Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2894 Latest Draft

Bill / Introduced Version Filed 01/24/2024

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2894 Introduced 1/24/2024, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-4301065 ILCS 5/1-2.1-265 ILCS 5/1-2.2-5625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 Amends the Counties Code and the Illinois Municipal Code. Provides that "system of administrative adjudication" means the adjudication of any violation of a municipal or county ordinance, except for any offense under the Illinois Vehicle Code or a similar offense that is not included in specified provisions of the Illinois Vehicle Code (rather than except for any offense under the Illinois Vehicle Code or a similar offense). Amends the Illinois Vehicle Code. Provides that a municipality or county may adopt an ordinance limiting the width of vehicles, the height of vehicles, and the length of vehicles on roadways and to enforce violations of specified provisions of the Code or a similar provision of a local ordinance. Makes conforming changes. LRB103 37030 AWJ 67145 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2894 Introduced 1/24/2024, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:  55 ILCS 5/5-4301065 ILCS 5/1-2.1-265 ILCS 5/1-2.2-5625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 55 ILCS 5/5-43010  65 ILCS 5/1-2.1-2  65 ILCS 5/1-2.2-5  625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 Amends the Counties Code and the Illinois Municipal Code. Provides that "system of administrative adjudication" means the adjudication of any violation of a municipal or county ordinance, except for any offense under the Illinois Vehicle Code or a similar offense that is not included in specified provisions of the Illinois Vehicle Code (rather than except for any offense under the Illinois Vehicle Code or a similar offense). Amends the Illinois Vehicle Code. Provides that a municipality or county may adopt an ordinance limiting the width of vehicles, the height of vehicles, and the length of vehicles on roadways and to enforce violations of specified provisions of the Code or a similar provision of a local ordinance. Makes conforming changes.  LRB103 37030 AWJ 67145 b     LRB103 37030 AWJ 67145 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2894 Introduced 1/24/2024, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-4301065 ILCS 5/1-2.1-265 ILCS 5/1-2.2-5625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 55 ILCS 5/5-43010  65 ILCS 5/1-2.1-2  65 ILCS 5/1-2.2-5  625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-5
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
Amends the Counties Code and the Illinois Municipal Code. Provides that "system of administrative adjudication" means the adjudication of any violation of a municipal or county ordinance, except for any offense under the Illinois Vehicle Code or a similar offense that is not included in specified provisions of the Illinois Vehicle Code (rather than except for any offense under the Illinois Vehicle Code or a similar offense). Amends the Illinois Vehicle Code. Provides that a municipality or county may adopt an ordinance limiting the width of vehicles, the height of vehicles, and the length of vehicles on roadways and to enforce violations of specified provisions of the Code or a similar provision of a local ordinance. Makes conforming changes.
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A BILL FOR
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1  AN ACT concerning local government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Counties Code is amended by changing
5  Section 5-43010 as follows:
6  (55 ILCS 5/5-43010)
7  Sec. 5-43010. Administrative adjudication of code and
8  ordinance violations; definitions.
9  (a) Any county may provide by ordinance for a system of
10  administrative adjudication of county code violations to the
11  extent permitted by the Illinois Constitution.
12  (b) Any county may provide by ordinance for a system of
13  administrative adjudication of violations of ordinances
14  enacted by a participating unit of local government only
15  where: (i) the unit of local government is engaging in
16  governmental activities or providing services within the
17  boundaries of the county; (ii) the unit of local government
18  has no system of administrative adjudication; and (iii) the
19  violation occurred within the boundaries of the county.
20  (c) As used in this Division:
21  "Participating unit of local government" means a unit of
22  local government which has entered into an intergovernmental
23  agreement or contract with a county for the administrative

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2894 Introduced 1/24/2024, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-4301065 ILCS 5/1-2.1-265 ILCS 5/1-2.2-5625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 55 ILCS 5/5-43010  65 ILCS 5/1-2.1-2  65 ILCS 5/1-2.2-5  625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-5
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
Amends the Counties Code and the Illinois Municipal Code. Provides that "system of administrative adjudication" means the adjudication of any violation of a municipal or county ordinance, except for any offense under the Illinois Vehicle Code or a similar offense that is not included in specified provisions of the Illinois Vehicle Code (rather than except for any offense under the Illinois Vehicle Code or a similar offense). Amends the Illinois Vehicle Code. Provides that a municipality or county may adopt an ordinance limiting the width of vehicles, the height of vehicles, and the length of vehicles on roadways and to enforce violations of specified provisions of the Code or a similar provision of a local ordinance. Makes conforming changes.
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A BILL FOR

 

 

55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-5
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3



