|
||||||||||||||||||||||
|
||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
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 Illinois Municipal Code is amended by | |||||||||||||||||||||
5 | changing Section 1-2-1 as follows:
| |||||||||||||||||||||
6 | (65 ILCS 5/1-2-1) (from Ch. 24, par. 1-2-1)
| |||||||||||||||||||||
7 | Sec. 1-2-1. The corporate authorities of each municipality | |||||||||||||||||||||
8 | may pass all
ordinances and make all rules and regulations | |||||||||||||||||||||
9 | proper or necessary, to carry
into effect the powers granted to | |||||||||||||||||||||
10 | municipalities, with such fines or
penalties as may be deemed | |||||||||||||||||||||
11 | proper. No fine or penalty, however, except
civil penalties | |||||||||||||||||||||
12 | provided for failure to make returns or to pay any taxes
levied | |||||||||||||||||||||
13 | by the municipality shall exceed $1,000
$750 and no | |||||||||||||||||||||
14 | imprisonment
authorized
in Section 1-2-9 for failure to pay any | |||||||||||||||||||||
15 | fine, penalty or cost shall exceed
6 months for one offense.
| |||||||||||||||||||||
16 | A penalty imposed for violation of an ordinance may | |||||||||||||||||||||
17 | include, or consist
of, a requirement that the defendant | |||||||||||||||||||||
18 | perform some reasonable public service
work such as but not | |||||||||||||||||||||
19 | limited to the picking up of litter in public parks or
along | |||||||||||||||||||||
20 | public highways or the maintenance of public facilities.
| |||||||||||||||||||||
21 | (Source: P.A. 89-63, eff. 6-30-95.)
| |||||||||||||||||||||
22 | Section 10. The Illinois Vehicle Code is amended by |
| |||||||
| |||||||
1 | changing Section 11-208.3 as follows:
| ||||||
2 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||||||
3 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
4 | of traffic
regulations concerning the standing, parking, or | ||||||
5 | condition of
vehicles and automated traffic law violations.
| ||||||
6 | (a) Any municipality may provide by ordinance for a system | ||||||
7 | of
administrative adjudication of vehicular standing and | ||||||
8 | parking violations and
vehicle compliance violations as | ||||||
9 | defined in this subsection and automated traffic law violations | ||||||
10 | as defined in Section 11-208.6.
The administrative system shall | ||||||
11 | have as its purpose the fair and
efficient enforcement of | ||||||
12 | municipal regulations through the
administrative adjudication | ||||||
13 | of automated traffic law violations and violations of municipal | ||||||
14 | ordinances
regulating the standing and parking of vehicles, the | ||||||
15 | condition and use of
vehicle equipment, and the display of | ||||||
16 | municipal wheel tax licenses within the
municipality's
| ||||||
17 | borders. The administrative system shall only have authority to | ||||||
18 | adjudicate
civil offenses carrying fines not in excess of | ||||||
19 | $1,000
$250 that occur after the
effective date of the | ||||||
20 | ordinance adopting such a system under this Section.
For | ||||||
21 | purposes of this Section, "compliance violation" means a | ||||||
22 | violation of a
municipal regulation governing the condition or | ||||||
23 | use of equipment on a vehicle
or governing the display of a | ||||||
24 | municipal wheel tax license.
| ||||||
25 | (b) Any ordinance establishing a system of administrative |
| |||||||
| |||||||
1 | adjudication
under this Section shall provide for:
| ||||||
2 | (1) A traffic compliance administrator authorized to
| ||||||
3 | adopt, distribute and
process parking, compliance, and | ||||||
4 | automated traffic law violation notices and other notices | ||||||
5 | required
by this
Section, collect money paid as fines and | ||||||
6 | penalties for violation of parking
and compliance
| ||||||
7 | ordinances and automated traffic law violations, and | ||||||
8 | operate an administrative adjudication system. The traffic
| ||||||
9 | compliance
administrator also may make a certified report | ||||||
10 | to the Secretary of State
under Section 6-306.5.
| ||||||
11 | (2) A parking, standing, compliance, or automated | ||||||
12 | traffic law violation notice
that
shall specify the date,
| ||||||
13 | time, and place of violation of a parking, standing, or
| ||||||
14 | compliance, or automated traffic law
regulation; the | ||||||
15 | particular regulation
violated; the fine and any penalty | ||||||
16 | that may be assessed for late payment,
when so provided by | ||||||
17 | ordinance; the vehicle make and state registration
number; | ||||||
18 | and the identification number of the
person issuing the | ||||||
19 | notice.
