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1 | AN ACT in relation to transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing
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5 | Section 11-208.3 as follows:
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6 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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7 | Sec. 11-208.3. Administrative adjudication of violations | |||||||||||||||||||
8 | of traffic
regulations concerning the standing, parking, or | |||||||||||||||||||
9 | condition of
vehicles.
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10 | (a) Any municipality may provide by ordinance for a system | |||||||||||||||||||
11 | of
administrative adjudication of vehicular standing and | |||||||||||||||||||
12 | parking violations and
vehicle compliance violations as | |||||||||||||||||||
13 | defined in this subsection.
The administrative system shall | |||||||||||||||||||
14 | have as its purpose the fair and
efficient enforcement of | |||||||||||||||||||
15 | municipal regulations through the
administrative adjudication | |||||||||||||||||||
16 | of violations of municipal ordinances
regulating the standing | |||||||||||||||||||
17 | and parking of vehicles, the condition and use of
vehicle | |||||||||||||||||||
18 | equipment, and the display of municipal wheel tax licenses | |||||||||||||||||||
19 | within the
municipality's
borders. The administrative system | |||||||||||||||||||
20 | shall only have authority only to
adjudicate
civil offenses | |||||||||||||||||||
21 | carrying fines not in excess of $250 that occur after the
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22 | effective date of the ordinance adopting such a system under | |||||||||||||||||||
23 | this Section.
For purposes of this Section, "compliance | |||||||||||||||||||
24 | violation" means a violation of a
municipal regulation | |||||||||||||||||||
25 | governing the condition or use of equipment on a vehicle
or | |||||||||||||||||||
26 | governing the display of a municipal wheel tax license.
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27 | (b) Any ordinance establishing a system of administrative | |||||||||||||||||||
28 | adjudication
under this Section shall provide for:
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29 | (1) A traffic compliance administrator authorized to
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30 | adopt, distribute and
process parking and compliance | |||||||||||||||||||
31 | violation notices and other notices required
by this
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32 | Section, collect money paid as fines and penalties for |
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1 | violation of parking
and compliance
ordinances, and | ||||||
2 | operate an administrative adjudication system. The traffic
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3 | compliance
administrator also may make a certified report | ||||||
4 | to the Secretary of State
under Section 6-306.5.
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5 | (2) A parking, standing, or compliance violation | ||||||
6 | notice
that
shall specify the date,
time, and place of | ||||||
7 | violation of a parking, standing, or compliance
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8 | regulation; the particular regulation
violated; the fine | ||||||
9 | and any penalty that may be assessed for late payment,
when | ||||||
10 | so provided by ordinance; the vehicle make and state | ||||||
11 | registration
number; and the identification number of the
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12 | person issuing the notice.
With regard to municipalities | ||||||
13 | with a population of 1 million or more, it
shall be grounds | ||||||
14 | for
dismissal of a parking
violation if the State | ||||||
15 | registration number or vehicle make specified is
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16 | incorrect. The violation notice shall state that the | ||||||
17 | payment of the indicated
fine, and of any applicable | ||||||
18 | penalty for late payment, shall operate as a
final | ||||||
19 | disposition of the violation. The notice also shall contain
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20 | information as to the availability of a hearing in which | ||||||
21 | the violation may
be contested on its merits. The violation | ||||||
22 | notice shall specify the
time and manner in which a hearing | ||||||
23 | may be had.
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24 | (3) Service of the parking, standing, or compliance
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25 | violation notice by affixing the
original or a facsimile of | ||||||
26 | the notice to an unlawfully parked vehicle or by
handing | ||||||
27 | the notice to the operator of a vehicle if he or she is
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28 | present. A person authorized by ordinance to issue and | ||||||
29 | serve parking,
standing, and compliance
violation notices | ||||||
30 | shall certify as to the correctness of the facts entered
on | ||||||
31 | the violation notice by signing his or her name to the | ||||||
32 | notice at
the time of service or in the case of a notice | ||||||
33 | produced by a computerized
device, by signing a single | ||||||
34 | certificate to be kept by the traffic
compliance
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35 | administrator attesting to the correctness of all notices | ||||||
36 | produced by the
device while it was under his or her |
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1 | control. The original or a
facsimile of the violation | ||||||
2 | notice or, in the case of a notice produced by a
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3 | computerized device, a printed record generated by the | ||||||
4 | device showing the facts
entered on the notice, shall be | ||||||
5 | retained by the
traffic compliance
administrator, and | ||||||
6 | shall be a record kept in the ordinary course of
business. | ||||||
7 | A parking, standing, or compliance violation notice | ||||||
8 | issued,
signed and served in
accordance with this Section, | ||||||
9 | a copy of the notice, or the computer
generated record | ||||||
10 | shall be prima facie
correct and shall be prima facie | ||||||
11 | evidence of the correctness of the facts
shown on the | ||||||
12 | notice. The notice, copy, or computer generated
record | ||||||
13 | shall be admissible in any
subsequent administrative or | ||||||
14 | legal proceedings.
