HomeMy Public PortalAboutOrdinance 3273 VILLAGE OF PLAINFIELD
ORDINANCE NO. 3273
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE IX OF THE
CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Relating to an Automated Traffic Law Enforcement System
ADOPTED BY THE
PRESIDENT AND BOARD
OF TRUSTEES OF THE
VILLAGE OF PLAINFIELD
THIS 20TH DAY OF JUNE 2016.
Published in pamphlet form by
the authority of the President
and Board of Trustees of the
Village of Plainfield, Will and
Kendall Counties, Illinois,
this 21st day of June 2016.
ORDINANCE NO. 3273
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE IX OF THE
CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Related to an Automated Traffic Law Enforcement System
WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties,
Illinois, as a home rule municipality in accordance with Article VII, Section 6(a) of
the Constitution of the State of Illinois of 1970, enacts this Ordinance pursuant to
its home rule authority; and
WHEREAS, pursuant to the laws of the State of Illinois, the Village has the
authority to adopt ordinances related to certain traffic regulations; and
WHEREAS, the Village's automated traffic law enforcement system
monitors compliance with traffic control signals at intersections and enforces
State and local traffic control signal laws through the use of electronic monitoring
devices; and
WHEREAS monitoring such compliance and enforcing traffic control signal
laws is a matter that affects the safety and general welfare of the citizens of the
Village; and
WHEREAS, the Village President and the Village Board of Trustees
("Village Board") have determined that in the interest of promoting the safety and
general welfare of the citizens of the Village, it is necessary and desirable to
amend the Village's Code of Ordinances to further comprehensively regulate the
automated traffic law enforcement system; and
WHEREAS, the Village President and the Village Board specifically find
that the amendment of this Ordinance will promote the safety and welfare of the
citizens of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND
KENDALL COUNTIES, ILLINOIS, as follows:
SECTION ONE. That the Preamble to this Ordinance and Exhibits are
adopted by this reference as if fully set forth herein.
SECTION TWO. That Chapter 5, Article IX of the Village's Code of
Ordinances, entitled "Automated Traffic Law Enforcement System", be and
hereby is amended as set forth in Section Three below. The amended text with
document markings is attached hereto as Exhibit "A". Deletions from the Code
are ovcrstruck and additions to the Code are double underlined.
SECTION THREE.
Sec. 5-225. Automated Traffic Law Enforcement System.
The Village is hereby authorized to direct and supervise an automated traffic law
enforcement system pursuant to the provisions of this Article.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-226. Definitions.
Unless the context otherwise requires, the following terms as used in this Article
shall be construed according to the definitions given below:
Automated Traffic Law Enforcement System means a device within the Village
with one or more motor vehicle sensors working in conjunction with red light
signals to produce recorded images of motor vehicles entering an intersection
against a steady or flashing red signal indication in violation of 625 ILCS 5/11-
306, or similar violation of the Village Code.
Disregarding a Traffic Control Device means the failure of an operator of a motor
vehicle to stop and remain stopped before an intersection that is controlled by a
red signal as provided for in 625 ILCS 5/11-306, or similar violation of this Code.
Recorded Images means the images produced by an 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 image or portion of the
recording, clearly identifying the registration plate number of the motor vehicle.
Secretary of State means the office of the Illinois Secretary of State.
Traffic Compliance Administrator shall mean the Chief of Police of the Village of
Plainfield, or his designee, who shall have the power to adopt, distribute and
process automated traffic law violation notices and other notices required by this
Article, 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 Article.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-227. Violations. It shall be a violation of this Article for a vehicle to
disregard a traffic control device in violation of 625 ILCS 5/11-306 or similar
violation of the Village Code.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-228. Signage. An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to approaching traffic
indicating that the intersection is being monitored by an automated traffic law
enforcement system.
(Ord. No. 2768, § 3, 6-3-2008)
Sec. 5-229. Administrative Adjudication. For purposes of administrative
adjudication of violations of this Article, the Village shall establish by ordinance
an administrative adjudication system pursuant to 625 ILCS 5/11-208.3. The
Village Administrator shall appoint a hearing officer in accordance with 65 ILCS
5/1-2.1-1. The jurisdiction of the administrative adjudication system shall include
violations of this Article.
(Ord. No. 2768, §3, 6-3-2008)
Sec. 5-230. Defenses. The following may be considered by the hearing officer
as defenses for a violation of Section 5-227 of this Article:
1. That the motor vehicle or registration plates of the motor vehicle were
stolen before the violation occurred, and were not under the control of or in
the possession of the registered owner of the vehicle at the time of the
violation. To sufficiently 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 registered owner at the time of the violation, the
vehicle owner must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with the applicable law enforcement
agency in a timely manner.