With regard to automated traffic law violations, | ||||||
20 | vehicle make shall be specified on the automated traffic | ||||||
21 | law violation notice if the make is available and readily | ||||||
22 | discernible. With regard to municipalities with a | ||||||
23 | population of 1 million or more, it
shall be grounds for
| ||||||
24 | dismissal of a parking
violation if the state registration | ||||||
25 | number or vehicle make specified is
incorrect. The | ||||||
26 | violation notice shall state that the payment of the |
| |||||||
| |||||||
1 | indicated
fine, and of any applicable penalty for late | ||||||
2 | payment, shall operate as a
final disposition of the | ||||||
3 | violation. The notice also shall contain
information as to | ||||||
4 | the availability of a hearing in which the violation may
be | ||||||
5 | contested on its merits. The violation notice shall specify | ||||||
6 | the
time and manner in which a hearing may be had.
| ||||||
7 | (3) Service of the parking, standing, or compliance
| ||||||
8 | violation notice by affixing the
original or a facsimile of | ||||||
9 | the notice to an unlawfully parked vehicle or by
handing | ||||||
10 | the notice to the operator of a vehicle if he or she is
| ||||||
11 | present and service of an automated traffic law violation | ||||||
12 | notice by mail to the
address
of the registered owner of | ||||||
13 | the cited vehicle as recorded with the Secretary of
State | ||||||
14 | within 30 days after the Secretary of State notifies the | ||||||
15 | municipality or county of the identity of the owner of the | ||||||
16 | vehicle, but in no event later than 90 days after the | ||||||
17 | violation. A person authorized by ordinance to issue and | ||||||
18 | serve parking,
standing, and compliance
violation notices | ||||||
19 | shall certify as to the correctness of the facts entered
on | ||||||
20 | the violation notice by signing his or her name to the | ||||||
21 | notice at
the time of service or in the case of a notice | ||||||
22 | produced by a computerized
device, by signing a single | ||||||
23 | certificate to be kept by the traffic
compliance
| ||||||
24 | administrator attesting to the correctness of all notices | ||||||
25 | produced by the
device while it was under his or her | ||||||
26 | control. In the case of an automated traffic law violation, |
| |||||||
| |||||||
1 | the ordinance shall
require
a
determination by a technician | ||||||
2 | employed or contracted by the municipality or county that,
| ||||||
3 | based on inspection of recorded images, the motor vehicle | ||||||
4 | was being operated in
violation of Section 11-208.6 or a | ||||||
5 | local ordinance.
If the technician determines that the
| ||||||
6 | vehicle entered the intersection as part of a funeral | ||||||
7 | procession or in order to
yield the right-of-way to an | ||||||
8 | emergency vehicle, a citation shall not be issued. The | ||||||
9 | original or a
facsimile of the violation notice or, in the | ||||||
10 | case of a notice produced by a
computerized device, a | ||||||
11 | printed record generated by the device showing the facts
| ||||||
12 | entered on the notice, shall be retained by the
traffic | ||||||
13 | compliance
administrator, and shall be a record kept in the | ||||||
14 | ordinary course of
business. A parking, standing, | ||||||
15 | compliance, or automated traffic law violation notice | ||||||
16 | issued,
signed and served in
accordance with this Section, | ||||||
17 | a copy of the notice, or the computer
generated record | ||||||
18 | shall be prima facie
correct and shall be prima facie | ||||||
19 | evidence of the correctness of the facts
shown on the | ||||||
20 | notice. The notice, copy, or computer generated
record | ||||||
21 | shall be admissible in any
subsequent administrative or | ||||||
22 | legal proceedings.
| ||||||
23 | (4) An opportunity for a hearing for the registered | ||||||
24 | owner of the
vehicle cited in the parking, standing, | ||||||
25 | compliance, or automated traffic law violation notice in
| ||||||
26 | which the owner may
contest the merits of the alleged |
| |||||||
| |||||||
1 | violation, and during which formal or
technical rules of | ||||||
2 | evidence shall not apply; provided, however, that under
| ||||||
3 | Section 11-1306 of this Code the lessee of a vehicle cited | ||||||
4 | in the
violation notice likewise shall be provided an | ||||||
5 | opportunity for a hearing of
the same kind afforded the | ||||||
6 | registered owner. The hearings shall be
recorded, and the | ||||||
7 | person conducting the hearing on behalf of the traffic
| ||||||
8 | compliance
administrator shall be empowered to administer | ||||||
9 | oaths and to secure by
subpoena both the attendance and | ||||||
10 | testimony of witnesses and the production
of relevant books | ||||||
11 | and papers. Persons appearing at a hearing under this
| ||||||
12 | Section may be represented by counsel at their expense. The | ||||||
13 | ordinance may
also provide for internal administrative | ||||||
14 | review following the decision of
the hearing officer.