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15 | (4) An opportunity for a hearing for the registered | ||||||
16 | owner of the
vehicle cited in the parking, standing, or | ||||||
17 | compliance violation notice in
which the owner may
contest | ||||||
18 | the merits of the alleged violation, and during which | ||||||
19 | formal or
technical rules of evidence shall not apply; | ||||||
20 | provided, however, that under
Section 11-1306 of this Code | ||||||
21 | the lessee of a vehicle cited in the
violation notice | ||||||
22 | likewise shall be provided an opportunity for a hearing of
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23 | the same kind afforded the registered owner. The hearings | ||||||
24 | shall be
recorded, and the person conducting the hearing on | ||||||
25 | behalf of the traffic
compliance
administrator shall be | ||||||
26 | empowered to administer oaths and to secure by
subpoena | ||||||
27 | both the attendance and testimony of witnesses and the | ||||||
28 | production
of relevant books and papers. Persons appearing | ||||||
29 | at a hearing under this
Section may be represented by | ||||||
30 | counsel at their expense. The ordinance may
also provide | ||||||
31 | for internal administrative review following the decision | ||||||
32 | of
the hearing officer.
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33 | (5) Service of additional notices, sent by first class | ||||||
34 | United States
mail, postage prepaid, to the address of the | ||||||
35 | registered owner of the cited
vehicle as recorded with the | ||||||
36 | Secretary of State or, under Section 11-1306
of this Code, |
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1 | to the lessee of the cited vehicle at the last address | ||||||
2 | known
to the lessor of the cited vehicle at the time of | ||||||
3 | lease.
The service shall
be deemed complete as of the date | ||||||
4 | of deposit in the United States mail.
The notices shall be | ||||||
5 | in the following sequence and shall include but not be
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6 | limited to the information specified herein:
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7 | (i) A second notice of violation. This notice shall | ||||||
8 | specify the
date and location of the violation cited in | ||||||
9 | the parking,
standing,
or compliance violation
notice, | ||||||
10 | the particular regulation violated, the vehicle
make | ||||||
11 | and state registration number, the fine and any penalty | ||||||
12 | that may be
assessed for late payment when so provided | ||||||
13 | by ordinance, the availability
of a hearing in which | ||||||
14 | the violation may be contested on its merits, and the
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15 | time and manner in which the hearing may be had. The | ||||||
16 | notice of violation
shall also state that failure | ||||||
17 | either to pay the indicated fine and any
applicable | ||||||
18 | penalty, or to appear at a hearing on the merits in the | ||||||
19 | time and
manner specified, will result in a final | ||||||
20 | determination of violation
liability for the cited | ||||||
21 | violation in the amount of the fine or penalty
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22 | indicated, and that, upon the occurrence of a final | ||||||
23 | determination of violation liability for the failure, | ||||||
24 | and the exhaustion of, or
failure to exhaust, available | ||||||
25 | administrative or judicial procedures for
review, any | ||||||
26 | unpaid fine or penalty will constitute a debt due and | ||||||
27 | owing
the municipality.
| ||||||
28 | (ii) A notice of final determination of parking, | ||||||
29 | standing, or
compliance violation liability.