2. 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 funeral procession.
3. That at the time of the violation the traffic signal was not in proper position
or not sufficiently legible to allow compliance with the traffic signal.
4. That the vehicle was sold prior to the violation and the registered
owner/operator of the vehicle did not have control, possession or access to
the vehicle at the time of the violation.
5. That the driver of the vehicle was acting in response to a medical
emergency.
6. Any information related to the driver's operation of the vehicle and/or
roadway conditions, deemed by the hearing officer to be relevant to the
violation.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-231. Notice(s) of Violation. When the automated traffic law
enforcement system records a motor vehicle entering an intersection in violation
of Section 5-227 of this Article, the Village shall cause an initial notice of violation
to be issued to the registered owner or lessee of the vehicle. The initial notice of
violation shall be delivered within twenty-one (21) days of the date of the
violation. The initial notice of violation shall provide a respond-by date thirty-five
(35) days from the date of the violation. If the registered owner or lessee of the
vehicle fails to respond to the initial notice of violation, a final notice of violation
shall be issued to the registered owner or lessee of the vehicle. The final notice
of violation shall be delivered within fourteen (14) days of the respond-by date set
forth in the initial notice of violation and shall provide a respond-by date twenty-
eight (28) days from the issuance date of the final notice of violation. The Village
shall only be required to cause notice to be issued to a lessee if the leasing
company/lessor provides the lessee's name by an affidavit and a copy of the
lease within fourteen (14) days of issuance of the notice. If the driver information
is not provided within fourteen (14) days, the leasing company/lessor may be
found liable. If any notice to an address is returned as undeliverable, an
amended notice shall be sent to the last known address recorded with the United
States Postal Service's approved database of the owner or lessee of the cited
vehicle. All notices of violation 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 5-227 of this Article, or whether
any of the defenses enumerated in Section 5-230 of this Article are visible upon
inspection. Upon determination that the recorded image captures a violation of
Section 5-227 of this Article and that no defense applies, the notice(s) of violation
shall be served upon the registered vehicle owner or lessor/lessee in the manner
provided above. The Traffic Compliance Administrator shall retain a copy of all
violation notices, recorded images and other correspondence mailed to the
owner or lessor/lessee 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 Article.
Each notice of violation shall include the following information:
1. The name and address of the registered owner, lessor 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 Postal Service approved database;
2. The make (only if discernable) and registration number of the 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 fine or penalty and the date by which the penalty
should be paid if a hearing is not requested, and a statement that the
payment of the fine or penalty shall operate as a final disposition of the
violation;
8. A statement that the recorded images are evidence of a violation of a red
light signal;
9. A statement that failure to pay the fine or penalty by the date noted may
result in an additional late fee being assessed against the owner or
lessor/lessee;
10. The amount of the late fee;
11. A statement that the failure to pay the fine or penalty 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;
12. A statement that the recorded images constitute prima facie evidence of
a violation;
13. 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;
14. A statement of how an administrative hearing may be requested; and
15. A website address, accessible through the Internet, where the person
may view the recorded images of the violation.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-232. Hearing. The owner or lessee of a vehicle operated in violation of
this Article may request a hearing by the respond-by date set forth in the initial
notice of violation or the final notice of violation, to challenge the evidence or set
forth an applicable defense. The notice(s) of violation shall constitute evidence
of the facts contained in the notice and are admissible in any proceeding alleging
a violation of this Article. The notice(s) of violation shall be prima facie evidence
of a violation, subject to rebuttal on the basis of the defenses established in this
Article.
The vehicle owner's or lessee's failure to appear at the hearing in person or by
Affidavit 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. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-233 Final Determination. A final determination of violation liability shall
occur following failure to pay the fine or penalty set forth in the notice(s) of
violation, failure to request a hearing by the respond-by date set forth in the final
notice of violation, or after a hearing officer's determination of violation liability
and the exhaustion of or failure to exhaust the administrative review procedures
provided by this Article. Where a person fails to appear at a hearing in person or
by Affidavit to contest the alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination shall become final upon a
failure to pay the amount owed on the date provided in the "findings, decision
and order" letter. Appeal may be made to the Circuit Court of Will County on any
final determination as provided by the Administrative Review Act.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016
Sec. 5-234. Notice of Determination of Liability. If the registered owner or
lessee fails to timely pay or contest the notice(s) of violation, a notice of
determination of liability will be sent to the owner or lessee indicating that a fine
in the amount of One Hundred Dollars ($100.00) is due to the Village. The notice
of determination of liability will also state that the owner or lessee can petition the
Village to set aside the determination of liability before it becomes final. If the
owner or lessee does not pay the One Hundred Dollars ($100.00) as specified in
the notice or petition the Village to set aside the determination, a notice of final
determination will be sent to the owner indicating that the owner or lessee has
exhausted all challenge options and the One Hundred Dollar ($100.00) fine is a
debt due and owing to the Village and must be paid within twenty-eight (28) days.
