G4-09 Ordinance No. G4-09
AN ORDINANCE
AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
TO ESTABLISH PROCEDURES FOR AUTOMATED TRAFFIC LAW ENFORCEMENT
AND THE ADMINISTRATIVE ADJUDICATION OF VIOLATIONS UNDER SUCH
ENFORCEMENT SYSTEM
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled
"Vehicles and Traffic," be and is hereby amended by creating Chapter 11.63, entitled,
"Automated Traffic Law Enforcement and Administrative Adjudication,"to read as follows:
SECTION:
11.63.010: Authorization
11.63.020: Definitions
11.63.030: System Established
11.63.040: Office of Administrator Established
11.63.050: Determination Required
11.63.060: Violation Notice
11.63.070: Opportunity for Hearing
11.63.080: Final Determination
11.63.090: Determination Notice
11.63.100: Petition to Set Aside
11.63.110: Suspension Notice
11.63.120: Challenge to Certified Report
11.63.130: Non-Resident of City
11.63.140: Penalty
11.63.010: AUTHORIZATION:
Establishing automated traffic law enforcement systems at specified intersections in the
City of Elgin at which traffic is controlled by signals exhibiting different colored lights or
color-lighted arrows will benefit the public health, safety and welfare by deterring drivers
from entering those intersections in violation of red light signals, thereby decreasing the
potential for personal injury and property damage due to vehicle collisions caused by red
light violations. The City has entered into agreements with Redflex Traffic Systems, Inc.
for the design and implementation of a system of automated traffic law enforcement and
for services related to the system. The city manger has been, and is by this ordinance duly
authorized and directed to execute such system and service agreements with Redflex
Traffic Systems, Inc. binding the City to terms of those respective agreements. The city
clerk has been, and is by this ordinance duly authorized and directed to attest to the city
manager's signature on such agreements as is necessary.
11.63.020: DEFINITIONS:
As used in this chapter, words or terms shall have the following meanings unless the
context or usage clearly indicates that another meaning is intended:
"Administrator" means the City's traffic control administrator.
"Automated Traffic Law Violation" means a violation described in section 11-208.6 of
the Illinois Vehicle Code (625 ILCS 5/11-208.6), as amended.
"Automated Traffic Law Enforcement System" means a device 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 red light signal in violation of
section 11-306 of the Illinois Vehicle Code (625 ILCS 5/6-306.5), as amended, or a
similar provision of the Elgin Municipal Code.
"Certified Report" means a report concerning five (5) or more unpaid fines or penalties
for Automated Traffic Law Violations made by the City to the Illinois Secretary of State
in accordance with section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-306.5), as
amended.
"City"means the City of Elgin, Kane and Cook Counties, Illinois.
"Determination Notice" means a notice of final determination of Automated Traffic Law
Violation liability issued pursuant to section 11-208.3 of the Illinois Vehicle Code (625
ILCS 5/11-208.3), as amended, and pursuant to the provisions of this Chapter.
"Illinois Vehicle Code" means the Illinois Vehicle Code (625 ILCS 5/1-100, et seq.), as
amended.
"Recorded Images" means images showing the time, date and location of an Automated
Traffic Law Violation recorded by an Automated Traffic Law Enforcement System on:
(i) two (2) or more photographs; (ii) two (2) or more microphotographs; (iii) two (2) or
more electronic images; or, (iv) 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.
"Secretary"means the Illinois Secretary of State.
"Suspension Notice" means a notice of impending driver's license suspension issued
pursuant to section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as
amended, and pursuant to the provisions of this Ordinance.
"System" means, individually, an Automated Traffic Law Enforcement System or,
collectively, Automated Traffic Law Enforcement Systems established in the City
pursuant to the authorizations in this Chapter.
"Violation Notice" means an Automated Traffic Law Violation notice issued pursuant to
section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as amended, section
11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.6), as amended, and pursuant
to the provisions of this Chapter.
11.63.030: SYSTEMS ESTABLISHED:
The City hereby establishes a System at all intersections within the corporate limits that
are regulated by authorized traffic control signals pursuant to a schedule devised by City
staff.