This | ||||||
30 | notice shall be sent following a final determination of | ||||||
31 | parking,
standing, or compliance
violation liability | ||||||
32 | and the conclusion of judicial review procedures taken
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33 | under this Section. The notice shall state that the | ||||||
34 | unpaid fine or
penalty is a debt due and owing the | ||||||
35 | municipality. The notice shall contain
warnings that | ||||||
36 | failure to pay any fine or penalty due and owing the
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1 | municipality within the time specified may result in | ||||||
2 | the municipality's
filing of a petition in the Circuit | ||||||
3 | Court to have the unpaid
fine or penalty rendered a | ||||||
4 | judgment as provided by this Section, or may
result in | ||||||
5 | suspension of the person's drivers license for failure | ||||||
6 | to pay
fines or penalties for 10 or more parking | ||||||
7 | violations under Section 6-306.5.
| ||||||
8 | (6) A Notice of impending drivers license suspension. | ||||||
9 | This
notice shall be sent to the person liable for any fine | ||||||
10 | or penalty that
remains due and owing on 10 or more parking
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11 | violations. The notice
shall state that failure to pay the | ||||||
12 | fine or penalty owing within 45 days of
the notice's date | ||||||
13 | will result in the municipality notifying the Secretary
of | ||||||
14 | State that the person is eligible for initiation of | ||||||
15 | suspension
proceedings under Section 6-306.5 of this Code. | ||||||
16 | The notice shall also state
that the person may obtain a | ||||||
17 | photostatic copy of an original ticket imposing a
fine or | ||||||
18 | penalty by sending a self addressed, stamped envelope to | ||||||
19 | the
municipality along with a request for the photostatic | ||||||
20 | copy.
The notice of impending
drivers license suspension | ||||||
21 | shall be sent by first class United States mail,
postage | ||||||
22 | prepaid, to the address recorded with the Secretary of | ||||||
23 | State.
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24 | (7) Final determinations of violation liability. A | ||||||
25 | final
determination of violation liability shall occur | ||||||
26 | following failure
to pay the fine or penalty after a | ||||||
27 | hearing officer's determination of violation liability and | ||||||
28 | the exhaustion of or failure to exhaust any
administrative | ||||||
29 | review procedures provided by ordinance. Where a person
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30 | fails to appear at a hearing to contest the alleged | ||||||
31 | violation in the time
and manner specified in a prior | ||||||
32 | mailed notice, the hearing officer's
determination of | ||||||
33 | violation liability shall become final: (A) upon
denial of | ||||||
34 | a timely petition to set aside that determination, or (B) | ||||||
35 | upon
expiration of the period for filing the petition | ||||||
36 | without a
filing having been made.
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1 | (8) A petition to set aside a determination of parking, | ||||||
2 | standing, or
compliance violation
liability that may be | ||||||
3 | filed by a person owing an unpaid fine or penalty.
The | ||||||
4 | petition shall be filed with and ruled upon by the traffic | ||||||
5 | compliance
administrator in the manner and within the time | ||||||
6 | specified by ordinance.
The grounds for the petition may be | ||||||
7 | limited to: (A) the person not having
been the owner or | ||||||
8 | lessee of the cited vehicle on the date the
violation | ||||||
9 | notice was issued, (B) the person having already paid the | ||||||
10 | fine or
penalty for the violation in question, and (C) | ||||||
11 | excusable failure to
appear at or
request a new date for a | ||||||
12 | hearing.
With regard to municipalities with a population of | ||||||
13 | 1 million or more, it
shall be grounds for
dismissal of a
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14 | parking violation if the State registration number or | ||||||
15 | vehicle make specified is
incorrect. After the | ||||||
16 | determination of
parking, standing, or compliance | ||||||
17 | violation liability has been set aside
upon a showing of | ||||||
18 | just
cause, the registered owner shall be provided with a | ||||||
19 | hearing on the merits
for that violation.
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20 | (9) Procedures for non-residents. Procedures by which | ||||||
21 | persons who are
not residents of the municipality may | ||||||
22 | contest the merits of the alleged
violation without | ||||||
23 | attending a hearing.
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24 | (10) A schedule of civil fines for violations of | ||||||
25 | vehicular standing,
parking, and compliance regulations | ||||||
26 | enacted by ordinance pursuant to this
Section, and a
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27 | schedule of penalties for late payment of the fines, | ||||||
28 | provided, however,
that the total amount of the fine and | ||||||
29 | penalty for any one violation shall
not exceed $250.
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30 | (11) Other provisions as are necessary and proper to | ||||||
31 | carry into
effect the powers granted and purposes stated in | ||||||
32 | this Section.