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1  adjudication of violations of its ordinances by the county
2  pursuant to this Division.
3  "System of administrative adjudication" means the
4  adjudication of any violation of a county ordinance or of a
5  participating unit of local government's ordinance, except for
6  (i) proceedings not within the statutory or the home rule
7  authority of counties or a participating unit of local
8  government; and (ii) any offense under the Illinois Vehicle
9  Code (or a similar offense that is not included in Section
10  11-208.3 a traffic regulation governing the movement of
11  vehicles and except for any reportable offense under Section
12  6-204 of the Illinois Vehicle Code).
13  "Unit of local government" has the meaning as defined in
14  the Illinois Constitution of 1970 and also includes a
15  not-for-profit corporation organized for the purpose of
16  conducting public business including, but not limited to, the
17  Northeast Illinois Regional Commuter Railroad Corporation.
18  (Source: P.A. 99-754, eff. 1-1-17.)
19  Section 10. The Illinois Municipal Code is amended by
20  changing Sections 1-2.1-2 and 1-2.2-5 as follows:
21  (65 ILCS 5/1-2.1-2)
22  Sec. 1-2.1-2. Administrative adjudication of municipal
23  code violations.  Any municipality may provide by ordinance
24  for a system of administrative adjudication of municipal code

 

 

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1  violations to the extent permitted by the Illinois
2  Constitution. A "system of administrative adjudication" means
3  the adjudication of any violation of a municipal ordinance,
4  except for (i) proceedings not within the statutory or the
5  home rule authority of municipalities; and (ii) any offense
6  under the Illinois Vehicle Code or a similar offense that is
7  not included in Section 11-208.3 a traffic regulation
8  governing the movement of vehicles and except for any
9  reportable offense under Section 6-204 of the Illinois Vehicle
10  Code.
11  (Source: P.A. 90-516, eff. 1-1-98.)
12  (65 ILCS 5/1-2.2-5)
13  Sec. 1-2.2-5. Definitions. As used in this Division,
14  unless the context requires otherwise:
15  "Code" means any municipal ordinance except for (i)
16  building code violations that must be adjudicated pursuant to
17  Division 31.1 of Article 11 of this Act and (ii) any offense
18  under the Illinois Vehicle Code or a similar offense that is
19  not included in Section 11-208.3 a traffic regulation
20  governing the movement of vehicles and except for any
21  reportable offense under Section 6-204 of the Illinois Vehicle
22  Code.
23  "Hearing officer" means a municipal employee or an officer
24  or agent of a municipality, other than a law enforcement
25  officer, whose duty it is to:

 

 

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1  (1) preside at an administrative hearing called to
2  determine whether or not a code violation exists;
3  (2) hear testimony and accept evidence from all interested
4  parties relevant to the existence of a code violation;
5  (3) preserve and authenticate the transcript and record of
6  the hearing and all exhibits and evidence introduced at the
7  hearing; and
8  (4) issue and sign a written finding, decision, and order
9  stating whether a code violation exists.
10  (Source: P.A. 90-777, eff. 1-1-99.)
11  Section 15. The Illinois Vehicle Code is amended by
12  changing Sections 11-208 and 11-208.3 as follows:
13  (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
14  Sec. 11-208. Powers of local authorities.
15  (a) The provisions of this Code shall not be deemed to
16  prevent local authorities with respect to streets and highways
17  under their jurisdiction and within the reasonable exercise of
18  the police power from:
19  1. Regulating the standing or parking of vehicles,
20  except as limited by Sections 11-1306 and 11-1307 of this
21  Act;
22  2. Regulating traffic by means of police officers or
23  traffic control signals;
24  3. Regulating or prohibiting processions or

 

 

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1  assemblages on the highways; and certifying persons to
2  control traffic for processions or assemblages;
3  4. Designating particular highways as one-way highways
4  and requiring that all vehicles thereon be moved in one
5  specific direction;
6  5. Regulating the speed of vehicles in public parks
7  subject to the limitations set forth in Section 11-604;
8  6. Designating any highway as a through highway, as
9  authorized in Section 11-302, and requiring that all
10  vehicles stop before entering or crossing the same or
11  designating any intersection as a stop intersection or a
12  yield right-of-way intersection and requiring all vehicles
13  to stop or yield the right-of-way at one or more entrances
14  to such intersections;
15  7. Restricting the use of highways as authorized in
16  Chapter 15;
17  8. Regulating the operation of mobile carrying
18  devices, bicycles, low-speed electric bicycles, and
19  low-speed gas bicycles, and requiring the registration and
20  licensing of same, including the requirement of a
21  registration fee;
22  9. Regulating or prohibiting the turning of vehicles
23  or specified types of vehicles at intersections;
24  10. Altering the speed limits as authorized in Section
25  11-604;
26  11. Prohibiting U-turns;

 

 

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1  12. Prohibiting pedestrian crossings at other than
2  designated and marked crosswalks or at intersections;
3  13. Prohibiting parking during snow removal operation;
4  14. Imposing fines in accordance with Section
5  11-1301.3 as penalties for use of any parking place
6  reserved for persons with disabilities, as defined by
7  Section 1-159.1, or veterans with disabilities by any
8  person using a motor vehicle not bearing registration
9  plates specified in Section 11-1301.1 or a special decal
10  or device as defined in Section 11-1301.2 as evidence that
11  the vehicle is operated by or for a person with
12  disabilities or a veteran with a disability;
13  15. Adopting such other traffic regulations as are
14  specifically authorized by this Code; or
15  16. Enforcing the provisions of subsection (f) of
16  Section 3-413 of this Code or a similar local ordinance.
17  (b) No ordinance or regulation enacted under paragraph 1,
18  4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
19  effective until signs giving reasonable notice of such local
20  traffic regulations are posted.
21  (c) The provisions of this Code shall not prevent any
22  municipality having a population of 500,000 or more
23  inhabitants from prohibiting any person from driving or
24  operating any motor vehicle upon the roadways of such
25  municipality with headlamps on high beam or bright.
26  (d) The provisions of this Code shall not be deemed to

