ACTION REQUESTED:
Title
Communication from the City Manager and Corporation Counsel with a Request for the Following:
A. ADOPT an ORDINANCE Amending CHAPTER 28 of the CODE of the City of Peoria, Regarding AUTOMATED TRAFFIC VIOLATIONS; and
B. APPROVE and Authorize the City Manager to Execute an INTERGOVERNMENTAL AGREEMENT Between the City of Peoria and PEORIA PUBLIC SCHOOLS DISTRICT 150, for Operation of the Automated Traffic Violation System.
Body
BACKGROUND:
Peoria Public Schools District 150 (“School District”) has noticed an increasingly alarming trend of motorists unlawfully approaching and overtaking its school buses in violation of 625 ILCS 5/11-1414. The illegal passing of school buses endangers the health and safety of students and others. Therefore, the Illinois legislature has authorized school districts and local governments to cooperate on the detection and prosecution of illegal passing of school buses. 625 ILCS 5/11-208.9(r) requires the School District and the City of Peoria to enter into an intergovernmental agreement before an automated traffic violation system may be utilized. The system is comprised of cameras and sensors installed on school buses that detect and photograph the license plates of offending vehicles.
The proposed ordinance creates a process for the handling of violations detected by the system, which is also required by 625 ILCS 5/11-208.9. Photographs taken by the system must be reviewed by a technician who will confirm whether a violation occurred. If a violation is depicted, the registered owner of the vehicle will be assessed a penalty of $300.00 for a first offense and $1,000.00 for a second or subsequent offense. Registered owners may dispute the validity of citations by requesting an administrative hearing before an impartial hearing officer. The automated traffic violation system would be limited to the detection of motorists illegally passing school buses. Citations issued under the system are civil, not criminal, in nature. Revenue from the violations is split evenly with the School District.
The City has reached to the other school districts within its municipal boundaries to notify them of this proposed ordinance. To date, no other school districts have expressed an intention to implement an automated traffic violation system. The City remains ready to partner with other local school districts that want to improve the safety of their students with an automated traffic violation system.
During the City Council meeting on December 14, 2021, there was discussion regarding the appropriate venue for prosecuting violations since the statute permits administrative or court adjudication. Municipalities have generally elected to try these violations administratively for several reasons, including avoiding straining overstretched judicial resources, circumventing certain procedural requirements, and keeping the shared revenue within a City-administered system. Importantly, offenders’ right would still be protected by their ability to appeal administrative decisions to the circuit court for review.
There was also discussion during the prior City Council meeting regarding the recording of violations with the Illinois Secretary of State’s office and whether venue may affect recording. Unfortunately, automated violations are not considered moving violations and cannot be recorded on driving records. See 625 ILCS 5/11-208.9(k). The automated traffic violation system records a photograph of the vehicle committing the offense - it does not identify the driver. Therefore, the wrongful act is attributed to the vehicle’s “registered owner.” The registered owners are responsible even if they were not driving the vehicle at the time of the violation. Since the driver cannot be conclusively identified by the automated traffic violation system, the violation cannot be recorded on a specific individual’s driving record.
Before prosecuting any violations, both the proposed ordinance and the requisite intergovernmental agreement with the School District must be approved.
NEIGHBORHOOD CONCERNS: None.
IMPACT IF APPROVED: The automated traffic violation system will be implemented to penalize motorists who unlawfully pass school buses endangering students and other.
IMPACT IF DENIED: The automated traffic violation system will not be implemented.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Safe Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Improve Peoria Public Schools.
DEPARTMENT: Legal