The owner or lessee will also be notified that failure to pay the One Hundred
Dollar ($100.00) fine within twenty-eight (28) days will result in a late fee of One
Hundred Dollars ($100.00) added to the original fine.
The 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:
1. 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
Plainfield within twenty-eight (28) days may result in a petition to the Circuit
Court of Will 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 (5) or more violation under this Article.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-235. Petitions to Set Aside Determination. A petition to set aside a
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 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 the
violation notice was issued;
2. The person has 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 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 may appear in person or
by Affidavit to present his/her case. 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.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-236. 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
Article. The notice of impending driver's license suspension shall state the
following information:
1. The failure to pay the fine or penalty due and owing within forty-five (45)
days of the date of the notice of impending driver's license suspension will
result in the Village notifying the Secretary of State that the person is eligible
for initiation of suspension proceedings under 625 ILCS 5/6-306.5; and
2. A statement that the person may obtain a copy of the original notice of
violation and/or citation imposing the fine or penalty 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 applicable Secretary of
State or, if any notice to that address is returned as undeliverable, to the last
known address recorded in a United States Postal Service approved database.
(Ord. No. 2768, §3, 6-3-2008)
Sec. 5-237. 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) automated traffic
violations. The report shall be certified and contain the following:
1. The name and last known address of the owner of the cited vehicle as
recorded with the Secretary of State, or the name and last known address of
the lessee as provided by the lessor of the cited vehicle, or as recorded in a
United States Postal Service approved database if any notice sent under this
Article 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 to such person in any state;
2. A statement that the report is being made by the Village of Plainfield
pursuant to this Article; 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 of the owner or lessee of the
cited vehicle, or if any notice sent under this section is returned as
undeliverable to the last known address recorded at a United States Postal
Service 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 whenever 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 his/her 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 the fine for the subject five (5) or
more automated traffic violations, the Traffic Compliance Administrator shall
immediately notify the Secretary of State of such error in a subsequent amended
certified report.
(Ord. No. 2768, §3, 6-3-2008)
SECTION FOUR. That any Village Ordinance or Resolution, or part
thereof, in conflict with the provisions of this Ordinance is, to the extent of such
conflict, expressly repealed.
SECTION FIVE. If any provision of this Ordinance is held invalid by a
court of competent jurisdiction, such provision shall be stricken and shall not
affect any other provision of this Ordinance.
SECTION SIX. This Ordinance shall be in full force and effect after its
passage, approval, and publication in pamphlet form as provided by law.
SECTION SEVEN. This Ordinance shall be numbered as Ordinance No.
3273.
PASSED the 20th day of June, 2016.
AYES: Racich, Wojowski, Bonuchi, Lamb, O'Rourke
NAYS: Peck
ABSENT: None
APPROVED this 20th day of June, 2016.
LT_
•chael P. Collins
illage President
ATTESTED AND FILED IN MY OFFICE:
i
Michelle Gibas
Village Clerk
EXHIBIT A
Sec. 5-225. Automated Traffic Law Enforcement System.
The Police Departmcnt of the Village is hereby authorized to direct and supervise
an automated traffic law enforcement system pursuant to the provisions of this
Article.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-226. Definitions.
Unless the context otherwise requires, the following terms as used in this Article
shall be construed according to the definitions given below:
Automated Traffic Law Enforcement System means a device within the Village
with one or more motor vehicle sensors working in conjunction with red light
signals to produce recorded images of motor vehicles entering an intersection
against a steady or flashing red signal indication in violation of 625 ILCS 5/11-
306, or similar violation of the Village Code.
Disregarding a Traffic Control Device means the failure of an operator of a motor
vehicle to stop and remain stopped before an intersection that is controlled by a
red signal as provided for in 625 ILCS 5/11-306, or similar violation of this Code.