 

 

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1  prevent local authorities within the reasonable exercise of
2  their police power from prohibiting, on private property, the
3  unauthorized use of parking spaces reserved for persons with
4  disabilities.
5  (e) No unit of local government, including a home rule
6  unit, may enact or enforce an ordinance that applies only to
7  motorcycles if the principal purpose for that ordinance is to
8  restrict the access of motorcycles to any highway or portion
9  of a highway for which federal or State funds have been used
10  for the planning, design, construction, or maintenance of that
11  highway. No unit of local government, including a home rule
12  unit, may enact an ordinance requiring motorcycle users to
13  wear protective headgear. Nothing in this subsection (e) shall
14  affect the authority of a unit of local government to regulate
15  motorcycles for traffic control purposes or in accordance with
16  Section 12-602 of this Code. No unit of local government,
17  including a home rule unit, may regulate motorcycles in a
18  manner inconsistent with this Code. This subsection (e) is a
19  limitation under subsection (i) of Section 6 of Article VII of
20  the Illinois Constitution on the concurrent exercise by home
21  rule units of powers and functions exercised by the State.
22  (e-5) The City of Chicago may enact an ordinance providing
23  for a noise monitoring system upon any portion of the roadway
24  known as Lake Shore Drive. Twelve months after the
25  installation of the noise monitoring system, and any time
26  after the first report as the City deems necessary, the City of

 

 

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1  Chicago shall prepare a noise monitoring report with the data
2  collected from the system and shall, upon request, make the
3  report available to the public. For purposes of this
4  subsection (e-5), "noise monitoring system" means an automated
5  noise monitor capable of recording noise levels 24 hours per
6  day and 365 days per year with computer equipment sufficient
7  to process the data.
8  (e-10) A unit of local government, including a home rule
9  unit, may not enact an ordinance prohibiting the use of
10  Automated Driving System equipped vehicles on its roadways.
11  Nothing in this subsection (e-10) shall affect the authority
12  of a unit of local government to regulate Automated Driving
13  System equipped vehicles for traffic control purposes. No unit
14  of local government, including a home rule unit, may regulate
15  Automated Driving System equipped vehicles in a manner
16  inconsistent with this Code. For purposes of this subsection
17  (e-10), "Automated Driving System equipped vehicle" means any
18  vehicle equipped with an Automated Driving System of hardware
19  and software that are collectively capable of performing the
20  entire dynamic driving task on a sustained basis, regardless
21  of whether it is limited to a specific operational domain.
22  This subsection (e-10) is a limitation under subsection (i) of
23  Section 6 of Article VII of the Illinois Constitution on the
24  concurrent exercise by home rule units of powers and functions
25  exercised by the State.
26  (f) A municipality or county designated in Section

 

 

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1  11-208.6 may enact an ordinance providing for an automated
2  traffic law enforcement system to enforce violations of this
3  Code or a similar provision of a local ordinance and imposing
4  liability on a registered owner or lessee of a vehicle used in
5  such a violation.
6  (g) A municipality or county, as provided in Section
7  11-1201.1, may enact an ordinance providing for an automated
8  traffic law enforcement system to enforce violations of
9  Section 11-1201 of this Code or a similar provision of a local
10  ordinance and imposing liability on a registered owner of a
11  vehicle used in such a violation.
12  (h) A municipality designated in Section 11-208.8 may
13  enact an ordinance providing for an automated speed
14  enforcement system to enforce violations of Article VI of
15  Chapter 11 of this Code or a similar provision of a local
16  ordinance.
17  (i) A municipality or county designated in Section
18  11-208.9 may enact an ordinance providing for an automated
19  traffic law enforcement system to enforce violations of
20  Section 11-1414 of this Code or a similar provision of a local
21  ordinance and imposing liability on a registered owner or
22  lessee of a vehicle used in such a violation.
23  (j) A municipality or county may adopt an ordinance
24  limiting the width of vehicles on roadways pursuant to Section
25  15-102, the height of vehicles on roadways pursuant to Section
26  15-103, or the length of vehicles on roadways pursuant to

 

 