11.63.040: OFFICE OF ADMINISTRATOR ESTABLISHED:
There is hereby established the office of the Administrator, which shall be designated by
the city manager. The Administrator or his or her designee shall be authorized to adopt,
distribute and process Violation Notices and other notices required by section 11-208.3 of
the Illinois Vehicle Code, collect money paid as fines and penalties for Automated
Traffic Law Violations and operate an administrative adjudication system for Automated
Traffic Law Violations. The Administrator is also authorized to make a Certified Report
to the Secretary pursuant to section 6-306.5 of the Vehicle Illinois Vehicle Code, and any
such Certified Report shall contain the information required under Section 6-306.5(c) of
the Illinois Vehicle Code.
11.63.050: DETERMINATION REQUIRED:
Before a citation may be issued for any Automated Traffic Law Violation, a
determination must be made by a technician employed or contracted by the City that,
based on inspection of Recorded Images generated by the System, the motor vehicle was
being operated in violation of Section 11-208.6 of the Illinois Vehicle Code or an
ordinance of the City. If the technician determines that the vehicle entered the
intersection as part of a funeral procession or in order to yield the right-of-way to an
emergency vehicle, a citation shall not be issued.
11.63.060: VIOLATION NOTICE:
A Violation Notice shall be served by mail to the address of the registered owner of a
vehicle cited for an Automated Traffic Law Violation as recorded with the Secretary
within thirty (30) days after the Secretary notifies the City of the identity of the owner of
the vehicle, but in no event later than ninety (90) days after the violation. Service of a
Violation Notice shall be deemed complete as of the date of deposit in the United States
mail. The original or a facsimile of a Violation Notice or, in the case of a Violation
Notice produced by a computerized device, a printed record generated by the device
showing the facts entered on the Violation Notice, shall be retained by the Administrator,
and shall be a record kept in the ordinary course of business. A Violation Notice issued,
signed and served in accordance with this Chapter and section 11-208.3 of the Illinois
Vehicle Code, a copy of the Violation Notice or the computer generated record shall be
prima facie correct and shall be prima facie evidence of the correctness of the facts
shown on the Violation Notice. The Violation Notice, copy or computer generated record
shall be admissible in any subsequent administrative or legal proceedings.
11.63.070: OPPORTUNITY FOR HEARING:
A. The registered owner of the vehicle cited in a Violation Notice shall have the
opportunity for a hearing in which said owner may contest the merits of the
alleged violation. The lessee of a vehicle cited in a Violation Notice likewise shall
be afforded the opportunity for a hearing of the same kind afforded the registered
owner.
B. The hearing officer shall be appointed by the city manager and shall serve
pursuant to the terms set forth in an employment agreement for such services as
determined by the city manager. Hearing officers shall be subject to removal at
the sole discretion of the city manager.
C. The formal or technical rules of evidence shall not apply at any such hearing.
D. Such hearings shall be recorded, and the hearing officer shall be empowered to
administer oaths and to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books an papers. Persons appearing at
such a hearing may be represented by counsel at their own expense.
11.63.080: FINAL DETERMINATION:
A final determination of Automated Traffic Law Violation liability shall occur following
failure to pay the fine or penalty after a hearing officer's determination of violation
liability. 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's determination of
violation liability shall become final: (i) upon denial of a timely petition to set aside that
determination; or (ii) upon expiration of the period for filing such a petition without a
filing having been made.
11.63.090: DETERMINATION NOTICE:
A Determination Notice shall be sent following a final determination of Automated
Traffic Law Violation liability and the conclusion of judicial review procedures taken
under section 11-208.3 of the Illinois Vehicle Code. A Determination Notice shall be sent
by first class, United States mail, postage prepaid, to the address of the registered owner
of the cited vehicle as recorded with the Secretary 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 or, under section 11-1306 of the Illinois Vehicle Code, to the
lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the
time of the lease or, if any notice to that address is returned as undeliverable, to the last
known address recorded in a United States Post Office database. Service of the
Determination Notice shall be deemed complete as of the date of deposit in the United
States Mail.
