Bill Text: IL SB2894 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-24 - Referred to Assignments [SB2894 Detail]

Download: Illinois-2023-SB2894-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2894 Introduced 1/24/2024, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-43010
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
SB2894 LRB103 37030 AWJ 67145 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-43010 as follows:
(55 ILCS 5/5-43010)
Sec. 5-43010. Administrative adjudication of code and
ordinance violations; definitions.
(a) Any county may provide by ordinance for a system of
administrative adjudication of county code violations to the
extent permitted by the Illinois Constitution.
(b) Any county may provide by ordinance for a system of
administrative adjudication of violations of ordinances
enacted by a participating unit of local government only
where: (i) the unit of local government is engaging in
governmental activities or providing services within the
boundaries of the county; (ii) the unit of local government
has no system of administrative adjudication; and (iii) the
violation occurred within the boundaries of the county.
(c) As used in this Division:
"Participating unit of local government" means a unit of
local government which has entered into an intergovernmental
agreement or contract with a county for the administrative

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

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

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

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

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

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

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

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11-208.6 may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of this
Code or a similar provision of a local ordinance and imposing
liability on a registered owner or lessee of a vehicle used in
such a violation.
(g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of
Section 11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may
enact an ordinance providing for an automated speed
enforcement system to enforce violations of Article VI of
Chapter 11 of this Code or a similar provision of a local
ordinance.
(i) A municipality or county designated in Section
11-208.9 may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of
Section 11-1414 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner or
lessee of a vehicle used in such a violation.
(j) A municipality or county may adopt an ordinance
limiting the width of vehicles on roadways pursuant to Section
15-102, the height of vehicles on roadways pursuant to Section
15-103, or the length of vehicles on roadways pursuant to

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

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

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administrative adjudication system.
(2) A parking violation notice, standing violation
notice, compliance violation notice, width, height, or
length of vehicle violation notice, automated speed
enforcement system violation notice, or automated traffic
law violation notice that shall specify or include the
date, time, and place of violation of a parking, standing,
compliance, automated speed enforcement system, or
automated traffic law regulation; the particular
regulation violated; any requirement to complete a traffic
education program; the fine and any penalty that may be
assessed for late payment or failure to complete a
required traffic education program, or both, when so
provided by ordinance; the vehicle make or a photograph of
the vehicle; the state registration number of the vehicle;
and the identification number of the person issuing the
notice. With regard to automated speed enforcement system
or automated traffic law violations, vehicle make shall be
specified on the automated speed enforcement system or
automated traffic law violation notice if the notice does
not include a photograph of the vehicle and the make is
available and readily discernible. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle make
specified is incorrect. The violation notice shall state

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

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may occur no later than 210 days after the violation; and
service of an automated speed enforcement system or
automated traffic law violation notice by mail to the
address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the
lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the violation, except that in the case of a lessee of
a motor vehicle, service of an automated traffic law
violation notice may occur no later than 210 days after
the violation. A person authorized by ordinance to issue
and serve parking violation notices, standing violation
notices, width, height, or length of vehicle violation
notices, and compliance violation notices shall certify as
to the correctness of the facts entered on the violation
notice by signing his or her name to the notice at the time
of service or, in the case of a notice produced by a
computerized device, by signing a single certificate to be
kept by the traffic compliance administrator attesting to
the correctness of all notices produced by the device
while it was under his or her control. In the case of an
automated traffic law violation, the ordinance shall
require a determination by a technician employed or
contracted by the municipality or county that, based on

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inspection of recorded images, the motor vehicle was being
operated in violation of Section 11-208.6, 11-208.9, or
11-1201.1 or a local ordinance. If the technician
determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. In municipalities with a population of less
than 1,000,000 inhabitants and counties with a population
of less than 3,000,000 inhabitants, the automated traffic
law ordinance shall require that all determinations by a
technician that a motor vehicle was being operated in
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
local ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
be reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality or
county issuing the violation or by an additional fully
trained reviewing technician who is not employed by the
contractor who employs the technician who made the initial

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determination. In the case of an automated speed
enforcement system violation, the ordinance shall require
a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was
an emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds

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

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

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

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

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violation, or compliance violation if the first notice
of the violation was issued by affixing the original
or a facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking violation
notice, standing violation notice, width, height, or
length of vehicle violation notice, or compliance
violation notice, the particular regulation violated,
the vehicle make or a photograph of the vehicle, the
state registration number of the vehicle, any
requirement to complete a traffic education program,
the fine and any penalty that may be assessed for late
payment or failure to complete a traffic education
program, or both, when so provided by ordinance, the
availability of a hearing in which the violation may
be contested on its merits, and the time and manner in
which the hearing may be had. The notice of violation
shall also state that failure to complete a required
traffic education program, to pay the indicated fine
and any applicable penalty, or to appear at a hearing
on the merits in the time and manner specified, will
result in a final determination of violation liability
for the cited violation in the amount of the fine or
penalty indicated, and that, upon the occurrence of a
final determination of violation liability for the

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failure, and the exhaustion of, or failure to exhaust,
available administrative or judicial procedures for
review, any incomplete traffic education program or
any unpaid fine or penalty, or both, will constitute a
debt due and owing the municipality or county.
(ii) A notice of final determination of liability
for a parking violation, standing violation, width,
height, or length of vehicle violation, compliance
violation, automated speed enforcement system
violation, or automated traffic law violation
liability. This notice shall be sent following a final
determination of liability for the of parking
violation, standing violation, width, height, or
length of vehicle violation, compliance violation,
automated speed enforcement system violation, or
automated traffic law violation liability and the
conclusion of judicial review procedures taken under
this Section. The notice shall state that the
incomplete traffic education program or the unpaid
fine or penalty, or both, is a debt due and owing the
municipality or county. The notice shall contain
warnings that failure to complete any required traffic
education program or to pay any fine or penalty due and
owing the municipality or county, or both, within the
time specified may result in the municipality's or
county's filing of a petition in the Circuit Court to

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

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

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

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

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under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle
has accumulated the number of incomplete traffic education
programs or unpaid final determinations of liability for a
parking violation, standing violation, width, height, or
length of vehicle violation, compliance violation,
automated speed enforcement system violation, or automated
traffic law violation liability, or both, as determined by
ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
liability for a parking violation, standing violation,
width, height, or length of vehicle violation, compliance
violation, automated speed enforcement system violation,
or automated traffic law violation liability, or both,
listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking
violations, standing violations, width, height, or length
of vehicle violations, compliance violations, automated

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

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compliance violation, automated speed enforcement system
violation, or automated traffic law violation shall constitute
a final disposition of that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking violation, standing violation, width, height, or
length of vehicle violation, compliance violation, automated
speed enforcement system violation, or automated traffic law
violation, the municipality or county may commence a
proceeding in the Circuit Court for purposes of obtaining a
judgment on the final determination of violation. Nothing in
this Section shall prevent a municipality or county from
consolidating multiple final determinations of parking
violations, standing violations, width, height, or length of
vehicle violations, compliance violations, automated speed
enforcement system violations, or automated traffic law
violations against a person in a proceeding. Upon commencement
of the action, the municipality or county shall file a
certified copy or record of the final determination of parking
violation, standing violation, width, height, or length of
vehicle violation, compliance violation, automated speed
enforcement system violation, or automated traffic law
violation, which shall be accompanied by a certification that
recites facts sufficient to show that the final determination
of violation was issued in accordance with this Section and
the applicable municipal or county ordinance. Service of the

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

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