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1  Section 15-107 and to enforce violations of Sections 15-102,
2  15-103, and 15-107 of this Code or a similar provision of a
3  local ordinance.
4  (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
5  100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
6  7-26-19.)
7  (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
8  Sec. 11-208.3. Administrative adjudication of violations
9  of traffic regulations concerning the standing, parking, or
10  condition of vehicles, the width, height, or length of
11  vehicles, automated traffic law violations, and automated
12  speed enforcement system violations.
13  (a) Any municipality or county may provide by ordinance
14  for a system of administrative adjudication of vehicular
15  standing and parking violations, and vehicle compliance
16  violations as described in this subsection, violations of
17  Section 15-102, violations of Section 15-103, violations of
18  Section 15-107, automated traffic law violations as defined in
19  Section 11-208.6, 11-208.9, or 11-1201.1, and automated speed
20  enforcement system violations as defined in Section 11-208.8.
21  The administrative system shall have as its purpose the fair
22  and efficient enforcement of municipal or county regulations
23  through the administrative adjudication of automated speed
24  enforcement system or automated traffic law violations and
25  violations of municipal or county ordinances regulating the

 

 

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1  standing and parking of vehicles, the condition and use of
2  vehicle equipment, the width, height, or length of vehicles,
3  and the display of municipal or county wheel tax licenses
4  within the municipality's or county's borders. The
5  administrative system shall only have authority to adjudicate
6  civil offenses carrying fines not in excess of $500 or
7  requiring the completion of a traffic education program, or
8  both, that occur after the effective date of the ordinance
9  adopting such a system under this Section. For purposes of
10  this Section, "compliance violation" means a violation of a
11  municipal or county regulation governing the condition or use
12  of equipment on a vehicle or governing the display of a
13  municipal or county wheel tax license.
14  (b) Any ordinance establishing a system of administrative
15  adjudication under this Section shall provide for:
16  (1) A traffic compliance administrator authorized to
17  adopt, distribute, and process notices regarding parking
18  violations, compliance violations, width, height, or
19  length of vehicle violations, and automated speed
20  enforcement system or automated traffic law violations
21  violation notices and other notices of violations required
22  by this Section; , collect money paid as fines and
23  penalties for violation of parking and compliance
24  ordinances, violation of width, height, or length of
25  vehicle ordinances, and automated speed enforcement system
26  or automated traffic law violations; , and operate an

 

 

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1  administrative adjudication system.
2  (2) A parking violation notice, standing violation
3  notice, compliance violation notice, width, height, or
4  length of vehicle violation notice, automated speed
5  enforcement system violation notice, or automated traffic
6  law violation notice that shall specify or include the
7  date, time, and place of violation of a parking, standing,
8  compliance, automated speed enforcement system, or
9  automated traffic law regulation; the particular
10  regulation violated; any requirement to complete a traffic
11  education program; the fine and any penalty that may be
12  assessed for late payment or failure to complete a
13  required traffic education program, or both, when so
14  provided by ordinance; the vehicle make or a photograph of
15  the vehicle; the state registration number of the vehicle;
16  and the identification number of the person issuing the
17  notice. With regard to automated speed enforcement system
18  or automated traffic law violations, vehicle make shall be
19  specified on the automated speed enforcement system or
20  automated traffic law violation notice if the notice does
21  not include a photograph of the vehicle and the make is
22  available and readily discernible. With regard to
23  municipalities or counties with a population of 1 million
24  or more, it shall be grounds for dismissal of a parking
25  violation if the state registration number or vehicle make
26  specified is incorrect. The violation notice shall state

 

 

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1  that the completion of any required traffic education
2  program, the payment of any indicated fine, and the
3  payment of any applicable penalty for late payment or
4  failure to complete a required traffic education program,
5  or both, shall operate as a final disposition of the
6  violation. The notice also shall contain information as to
7  the availability of a hearing in which the violation may
8  be contested on its merits. The violation notice shall
9  specify the time and manner in which a hearing may be had.
10  (3) Service of a parking violation notice, standing
11  violation notice, width, height, or length of vehicle
12  violation notice, or compliance violation notice by: (i)
13  affixing the original or a facsimile of the notice to an
14  unlawfully parked or standing vehicle; (ii) handing the
15  notice to the operator of a vehicle if he or she is
16  present; or (iii) mailing the notice to the address of the
17  registered owner or lessee of the cited vehicle as
18  recorded with the Secretary of State or the lessor of the
19  motor vehicle within 30 days after the Secretary of State
20  or the lessor of the motor vehicle notifies the
21  municipality or county of the identity of the owner or
22  lessee of the vehicle, but not later than 90 days after the
23  date of the violation, except that, in the case of a lessee
24  of a motor vehicle, service of a parking violation notice,
25  standing violation notice, width, height, or length of
26  vehicle violation notice, or compliance violation notice

 

 