11.63.100: PETITION TO SET ASIDE:
A person owing an unpaid fine or penalty for Automated Traffic Law Violation penalty
may file a petition to set aside a final determination of such liability within ten (10) days
after service by the City of a Determination Notice. Such a petition shall be filed by
sending the same, together with any documentation in support thereof, to the
Administrator by certified mail, return receipt requested, or by personal delivery to the
Administrator. The grounds for such a petition shall be limited to: (i) the person not
having been the owner or lessee of the cited vehicle on the date the Violation Notice was
issued; (ii)the person having already paid the fine or penalty for the violation in question;
and (c) excusable failure to appear at or request a new date for a hearing. A hearing on
such a petition shall be held within thirty (30) days after the filing of same. In the event
that such a petition is granted upon a showing of just cause, and the subject determination
of Automated Traffic Law Violation liability is thereby set aside, the registered owner
shall be provided with a hearing on the merits for that violation.
11.63.110: SUSPENSION NOTICE:
A Suspension Notice shall be sent to the person liable for any fine or penalty that remains
due and owing on five (5) or more unpaid Automated Traffic Law Violations. The
Suspension Notice shall be sent by first class United States mail, postage prepaid, to the
address recorded with the Secretary 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. Service of a Suspension Notices hall be deemed complete as of the date of
deposit in the United States mail.
11.63.120: CHALLENGE TO CERTIFIED REPORT:
If the Administrator provides a Suspension Notice to a vehicle owner and subsequently
makes a Certified Report to the Secretary, the subject vehicle owner may challenge the
accuracy of the Certified Report in writing. To do so, the vehicle owner must submit to
the Administrator a written statement under oath, together with any supporting
documentation, establishing one of the following grounds for challenging the accuracy of
the Certified Report: (i) that the person was not the owner or lessee of the subject vehicle
or vehicles receiving five (5) or more Automated Traffic Law Violations on the date or
dates such Violation Notices were issued; or (ii) that the person already paid the fines or
penalties for the five (5) or more Automated Traffic Law Violations indicated on the
Certified Report. Such statement and supporting documentation must be sent to the
Administrator by certified mail, return receipt requested, or hand-delivered to the
Administrator within five (5) days after the person receives notice from the Secretary that
that the person's driver's license will be suspended at the end of a specified period of
time unless the Secretary is presented with a notice from the City certifying that the fines
or penalties due and owing have been paid or that the inclusion of the person's name on
the Certified Report was in error.
11.63.130: NON-RESIDENT OF CITY:
A non-resident of the City who receives a Violation Notice may contest the merits of the
alleged Automated Traffic Law Violation without attending a hearing by sending a
signed statement, under oath, together with any supporting documentation, to the
Administrator via certified mail, return receipt requested, within ten (10) days after
service of the Violation Notice. Such a statement shall set forth the reasons why a finding
of liability should not be entered. The Administrator shall rule on such a statement within
ten (10) days after receipt of same, and shall inform the non-resident of his or her
decision within ten(10) days thereafter.
11.63.140: PENALTY:
Unless the driver of the motor vehicle cited for an Automated Traffic Law Violation
received a Uniform Traffic Citation from a police officer at the time of the violation, the
owner of the motor vehicle shall be subject to a penalty of seventy-five dollars ($75) per
violation. In the event that such penalty is not paid within fourteen (14) days after service
of a Violation Notice,the penalty shall be increased to one hundred dollars ($100).
Section 2. That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled
"Vehicles and Traffic," be and is hereby amended by amending Chapter 11.62, entitled,
"Administrative Adjudication," to amend the first paragraph of section 11.62.040B to read as
follows:
B. Hearing Officer: The hearing officers shall be appointed by the city manager and
shall serve pursuant to the terms set forth in an employment agreement for such
services as determined by the city manager. Hearing officers shall be subject to
removal at the sole discretion of the city manager. To ensure the efficient
operation of the administrative hearings, the city manager may appoint more than
one hearing officer. A hearing officer shall:
Section 3. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the City Council that this ordinance
would have been adopted had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
. .
enk Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schock, Mayor
Presented: January 14, 2009 �,� y P7f s`�
Passed: January 14, 2009 (, ;\
Omnibus Vote: Yeas: 5 Nays: 0 `d y�� 1
Recorded: January 15, 2009
Published: January 16, 2009 (-s
Attest: �
A4nD V .D
Diane Robertson, City Jerk
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