already paid their fine for the five (5)
or more automated traffic violations, the Traffic Compliance Administrator shall
immediately notify the Secretary of State of such error in a subsequent certified report.
6-3-11-13: PENALTY
The registered owner or lessee of a motor vehicle violating Section 6-3-11-2 shall be
fined one hundred ($100.00) dollars for each offense. Failure to pay the original fine
within fourteen (14) days of the issuance of The Notice of Final Determination shall
result in an additional one hundred ($100.00) dollars late payment fine.
6-3-11-14: CONFIDENTIALITY
Recorded images made by automated traffic law enforcement system shall be
confidential and shall be made available only to the alleged violator, governmental
agencies, the Elk Grove Village Police Department and hearing officer for purposes of
adjudicating violations, statistical or other governmental purposes.
6-3-11-15: SIGNAGE/WEBSITE POSTING
Any 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.
The location of all intersections equipped with an automated traffic law enforcement
system shall be posted on the official Village website.
Section 2: If any section, paragraph, clause or provision of this ordinance
shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this
ordinance.
Section 3: All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed insofar as they conflict herewith.
Section 4: That this ordinance shall be immediately in full force and effect ten (10) days
after its passage, approval and publication according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 14th day of December 2010.
APPROVED this 14th day of December 2010.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
Published this 17th day of December 2010 in pamphlet form.
Ord. amendedautomatedtratT i cl aword
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