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1  may occur no later than 210 days after the violation; and
2  service of an automated speed enforcement system or
3  automated traffic law violation notice by mail to the
4  address of the registered owner or lessee of the cited
5  vehicle as recorded with the Secretary of State or the
6  lessor of the motor vehicle within 30 days after the
7  Secretary of State or the lessor of the motor vehicle
8  notifies the municipality or county of the identity of the
9  owner or lessee of the vehicle, but not later than 90 days
10  after the violation, except that in the case of a lessee of
11  a motor vehicle, service of an automated traffic law
12  violation notice may occur no later than 210 days after
13  the violation. A person authorized by ordinance to issue
14  and serve parking violation notices, standing violation
15  notices, width, height, or length of vehicle violation
16  notices, and compliance violation notices shall certify as
17  to the correctness of the facts entered on the violation
18  notice by signing his or her name to the notice at the time
19  of service or, in the case of a notice produced by a
20  computerized device, by signing a single certificate to be
21  kept by the traffic compliance administrator attesting to
22  the correctness of all notices produced by the device
23  while it was under his or her control. In the case of an
24  automated traffic law violation, the ordinance shall
25  require a determination by a technician employed or
26  contracted by the municipality or county that, based on

 

 

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1  inspection of recorded images, the motor vehicle was being
2  operated in violation of Section 11-208.6, 11-208.9, or
3  11-1201.1 or a local ordinance. If the technician
4  determines that the vehicle entered the intersection as
5  part of a funeral procession or in order to yield the
6  right-of-way to an emergency vehicle, a citation shall not
7  be issued. In municipalities with a population of less
8  than 1,000,000 inhabitants and counties with a population
9  of less than 3,000,000 inhabitants, the automated traffic
10  law ordinance shall require that all determinations by a
11  technician that a motor vehicle was being operated in
12  violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
13  local ordinance must be reviewed and approved by a law
14  enforcement officer or retired law enforcement officer of
15  the municipality or county issuing the violation. In
16  municipalities with a population of 1,000,000 or more
17  inhabitants and counties with a population of 3,000,000 or
18  more inhabitants, the automated traffic law ordinance
19  shall require that all determinations by a technician that
20  a motor vehicle was being operated in violation of Section
21  11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
22  be reviewed and approved by a law enforcement officer or
23  retired law enforcement officer of the municipality or
24  county issuing the violation or by an additional fully
25  trained reviewing technician who is not employed by the
26  contractor who employs the technician who made the initial

 

 

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1  determination. In the case of an automated speed
2  enforcement system violation, the ordinance shall require
3  a determination by a technician employed by the
4  municipality, based upon an inspection of recorded images,
5  video or other documentation, including documentation of
6  the speed limit and automated speed enforcement signage,
7  and documentation of the inspection, calibration, and
8  certification of the speed equipment, that the vehicle was
9  being operated in violation of Article VI of Chapter 11 of
10  this Code or a similar local ordinance. If the technician
11  determines that the vehicle speed was not determined by a
12  calibrated, certified speed equipment device based upon
13  the speed equipment documentation, or if the vehicle was
14  an emergency vehicle, a citation may not be issued. The
15  automated speed enforcement ordinance shall require that
16  all determinations by a technician that a violation
17  occurred be reviewed and approved by a law enforcement
18  officer or retired law enforcement officer of the
19  municipality issuing the violation or by an additional
20  fully trained reviewing technician who is not employed by
21  the contractor who employs the technician who made the
22  initial determination. Routine and independent calibration
23  of the speeds produced by automated speed enforcement
24  systems and equipment shall be conducted annually by a
25  qualified technician. Speeds produced by an automated
26  speed enforcement system shall be compared with speeds

 

 

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1  produced by lidar or other independent equipment. Radar or
2  lidar equipment shall undergo an internal validation test
3  no less frequently than once each week. Qualified
4  technicians shall test loop-based equipment no less
5  frequently than once a year. Radar equipment shall be
6  checked for accuracy by a qualified technician when the
7  unit is serviced, when unusual or suspect readings
8  persist, or when deemed necessary by a reviewing
9  technician. Radar equipment shall be checked with the
10  internal frequency generator and the internal circuit test
11  whenever the radar is turned on. Technicians must be alert
12  for any unusual or suspect readings, and if unusual or
13  suspect readings of a radar unit persist, that unit shall
14  immediately be removed from service and not returned to
15  service until it has been checked by a qualified
16  technician and determined to be functioning properly.
17  Documentation of the annual calibration results, including
18  the equipment tested, test date, technician performing the
19  test, and test results, shall be maintained and available
20  for use in the determination of an automated speed
21  enforcement system violation and issuance of a citation.
22  The technician performing the calibration and testing of
23  the automated speed enforcement equipment shall be trained
24  and certified in the use of equipment for speed
25  enforcement purposes. Training on the speed enforcement
26  equipment may be conducted by law enforcement, civilian,

 

 

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1  or manufacturer's personnel and if applicable may be
2  equivalent to the equipment use and operations training
3  included in the Speed Measuring Device Operator Program
4  developed by the National Highway Traffic Safety
5  Administration (NHTSA). The vendor or technician who
6  performs the work shall keep accurate records on each
7  piece of equipment the technician calibrates and tests. As
8  used in this paragraph, "fully trained reviewing
9  technician" means a person who has received at least 40
10  hours of supervised training in subjects which shall
11  include image inspection and interpretation, the elements
12  necessary to prove a violation, license plate
13  identification, and traffic safety and management. In all
14  municipalities and counties, the automated speed
15  enforcement system or automated traffic law ordinance
16  shall require that no additional fee shall be charged to
17  the alleged violator for exercising his or her right to an
18  administrative hearing, and persons shall be given at
19  least 25 days following an administrative hearing to pay
20  any civil penalty imposed by a finding that Section
21  11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
22  local ordinance has been violated. The original or a
23  facsimile of the violation notice or, in the case of a
24  notice produced by a computerized device, a printed record
25  generated by the device showing the facts entered on the
26  notice, shall be retained by the traffic compliance