' - - . e- - - - e - - - - - - - - - -- - -e
e _ ._ ..
signal as provided for in 625 ILCS 5/11 306.
Recorded Images means the images produced by an 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 image or portion of the
recording, clearly identifying the registration plate number of the motor vehicle.
Secretary of State means the office of the Illinois Secretary of State.
Traffic Compliance Administrator shall mean the Chief of Police of the Village of
Plainfield, or his designee, who shall have the power to adopt, distribute and
process automated traffic law violation notices and other notices required by this
Article, 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 Article.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-227. Violations. It shall be a violation of this Article for a vehicle to
disregard a traffic control device or turn on red in violation of 625 ILCS 5/11-306
or similar violation of the Village Code.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-228. Signage. An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to approaching traffic
indicating that the intersection is being monitored by an automated traffic law
enforcement system.
(Ord. No. 2768, §3, 6-3-2008)
Sec. 5-229. Administrative Adjudication. For purposes of administrative
adjudication of violations of this Article, the Village shall establish by ordinance
an administrative adjudication system pursuant to 625 ILCS 5/11-208.3. The
Village Administrator shall appoint a hearing officer in accordance with 65 ILCS
5/1-2.1-1. The jurisdiction of the administrative adjudication system shall include
violations of this Article.
(Ord. No. 2768, §3, 6-3-2008)
Sec. 5-230. Defenses. The following may be considered by the hearing officer
as defenses for a violation of Section 5-227 of this Article:
1. That the motor vehicle or registration plates of the motor vehicle were
stolen before the violation occurred, and were not under the control of or in
the possession of the registered owner of the vehicle at the time of the
violation. To sufficiently 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 registered owner at the time of the violation, the
vehicle owner must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with the applicable law enforcement
agency in a timely manner.
2. 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 funeral procession.
3. That at the time of the violation the traffic signal was not in proper position
or not sufficiently legible to allow compliance with the traffic signal.
4. That the vehicle was sold prior to the violation and the registered
owner/operator of the vehicle did not have control, possession or access to
the vehicle at the time of the violation.
5. That the driver of the vehicle was acting in response to a medical
emergency.
6. Any information related to the driver's operation of the vehicle and/or
roadway conditions, deemed by the hearing officer to be relevant to the
violation.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - : eff. —2016)
Sec. 5-231. Notice(s) of Violation. When the automated traffic law
enforcement system records a motor vehicle entering an intersection in violation
of Section 5-227 of this Article, the Village shall cause an initial notice of violation
to be issued to the registered owner or lessee of the vehicle. The initial notice of
violation shall be delivered within twenty-one (21) days of the date of the
violation. The initial notice of violation shall provide a respond-by date thirty-five
(35) days from the date of the violation. If the registered owner or lessee of the
vehicle fails to respond to the initial notice of violation, a final notice of violation
shall be issued to the registered owner or lessee of the vehicle. The final notice
of violation shall be delivered within fourteen (14) days of the respond-by date set
forth in the initial notice of violation and shall provide a respond-by date twenty-
eight (28) days from the issuance date of the final notice of violation. The Village
shall only be required to cause notice to be issued to a lessee if the leasing
company/lessor provides the lessee's name by an affidavit and a copy of the
lease within fourteen (14) days of issuance of the notice. If the driver information
is not provided within fourteen (14) days, the leasing company/lessor may be
found liable. If any notice to an address is returned as undeliverable, an
amended notice shall be sent to the last known address recorded with the United
States Postal Service's approved database of the owner or lessee of the cited
vehicle. All notices of violation 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 5-227 of this Article, or whether
any of the defenses enumerated in Section 5-230 of this Article are visible upon
inspection. Upon determination that the recorded image captures a violation of
Section 5-227 of this Article and that no defense applies, the notice(s) of violation
shall be served upon the registered vehicle owner or lessor/lessee in the manner
provided above. The Traffic Compliance Administrator shall retain a copy of all
violation notices, recorded images and other correspondence mailed to the
owner or lessor/lessee 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 Article.