| ||||||
15 | (5) Service of additional notices, sent by first class | ||||||
16 | United States
mail, postage prepaid, to the address of the | ||||||
17 | registered owner of the cited
vehicle as recorded with the | ||||||
18 | Secretary of State or, if any notice to that address is | ||||||
19 | returned as undeliverable, to the last known address | ||||||
20 | recorded in a United States Post Office approved database,
| ||||||
21 | or, under Section 11-1306
of this Code, to the lessee of | ||||||
22 | the cited vehicle at the last address known
to the lessor | ||||||
23 | of the cited vehicle at the time of lease or, if any notice | ||||||
24 | to that address is returned as undeliverable, to the last | ||||||
25 | known address recorded in a United States Post Office | ||||||
26 | approved database.
The service shall
be deemed complete as |
| |||||||
| |||||||
1 | of the date of deposit in the United States mail.
The | ||||||
2 | notices shall be in the following sequence and shall | ||||||
3 | include but not be
limited to the information specified | ||||||
4 | herein:
| ||||||
5 | (i) A second notice of parking, standing, or | ||||||
6 | compliance violation. This notice shall specify the
| ||||||
7 | date and location of the violation cited in the | ||||||
8 | parking,
standing,
or compliance violation
notice, the | ||||||
9 | particular regulation violated, the vehicle
make and | ||||||
10 | state registration number, the fine and any penalty | ||||||
11 | that may be
assessed for late payment when so provided | ||||||
12 | by ordinance, the availability
of a hearing in which | ||||||
13 | the violation may be contested on its merits, and the
| ||||||
14 | time and manner in which the hearing may be had. The | ||||||
15 | notice of violation
shall also state that failure | ||||||
16 | either to pay the indicated fine and any
applicable | ||||||
17 | penalty, or to appear at a hearing on the merits in the | ||||||
18 | time and
manner specified, will result in a final | ||||||
19 | determination of violation
liability for the cited | ||||||
20 | violation in the amount of the fine or penalty
| ||||||
21 | indicated, and that, upon the occurrence of a final | ||||||
22 | determination of violation liability for the failure, | ||||||
23 | and the exhaustion of, or
failure to exhaust, available | ||||||
24 | administrative or judicial procedures for
review, any | ||||||
25 | unpaid fine or penalty will constitute a debt due and | ||||||
26 | owing
the municipality.
|
| |||||||
| |||||||
1 | (ii) A notice of final determination of parking, | ||||||
2 | standing,
compliance, or automated traffic law | ||||||
3 | violation liability.
This notice shall be sent | ||||||
4 | following a final determination of parking,
standing, | ||||||
5 | compliance, or automated traffic law
violation | ||||||
6 | liability and the conclusion of judicial review | ||||||
7 | procedures taken
under this Section. The notice shall | ||||||
8 | state that the unpaid fine or
penalty is a debt due and | ||||||
9 | owing the municipality. The notice shall contain
| ||||||
10 | warnings that failure to pay any fine or penalty due | ||||||
11 | and owing the
municipality within the time specified | ||||||
12 | may result in the municipality's
filing of a petition | ||||||
13 | in the Circuit Court to have the unpaid
fine or penalty | ||||||
14 | rendered a judgment as provided by this Section, or may
| ||||||
15 | result in suspension of the person's drivers license | ||||||
16 | for failure to pay
fines or penalties for 10 or more | ||||||
17 | parking violations under Section 6-306.5 or 5 or more | ||||||
18 | automated traffic law violations under Section | ||||||
19 | 11-208.6.
| ||||||
20 | (6) A Notice of impending drivers license suspension. | ||||||
21 | This
notice shall be sent to the person liable for any fine | ||||||
22 | or penalty that
remains due and owing on 10 or more parking
| ||||||
23 | violations or 5 or more unpaid automated traffic law | ||||||
24 | violations. The notice
shall state that failure to pay the | ||||||
25 | fine or penalty owing within 45 days of
the notice's date | ||||||
26 | will result in the municipality notifying the Secretary
of |
| |||||||
| |||||||
1 | State that the person is eligible for initiation of | ||||||
2 | suspension
proceedings under Section 6-306.5 of this Code. | ||||||
3 | The notice shall also state
that the person may obtain a | ||||||
4 | photostatic copy of an original ticket imposing a
fine or | ||||||
5 | penalty by sending a self addressed, stamped envelope to | ||||||
6 | the
municipality along with a request for the photostatic | ||||||
7 | copy.