 

 

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1  administrator, and shall be a record kept in the ordinary
2  course of business. A parking violation notice, standing
3  violation notice, compliance violation notice, width,
4  height, or length of vehicle violation notice, automated
5  speed enforcement system violation notice, or automated
6  traffic law violation notice issued, signed, and served in
7  accordance with this Section, a copy of the notice, or the
8  computer-generated record shall be prima facie correct and
9  shall be prima facie evidence of the correctness of the
10  facts shown on the notice. The notice, copy, or
11  computer-generated record shall be admissible in any
12  subsequent administrative or legal proceedings.
13  (4) An opportunity for a hearing for the registered
14  owner of the vehicle cited in the parking violation
15  notice, standing violation notice, compliance violation
16  notice, width, height, or length of vehicle violation
17  notice, automated speed enforcement system violation
18  notice, or automated traffic law violation notice in which
19  the owner may contest the merits of the alleged violation,
20  and during which formal or technical rules of evidence
21  shall not apply; provided, however, that under Section
22  11-1306 of this Code the lessee of a vehicle cited in the
23  violation notice likewise shall be provided an opportunity
24  for a hearing of the same kind afforded the registered
25  owner. The hearings shall be recorded, and the person
26  conducting the hearing on behalf of the traffic compliance

 

 

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1  administrator shall be empowered to administer oaths and
2  to secure by subpoena both the attendance and testimony of
3  witnesses and the production of relevant books and papers.
4  Persons appearing at a hearing under this Section may be
5  represented by counsel at their expense. The ordinance may
6  also provide for internal administrative review following
7  the decision of the hearing officer.
8  (5) Service of additional notices, sent by first class
9  United States mail, postage prepaid, to the address of the
10  registered owner of the cited vehicle as recorded with the
11  Secretary of State or, if any notice to that address is
12  returned as undeliverable, to the last known address
13  recorded in a United States Post Office approved database,
14  or, under Section 11-1306 or subsection (p) of Section
15  11-208.6 or 11-208.9, or subsection (p) of Section
16  11-208.8 of this Code, to the lessee of the cited vehicle
17  at the last address known to the lessor of the cited
18  vehicle at the time of lease or, if any notice to that
19  address is returned as undeliverable, to the last known
20  address recorded in a United States Post Office approved
21  database. The service shall be deemed complete as of the
22  date of deposit in the United States mail. The notices
23  shall be in the following sequence and shall include, but
24  not be limited to, the information specified herein:
25  (i) A second notice of parking violation, standing
26  violation, width, height, or length of vehicle

 

 

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1  violation, or compliance violation if the first notice
2  of the violation was issued by affixing the original
3  or a facsimile of the notice to the unlawfully parked
4  vehicle or by handing the notice to the operator. This
5  notice shall specify or include the date and location
6  of the violation cited in the parking violation
7  notice, standing violation notice, width, height, or
8  length of vehicle violation notice, or compliance
9  violation notice, the particular regulation violated,
10  the vehicle make or a photograph of the vehicle, the
11  state registration number of the vehicle, any
12  requirement to complete a traffic education program,
13  the fine and any penalty that may be assessed for late
14  payment or failure to complete a traffic education
15  program, or both, when so provided by ordinance, the
16  availability of a hearing in which the violation may
17  be contested on its merits, and the time and manner in
18  which the hearing may be had. The notice of violation
19  shall also state that failure to complete a required
20  traffic education program, to pay the indicated fine
21  and any applicable penalty, or to appear at a hearing
22  on the merits in the time and manner specified, will
23  result in a final determination of violation liability
24  for the cited violation in the amount of the fine or
25  penalty indicated, and that, upon the occurrence of a
26  final determination of violation liability for the

 

 

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1  failure, and the exhaustion of, or failure to exhaust,
2  available administrative or judicial procedures for
3  review, any incomplete traffic education program or
4  any unpaid fine or penalty, or both, will constitute a
5  debt due and owing the municipality or county.
6  (ii) A notice of final determination of liability
7  for a parking violation, standing violation, width,
8  height, or length of vehicle violation, compliance
9  violation, automated speed enforcement system
10  violation, or automated traffic law violation
11  liability. This notice shall be sent following a final
12  determination of liability for the of parking
13  violation, standing violation, width, height, or
14  length of vehicle violation, compliance violation,
15  automated speed enforcement system violation, or
16  automated traffic law violation liability and the
17  conclusion of judicial review procedures taken under
18  this Section. The notice shall state that the
19  incomplete traffic education program or the unpaid
20  fine or penalty, or both, is a debt due and owing the
21  municipality or county. The notice shall contain
22  warnings that failure to complete any required traffic
23  education program or to pay any fine or penalty due and
24  owing the municipality or county, or both, within the
25  time specified may result in the municipality's or
26  county's filing of a petition in the Circuit Court to