Each notice of violation shall include the following information:
1. The name and address of the registered owner, lessor 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 Postal Service approved database;
2. The make (only if discernable) and registration number of the 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 fine or penalty and the date by which the penalty
should be paid if a hearing is not requested, and a statement that the
payment of the fine or penalty shall operate as a final disposition of the
violation;
8. A statement that the recorded images are evidence of a violation of a red
light signal;
9. A statement that failure to pay the fine or penalty by the date noted may
result in an additional late fee being assessed against the owner or
lessor/lessee;
10. The amount of the late fee;
11. A statement that the failure to pay the fine or penalty 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;
12. A statement that the recorded images constitute prima facie evidence of
a violation;
13. 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
14. A statement of how an administrative hearing may be requested..-; and
15. A website address, accessible through the Internet, where the person
may view the recorded images of the violation.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-232. Hearing. The owner or lessee of a vehicle operated in violation of
this Article may request a hearing by the respond-by date set forth in the initial
notice of violation or the final notice of violation, to challenge the evidence or set
forth an applicable defense. The notice(s) of violation shall constitute evidence
of the facts contained in the notice and are admissible in any proceeding alleging
a violation of this Article. The notice(s) of violation shall be prima facie evidence
of a violation, subject to rebuttal on the basis of the defenses established in this
Article.
The vehicle owner's or lessee's failure to appear at the hearing in person or by
Affidavit 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. No. 2768, §3, 6-3-2008; Ord. 2016 - : eff. —2016)
Sec. 5-233 Final Determination. A final determination of violation liability shall
occur following failure to pay the fine or penalty set forth in the notice(s) of
violation, failure to request a hearing by the respond-by date set forth in the final
notice of violation, or after a hearing officer's determination of violation liability
and the exhaustion of or failure to exhaust the administrative review procedures
provided by this Article. Where a person fails to appear at a hearing in person or
by Affidavit to contest the alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination shall become final upon a
failure to pay the amount owed on the date provided in the "findings, decision
and order" letter. Appeal may be made to the Circuit Court of Will County on any
final determination as provided by the Administrative Review Act.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-234. Notice of Determination of Liability. If the registered owner or
lessee fails to timely pay or contest the notice(s) of violation, a notice of
determination of liability will be sent to the owner or lessee indicating that a fine
in the amount of One Hundred Dollars ($100.00) is due to the Village. The notice
of determination of liability will also state that the owner or lessee can petition the
Village to set aside the determination of liability before it becomes final. If the
owner or lessee does not pay the One Hundred Dollars ($100.00) as specified in
the notice or petition the Village to set aside the determination, a notice of final
determination will be sent to the owner indicating that the owner or lessee has
exhausted all challenge options and the One Hundred Dollar ($100.00) fine is a
debt due and owing to the Village and must be paid within fourteen (14}twenty-
eight (28) days. The owner or lessee will also be notified that failure to pay the
One Hundred Dollar ($100.00) fine within fourteen (14) twenty-eight (28) days will
result in a late fee of One Hundred Dollars ($100.00) added to the original fine.
The 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:
1. 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
Plainfield within fourteen (14}twenty-eight (28) days may result in a petition to
the Circuit Court of Will 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 (5) or more violation under this Article.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016)
Sec. 5-235. Petitions to Set Aside Determination. A petition to set aside a
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 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 the
violation notice was issued;
2. The person has 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 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 may appear in
person or by Affidavit to present his/her case. 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.
(Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - : eff. —2016)
Sec. 5-236. 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
Article. The notice of impending driver's license suspension shall state the
following information:
1. The failure to pay the fine or penalty due and owing within forty-five (45)
days of the date of the notice of impending driver's license suspension will
result in the Village notifying the Secretary of State that the person is eligible
for initiation of suspension proceedings under 625 ILCS 5/6-306.5; and
2. A statement that the person may obtain a copy of the original notice of
violation and/or citation imposing the fine or penalty 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 applicable Secretary of
State or, if any notice to that address is returned as undeliverable, to the last
known address recorded in a United States Postal Service approved database.
(Ord. No. 2768, §3, 6-3-2008)
Sec. 5-237. 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) automated traffic
violations. The report shall be certified and contain the following:
1. The name and last known address of the owner of the cited vehicle as
recorded with the Secretary of State, or the name and last known address of
the lessee as provided by the lessor of the cited vehicle, or as recorded in a
United States Postal Service approved database if any notice sent under this
Article 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 to such person in any state;
2. A statement that the report is being made by the Village of Plainfield
pursuant to this Article; 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 of the owner or lessee of the
cited vehicle, or if any notice sent under this section is returned as
undeliverable to the last known address recorded at a United States Postal
Service 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 whenever 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 his/her 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 the fine for the subject five (5) or
more automated traffic violations, the Traffic Compliance Administrator shall
immediately notify the Secretary of State of such error in a subsequent amended
certified report.
(Ord. No. 2768, §3, 6-3-2008)