The notice of impending
drivers license suspension | ||||||
8 | shall be sent by first class United States mail,
postage | ||||||
9 | prepaid, to the address recorded with the Secretary of | ||||||
10 | State or, if any notice to that address is returned as | ||||||
11 | undeliverable, to the last known address recorded in a | ||||||
12 | United States Post Office approved database.
| ||||||
13 | (7) Final determinations of violation liability. A | ||||||
14 | final
determination of violation liability shall occur | ||||||
15 | following failure
to pay the fine or penalty after a | ||||||
16 | hearing officer's determination of violation liability and | ||||||
17 | the exhaustion of or failure to exhaust any
administrative | ||||||
18 | review procedures provided by ordinance. Where a person
| ||||||
19 | fails to appear at a hearing to contest the alleged | ||||||
20 | violation in the time
and manner specified in a prior | ||||||
21 | mailed notice, the hearing officer's
determination of | ||||||
22 | violation liability shall become final: (A) upon
denial of | ||||||
23 | a timely petition to set aside that determination, or (B) | ||||||
24 | upon
expiration of the period for filing the petition | ||||||
25 | without a
filing having been made.
| ||||||
26 | (8) A petition to set aside a determination of parking, |
| |||||||
| |||||||
1 | standing,
compliance, or automated traffic law violation
| ||||||
2 | liability that may be filed by a person owing an unpaid | ||||||
3 | fine or penalty.
The petition shall be filed with and ruled | ||||||
4 | upon by the traffic compliance
administrator in the manner | ||||||
5 | and within the time specified by ordinance.
The grounds for | ||||||
6 | the petition may be limited to: (A) the person not having
| ||||||
7 | been the owner or lessee of the cited vehicle on the date | ||||||
8 | the
violation notice was issued, (B) the person having | ||||||
9 | already paid the fine or
penalty for the violation in | ||||||
10 | question, and (C) excusable failure to
appear at or
request | ||||||
11 | a new date for a hearing.
With regard to municipalities | ||||||
12 | with a population of 1 million or more, it
shall be grounds | ||||||
13 | for
dismissal of a
parking violation if the state | ||||||
14 | registration number, or vehicle make if specified, is
| ||||||
15 | incorrect. After the determination of
parking, standing, | ||||||
16 | compliance, or automated traffic law violation liability | ||||||
17 | has been set aside
upon a showing of just
cause, the | ||||||
18 | registered owner shall be provided with a hearing on the | ||||||
19 | merits
for that violation.
| ||||||
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.
| ||||||
24 | (10) A schedule of civil fines for violations of | ||||||
25 | vehicular standing,
parking, compliance, or automated | ||||||
26 | traffic law regulations enacted by ordinance pursuant to |
| |||||||
| |||||||
1 | this
Section, and a
schedule of penalties for late payment | ||||||
2 | of the fines, provided, however,
that the total amount of | ||||||
3 | the fine and penalty for any one violation shall
not exceed | ||||||
4 | $250, except as provided in subsection (c) of Section | ||||||
5 | 11-1301.3 of this Code.
| ||||||
6 | (11) Other provisions as are necessary and proper to | ||||||
7 | carry into
effect the powers granted and purposes stated in | ||||||
8 | this Section.
| ||||||
9 | (c) Any municipality establishing vehicular standing, | ||||||
10 | parking,
compliance, or automated traffic law
regulations | ||||||
11 | under this Section may also provide by ordinance for a
program | ||||||
12 | of vehicle immobilization for the purpose of facilitating
| ||||||
13 | enforcement of those regulations. The program of vehicle
| ||||||
14 | immobilization shall provide for immobilizing any eligible | ||||||
15 | vehicle upon the
public way by presence of a restraint in a | ||||||
16 | manner to prevent operation of
the vehicle. Any ordinance | ||||||
17 | establishing a program of vehicle
immobilization under this | ||||||
18 | Section shall provide:
| ||||||
19 | (1) Criteria for the designation of vehicles eligible | ||||||
20 | for
immobilization. A vehicle shall be eligible for | ||||||
21 | immobilization when the
registered owner of the vehicle has | ||||||
22 | accumulated the number of unpaid final
determinations of | ||||||
23 | parking, standing, compliance, or automated traffic law | ||||||
24 | violation liability as
determined by ordinance.