 

 

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1  have the incomplete traffic education program or
2  unpaid fine or penalty, or both, rendered a judgment
3  as provided by this Section, or, where applicable, may
4  result in suspension of the person's driver's license
5  for failure to complete a traffic education program.
6  (6) A notice of impending driver's license suspension.
7  This notice shall be sent to the person liable for failure
8  to complete a required traffic education program. The
9  notice shall state that failure to complete a required
10  traffic education program within 45 days of the notice's
11  date will result in the municipality or county notifying
12  the Secretary of State that the person is eligible for
13  initiation of suspension proceedings under Section 6-306.5
14  of this Code. The notice shall also state that the person
15  may obtain a photostatic copy of an original ticket
16  imposing a fine or penalty by sending a self-addressed,
17  stamped envelope to the municipality or county along with
18  a request for the photostatic copy. The notice of
19  impending driver's license suspension shall be sent by
20  first class United States mail, postage prepaid, to the
21  address recorded with the Secretary of State or, if any
22  notice to that address is returned as undeliverable, to
23  the last known address recorded in a United States Post
24  Office approved database.
25  (7) Final determinations of violation liability. A
26  final determination of violation liability shall occur

 

 

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1  following failure to complete the required traffic
2  education program or to pay the fine or penalty, or both,
3  after a hearing officer's determination of violation
4  liability and the exhaustion of or failure to exhaust any
5  administrative review procedures provided by ordinance.
6  Where a person fails to appear at a hearing to contest the
7  alleged violation in the time and manner specified in a
8  prior mailed notice, the hearing officer's determination
9  of violation liability shall become final: (A) upon denial
10  of a timely petition to set aside that determination, or
11  (B) upon expiration of the period for filing the petition
12  without a filing having been made.
13  (8) A petition to set aside a final determination of
14  liability for a parking violation, standing violation,
15  width, height, or length of vehicle violation, compliance
16  violation, automated speed enforcement system violation,
17  or automated traffic law violation liability that may be
18  filed by a person owing an unpaid fine or penalty. A
19  petition to set aside a determination of liability may
20  also be filed by a person required to complete a traffic
21  education program. The petition shall be filed with and
22  ruled upon by the traffic compliance administrator in the
23  manner and within the time specified by ordinance. The
24  grounds for the petition may be limited to: (A) the person
25  not having been the owner or lessee of the cited vehicle on
26  the date the violation notice was issued, (B) the person

 

 

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1  having already completed the required traffic education
2  program or paid the fine or penalty, or both, for the
3  violation in question, and (C) excusable failure to appear
4  at or request a new date for a hearing. With regard to
5  municipalities or counties with a population of 1 million
6  or more, it shall be grounds for dismissal of a parking
7  violation if the state registration number or vehicle
8  make, only if specified in the violation notice, is
9  incorrect. After the final determination of liability for
10  the parking violation, standing violation, width, height,
11  or length of vehicle violation, compliance violation,
12  automated speed enforcement system violation, or automated
13  traffic law violation liability has been set aside upon a
14  showing of just cause, the registered owner shall be
15  provided with a hearing on the merits for that violation.
16  (9) Procedures for non-residents. Procedures by which
17  persons who are not residents of the municipality or
18  county may contest the merits of the alleged violation
19  without attending a hearing.
20  (10) A schedule of civil fines for violations of
21  vehicular standing regulations, parking regulations,
22  width, height, or length of vehicle regulations,
23  compliance regulations, automated speed enforcement system
24  regulations, or automated traffic law regulations enacted
25  by ordinance pursuant to this Section, and a schedule of
26  penalties for late payment of the fines or failure to

 

 

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1  complete required traffic education programs, provided,
2  however, that the total amount of the fine and penalty for
3  any one violation shall not exceed $250, except as
4  provided in subsection (c) of Section 11-1301.3 of this
5  Code.
6  (11) Other provisions as are necessary and proper to
7  carry into effect the powers granted and purposes stated
8  in this Section.
9  (b-5) An automated speed enforcement system or automated
10  traffic law ordinance adopted under this Section by a
11  municipality or county shall require that the determination to
12  issue a citation be vested solely with the municipality or
13  county and that such authority may not be delegated to any
14  vendor retained by the municipality or county. Any contract or
15  agreement violating such a provision in the ordinance is null
16  and void.
17  (c) Any municipality or county establishing vehicular
18  standing, parking, width, height, length, compliance,
19  automated speed enforcement system, or automated traffic law
20  regulations under this Section may also provide by ordinance
21  for a program of vehicle immobilization for the purpose of
22  facilitating enforcement of those regulations. The program of
23  vehicle immobilization shall provide for immobilizing any
24  eligible vehicle upon the public way by presence of a
25  restraint in a manner to prevent operation of the vehicle. Any
26  ordinance establishing a program of vehicle immobilization