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33 | (c) Any municipality establishing vehicular standing, | ||||||
34 | parking,
and compliance
regulations under this Section may also | ||||||
35 | provide by ordinance for a
program of vehicle immobilization | ||||||
36 | for the purpose of facilitating
enforcement of those |
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1 | regulations. The program of vehicle
immobilization shall | ||||||
2 | provide for immobilizing any eligible vehicle upon the
public | ||||||
3 | way by presence of a restraint in a manner to prevent operation | ||||||
4 | of
the vehicle. Any ordinance establishing a program of vehicle
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5 | immobilization under this Section shall provide:
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6 | (1) Criteria for the designation of vehicles eligible | ||||||
7 | for
immobilization. A vehicle shall be eligible for | ||||||
8 | immobilization when the
registered owner of the vehicle has | ||||||
9 | accumulated the number of unpaid final
determinations of | ||||||
10 | parking, standing, or compliance violation liability as
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11 | determined by ordinance.
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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 unpaid final | ||||||
15 | determinations of parking, standing, or compliance
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16 | violation liability listed
on the notice.
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17 | (3) The right to a prompt hearing after a vehicle has | ||||||
18 | been immobilized
or subsequently towed without payment of | ||||||
19 | the outstanding fines and
penalties on parking, standing, | ||||||
20 | or compliance violations for which final
determinations | ||||||
21 | have been
issued. An order issued after the hearing is a | ||||||
22 | final administrative
decision within the meaning of | ||||||
23 | Section 3-101 of the Code of Civil Procedure.
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24 | (4) A post immobilization and post-towing notice | ||||||
25 | advising the registered
owner of the vehicle of the right | ||||||
26 | to a hearing to challenge the validity
of the impoundment.
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27 | (d) Judicial review of final determinations of parking, | ||||||
28 | standing, and
compliance
violations and final administrative | ||||||
29 | decisions issued after hearings
regarding vehicle | ||||||
30 | immobilization and impoundment made
under this Section shall be | ||||||
31 | subject to the provisions of
the Administrative Review Law.
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32 | (e) Any fine, penalty, or part of any fine or any penalty | ||||||
33 | remaining
unpaid after the exhaustion of, or the failure to | ||||||
34 | exhaust, administrative
remedies created under this Section | ||||||
35 | and the conclusion of any judicial
review procedures shall be a | ||||||
36 | debt due and owing the municipality and, as
such, may be |
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1 | collected in accordance with applicable law. Payment in full
of | ||||||
2 | any fine or penalty resulting from a standing, parking, or
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3 | compliance violation shall
constitute a final disposition of | ||||||
4 | that violation.
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5 | (f) After the expiration of the period within which | ||||||
6 | judicial review may
be sought for a final determination of | ||||||
7 | parking, standing, or compliance
violation, the municipality
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8 | may commence a proceeding in the Circuit Court for purposes of | ||||||
9 | obtaining a
judgment on the final determination of violation. | ||||||
10 | Nothing in this
Section shall prevent a municipality from | ||||||
11 | consolidating multiple final
determinations of parking, | ||||||
12 | standing, or compliance violation against a
person in a | ||||||
13 | proceeding.
Upon commencement of the action, the municipality | ||||||
14 | shall file a certified
copy of the final determination of | ||||||
15 | parking, standing, or compliance
violation, which shall be
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16 | accompanied by a certification that recites facts sufficient to | ||||||
17 | show that
the final determination of violation was
issued in | ||||||
18 | accordance with this Section and the applicable municipal
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19 | ordinance. Service of the summons and a copy of the petition | ||||||
20 | may be by
any method provided by Section 2-203 of the Code of | ||||||
21 | Civil Procedure or by
certified mail, return receipt requested, | ||||||
22 | provided that the total amount of
fines and penalties for final | ||||||
23 | determinations of parking, standing, or
compliance violations | ||||||
24 | does not
exceed $2500. If the court is satisfied that the final | ||||||
25 | determination of
parking, standing, or compliance violation | ||||||
26 | was entered in accordance with
the requirements of
this Section | ||||||
27 | and the applicable municipal ordinance, and that the registered
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28 | owner or the lessee, as the case may be, had an opportunity for | ||||||
29 | an
administrative hearing and for judicial review as provided | ||||||
30 | in this Section,
the court shall render judgment in favor of | ||||||
31 | the municipality and against
the registered owner or the lessee | ||||||
32 | for the amount indicated in the final
determination of parking, | ||||||
33 | standing, or compliance violation, plus costs.
The judgment | ||||||
34 | shall have
the same effect and may be enforced in the same | ||||||
35 | manner as other judgments
for the recovery of money.
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36 | (Source: P.A. 92-695, eff. 1-1-03.)
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