| ||||||
25 | (2) A notice of impending vehicle immobilization and a | ||||||
26 | right to a
hearing to challenge the validity of the notice |
| |||||||
| |||||||
1 | by disproving liability
for the unpaid final | ||||||
2 | determinations of parking, standing, compliance, or | ||||||
3 | automated traffic law
violation liability listed
on the | ||||||
4 | notice.
| ||||||
5 | (3) The right to a prompt hearing after a vehicle has | ||||||
6 | been immobilized
or subsequently towed without payment of | ||||||
7 | the outstanding fines and
penalties on parking, standing, | ||||||
8 | compliance, or automated traffic law violations for which | ||||||
9 | final
determinations have been
issued. An order issued | ||||||
10 | after the hearing is a final administrative
decision within | ||||||
11 | the meaning of Section 3-101 of the Code of Civil | ||||||
12 | Procedure.
| ||||||
13 | (4) A post immobilization and post-towing notice | ||||||
14 | advising the registered
owner of the vehicle of the right | ||||||
15 | to a hearing to challenge the validity
of the impoundment.
| ||||||
16 | (d) Judicial review of final determinations of parking, | ||||||
17 | standing,
compliance, or automated traffic law
violations and | ||||||
18 | final administrative decisions issued after hearings
regarding | ||||||
19 | vehicle immobilization and impoundment made
under this Section | ||||||
20 | shall be subject to the provisions of
the Administrative Review | ||||||
21 | Law.
| ||||||
22 | (e) Any fine, penalty, or part of any fine or any penalty | ||||||
23 | remaining
unpaid after the exhaustion of, or the failure to | ||||||
24 | exhaust, administrative
remedies created under this Section | ||||||
25 | and the conclusion of any judicial
review procedures shall be a | ||||||
26 | debt due and owing the municipality and, as
such, may be |
| |||||||
| |||||||
1 | collected in accordance with applicable law. Payment in full
of | ||||||
2 | any fine or penalty resulting from a standing, parking,
| ||||||
3 | compliance, or automated traffic law violation shall
| ||||||
4 | constitute a final disposition of that violation.
| ||||||
5 | (f) After the expiration of the period within which | ||||||
6 | judicial review may
be sought for a final determination of | ||||||
7 | parking, standing, compliance, or automated traffic law
| ||||||
8 | violation, the municipality
may commence a proceeding in the | ||||||
9 | Circuit Court for purposes of obtaining a
judgment on the final | ||||||
10 | determination of violation. Nothing in this
Section shall | ||||||
11 | prevent a municipality from consolidating multiple final
| ||||||
12 | determinations of parking, standing, compliance, or automated | ||||||
13 | traffic law violations against a
person in a proceeding.
Upon | ||||||
14 | commencement of the action, the municipality shall file a | ||||||
15 | certified
copy or record of the final determination of parking, | ||||||
16 | standing, compliance, or automated traffic law
violation, | ||||||
17 | which shall be
accompanied by a certification that recites | ||||||
18 | facts sufficient to show that
the final determination of | ||||||
19 | violation was
issued in accordance with this Section and the | ||||||
20 | applicable municipal
ordinance. Service of the summons and a | ||||||
21 | copy of the petition may be by
any method provided by Section | ||||||
22 | 2-203 of the Code of Civil Procedure or by
certified mail, | ||||||
23 | return receipt requested, provided that the total amount of
| ||||||
24 | fines and penalties for final determinations of parking, | ||||||
25 | standing,
compliance, or automated traffic law violations does | ||||||
26 | not
exceed $2500. If the court is satisfied that the final |
| |||||||
| |||||||
1 | determination of
parking, standing, compliance, or automated | ||||||
2 | traffic law violation was entered in accordance with
the | ||||||
3 | requirements of
this Section and the applicable municipal | ||||||
4 | ordinance, and that the registered
owner or the lessee, as the | ||||||
5 | case may be, had an opportunity for an
administrative hearing | ||||||
6 | and for judicial review as provided in this Section,
the court | ||||||
7 | shall render judgment in favor of the municipality and against
| ||||||
8 | the registered owner or the lessee for the amount indicated in | ||||||
9 | the final
determination of parking, standing, compliance, or | ||||||
10 | automated traffic law violation, plus costs.
The judgment shall | ||||||
11 | have
the same effect and may be enforced in the same manner as | ||||||
12 | other judgments
for the recovery of money.
| ||||||
13 | (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | ||||||
14 | 94-930, eff. 6-26-06; revised 8-3-06.)
|