Office of the City Clerk - Record #: O2016-6707

• Record #: O2016-6707
• Type: Ordinance
• Status: Passed
• Intro date: 9/12/2016
• Current Controlling Legislative Body: Committee on Finance
• Final action: 9/14/2016
• Title: City of Chicago Automated Enforcement Violation Review and Refund Ordinance of 2016
• Sponsors: Dept./Agency
• Topic: CITY DEPARTMENTS/AGENCIES - Finance

Date	Journal Page Number	Action By	Action	Result
9/21/2016		City Council	Signed by Mayor
9/14/2016	30295	City Council	Passed	Pass
9/12/2016		Committee on Finance	Direct Introduction
9/12/2016		Committee on Finance	Recommended to Pass

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ORDINANCE

WHEREAS, Since 2003, Chapter 9-102 of the Municipal Code of Chicago has empowered the City to impose fines and late payment penalties for automated traffic law enforcement system violations; and

WHEREAS, Since 2012, Chapter 9-101 of the Municipal Code of Chicago has empowered the City to impose fines and late payment penalties for automated speed enforcement system violations; and

WHEREAS, The Municipal Code provided that an initial notice of violation would be sent to persons whose vehicles were detected committing an automated traffic law enforcement system violation or an automated speed enforcement system violation; and

WHEREAS, The initial notice of violation indicated that the recipient could request a hearing to contest the violation, that a failure to pay or contest the violation would result in a determination being entered against the recipient, that a failure to pay the fine in time would result in a late payment penalty being assessed in an amount up to the fine, and that any unpaid fine or penalty would constitute a debt due and owing to the City; and

WHEREAS, Prior to May 6, 2015, the Municipal Code of Chicago provided that.a second notice of violation would be sent to the recipient if no response was made to first notice, although the Illinois Vehicle Code does not require the issuance of second notices in connection with these types of violations; and

WHEREAS, The Department did not issue second notices in connection with automated traffic law enforcement system violations or automated speed enforcement system violations; and

WHEREAS, Consistent with the Municipal Code of Chicago's earlier provision for a second notice of violation to be sent, the City should now send a review notice to persons who received but did not respond to an initial notice of violation; and

WHEREAS, Such additional notice should reiterate the recipient's ability to contest liability for the violation by seeking review before an administrative law officer...