§ 54-109. Automated traffic law violation notices.

(a)

When the traffic compliance administrator determines that an automated traffic law violation liability has occurred, an automated traffic law violation notice shall be issued to the registered owner of the vehicle depicted in the recorded images as having committed an automated traffic law violation liability as the alleged violator.

(b)

The automated traffic law violation notice shall be delivered by mail to the address of the registered owner of the vehicle as recorded with the secretary of state within 30 days after the secretary of state notifies the village of the identity of the owner of the vehicle, but in no event later than 90 days after the violation. Service of an automated traffic law violation notice shall be deemed complete as of the date of deposit in the United States mail.

(c)

The original or a facsimile of an automated traffic law violation notice or, in the case of an automated traffic law violation notice produced by a computerized device, a printed record generated by the device showing the facts entered on the automated traffic law violation notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business.

(d)

An automated traffic law violation notice issued, signed and served in accordance with this division and 625 ILCS 5/11-208.3, a copy of the automated traffic law 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 automated traffic law violation notice.

(e)

The automated traffic law violation notice, copy or computer generated record shall be admissible in any subsequent administrative or legal proceedings.

(f)

The automated traffic law violation notice, shall include, but not be limited to, the following:

(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owner or lessee of the vehicle, as indicated by the records of the secretary of state, or, if such information is outdated or unattainable, then the last known address recorded in a United States Post Office approved database.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 registration number and vehicle make, if the vehicle make is available and readily discernable, of the motor vehicle involved in the violation.

(3)

The violation charged, with specific reference to the section of the state vehicle code or this Code allegedly violated.

(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 civil penalty imposed and the date by which the civil penalty shall be paid if liability for the violation is not going to be contested.

(8)

A statement that the recorded images are evidence of a violation of a red light signal violation or expired registration.

(9)

A warning that failure to either pay the civil penalty or request a hearing to contest liability within 14 days of the mailing of the notice of violation is an admission of liability and may result in a suspension of the driving privileges of the registered owner or lessee of the vehicle in addition to other specified penalties for failing to appear at the hearing or pay the fine in advance of the hearing.

(10)

A statement that the registered owner or lessee of the vehicle may elect to proceed by either paying the fine stated in the automated traffic law violation notice or challenging the charge in court, by mail or by an administrative hearing.

(Ord. No. 2008-78, § 3(36-8), 10-13-2008)