 

 

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1  under this Section shall provide:
2  (1) Criteria for the designation of vehicles eligible
3  for immobilization. A vehicle shall be eligible for
4  immobilization when the registered owner of the vehicle
5  has accumulated the number of incomplete traffic education
6  programs or unpaid final determinations of liability for a
7  parking violation, standing violation, width, height, or
8  length of vehicle violation, compliance violation,
9  automated speed enforcement system violation, or automated
10  traffic law violation liability, or both, as determined by
11  ordinance.
12  (2) A notice of impending vehicle immobilization and a
13  right to a hearing to challenge the validity of the notice
14  by disproving liability for the incomplete traffic
15  education programs or unpaid final determinations of
16  liability for a parking violation, standing violation,
17  width, height, or length of vehicle violation, compliance
18  violation, automated speed enforcement system violation,
19  or automated traffic law violation liability, or both,
20  listed on the notice.
21  (3) The right to a prompt hearing after a vehicle has
22  been immobilized or subsequently towed without the
23  completion of the required traffic education program or
24  payment of the outstanding fines and penalties on parking
25  violations, standing violations, width, height, or length
26  of vehicle violations, compliance violations, automated

 

 

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1  speed enforcement system violations, or automated traffic
2  law violations, or both, for which final determinations
3  have been issued. An order issued after the hearing is a
4  final administrative decision within the meaning of
5  Section 3-101 of the Code of Civil Procedure.
6  (4) A post immobilization and post-towing notice
7  advising the registered owner of the vehicle of the right
8  to a hearing to challenge the validity of the impoundment.
9  (d) Judicial review of final determinations of parking
10  violations, standing violations, width, height, or length of
11  vehicle violations, compliance violations, automated speed
12  enforcement system violations, or automated traffic law
13  violations and final administrative decisions issued after
14  hearings regarding vehicle immobilization and impoundment made
15  under this Section shall be subject to the provisions of the
16  Administrative Review Law.
17  (e) Any fine, penalty, incomplete traffic education
18  program, or part of any fine or any penalty remaining unpaid
19  after the exhaustion of, or the failure to exhaust,
20  administrative remedies created under this Section and the
21  conclusion of any judicial review procedures shall be a debt
22  due and owing the municipality or county and, as such, may be
23  collected in accordance with applicable law. Completion of any
24  required traffic education program and payment in full of any
25  fine or penalty resulting from a standing violation, parking
26  violation, width, height, or length of vehicle violation,

 

 

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1  compliance violation, automated speed enforcement system
2  violation, or automated traffic law violation shall constitute
3  a final disposition of that violation.
4  (f) After the expiration of the period within which
5  judicial review may be sought for a final determination of
6  parking violation, standing violation, width, height, or
7  length of vehicle violation, compliance violation, automated
8  speed enforcement system violation, or automated traffic law
9  violation, the municipality or county may commence a
10  proceeding in the Circuit Court for purposes of obtaining a
11  judgment on the final determination of violation. Nothing in
12  this Section shall prevent a municipality or county from
13  consolidating multiple final determinations of parking
14  violations, standing violations, width, height, or length of
15  vehicle violations, compliance violations, automated speed
16  enforcement system violations, or automated traffic law
17  violations against a person in a proceeding. Upon commencement
18  of the action, the municipality or county shall file a
19  certified copy or record of the final determination of parking
20  violation, standing violation, width, height, or length of
21  vehicle violation, compliance violation, automated speed
22  enforcement system violation, or automated traffic law
23  violation, which shall be accompanied by a certification that
24  recites facts sufficient to show that the final determination
25  of violation was issued in accordance with this Section and
26  the applicable municipal or county ordinance. Service of the

 

 

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1  summons and a copy of the petition may be by any method
2  provided by Section 2-203 of the Code of Civil Procedure or by
3  certified mail, return receipt requested, provided that the
4  total amount of fines and penalties for final determinations
5  of parking violations, standing violations, width, height, or
6  length of vehicle violations, compliance violations, automated
7  speed enforcement system violations, or automated traffic law
8  violations does not exceed $2500. If the court is satisfied
9  that the final determination of parking violation, standing
10  violation, width, height, or length of vehicle violation,
11  compliance violation, automated speed enforcement system
12  violation, or automated traffic law violation was entered in
13  accordance with the requirements of this Section and the
14  applicable municipal or county ordinance, and that the
15  registered owner or the lessee, as the case may be, had an
16  opportunity for an administrative hearing and for judicial
17  review as provided in this Section, the court shall render
18  judgment in favor of the municipality or county and against
19  the registered owner or the lessee for the amount indicated in
20  the final determination of the parking violation, standing
21  violation, width, height, or length of vehicle, compliance
22  violation, automated speed enforcement system violation, or
23  automated traffic law violation, plus costs. The judgment
24  shall have the same effect and may be enforced in the same
25  manner as other judgments for the recovery of money.
26  (g) The fee for participating in a traffic education

 

 

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