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ADMINISTRATIVE ADJUDICATION OF PARKING, COMPLIANCE VIOLATIONS, AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM OR AUTOMATED SPEED ENFORCEMENT SYSTEM VIOLATIONS

Municipal Code of Chicago tit. 9, ch. 9-100
in effect

Municipal Code of Chicago § 9-100-010 Purpose - Scope - Adoption of rules and regulations.

9-100-010 Purpose - Scope - Adoption of rules and regulations. (a) The purpose of this chapter is to provide for the administrative adjudication of violations of ordinances defining parking, standing, compliance, automated speed enforcement system, and automated traffic law enforcement system violations, and to establish a fair and efficient system for the enforcement of such ordinances. The administrative adjudication system set forth in this chapter is established pursuant to Division 2.1 of the Illinois Municipal Code and Sections 11-208.3, 11-208.6 and 11-208.8 of the Illinois Vehicle Code. (b) The comptroller shall serve ex officio as the city's traffic compliance administrator and in that capacity is authorized to: (i) adopt, distribute, and process parking, standing, compliance, automated traffic law enforcement system and automated speed enforcement system violation notices and additional notices, collect money paid as fines and penalties for parking, compliance automated traffic law enforcement system, and automated speed enforcement system violations; (ii) establish procedures necessary for the prompt, fair and efficient operation of the administrative adjudication system; and (iii) adopt rules and regulations pertaining to: the administrative adjudication process, the selection and appointment of administrative law officers, the content of forms and procedures, and the daily operation of the administrative adjudication of parking, standing, compliance, automated traffic law enforcement system, and automated speed enforcement system violations. (c) The traffic compliance administrator may delegate to the department of administrative hearings his authority to appoint administrative law officers, to adopt rules and regulations pertaining to administrative adjudication proceedings and to conduct administrative adjudication proceedings, including the functions of the traffic compliance administrator set forth in Sections 9-100-070(a); 9-100-080(a), (b) and (g); 9-100-090(c); 9-100-130(c); and subsection (b)(iii) of this section. (d) Subject to the availability of duly appropriated funds, the traffic compliance administrator is authorized to enter into service contracts with vendors to be selected by the traffic compliance administrator for the purpose of receiving self-release immobilization devices lawfully removed pursuant to approval by the traffic compliance administrator. Such vendors may receive the lawfully removed self-release immobilization devices directly or through subcontractors to be selected by the contractors, subject to the approval of the traffic compliance administrator. The services contract may contain such terms as the traffic compliance administrator deems necessary to effectuate the purpose of this subsection. The traffic compliance administrator is authorized to adopt rules for the proper administration and enforcement of this subsection. (Prior code § 27.1-1; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 11-13-07, p. 14999, Art. I, §§ 4 and 7; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 5)

Municipal Code of Chicago § 9-100-020 Violation - Penalty.

9-100-020 Violation - Penalty. (a) The violation of any provision of the traffic code prohibiting or restricting vehicular standing or parking, or establishing a compliance, automated speed enforcement system, or automated traffic law enforcement system violation, shall be a civil offense punishable by fine, and no criminal penalty, or civil sanction other than that prescribed in the traffic code, shall be imposed. (b) The fines listed below shall be imposed for a violation of the following sections of the traffic code: Traffic Code Section | Fine Traffic Code Section | Fine 9-12-060 | $90.00 9-40-060(a)(2) | $250.00 9-64-020(a) | $25.00 9-64-020(b) | $75.00 9-64-020(c) | $25.00 9-64-030 | $50.00 9-64-040(b) | $60.00 9-64-041 | $60.00 9-64-050 | $250.00 9-64-060 | $60.00 9-64-070 | $60.00 9-64-080 | $100.00 9-64-090(d) and (e) | $75.00 9-64-091 | $50.00 9-64-100(a) | $150.00 9-64-100(b) and (c) | $150.00 9-64-100(d) | $75.00 9-64-100(e) and (h) | $100.00 9-64-100(f) and (g) | $60.00 9-64-110(a)(1) | $100.00 9-64-110(a)(2) | $250.00 9-64-110(c), (d) and (e) | $60.00 9-64-110(b), (f) and (g) | $75.00 9-64-110(h) | $100.00 9-64-115 | $100.00 9-64-120 | $50.00 9-64-130 | $150.00 9-64-140 | $100.00 9-64-150(a) | $100.00 9-64-150(b) | $75.00 9-64-160 | $60.00 9-64-170(a) | $75.00, if the vehicle has a gross vehicle weight rating of less than 8,000 pounds; $125.00, if the vehicle has a gross vehicle weight rating of 8,000 pounds or more 9-64-170(b) | $75.00, if the vehicle has a gross vehicle weight rating of less than 8,000 pounds; $125.00, if the vehicle has a gross vehicle weight rating of 8,000 pounds or more 9-64-170(c) | $60.00 9-64-180 | $60.00 9-64-190(a) | $50.00 9-64-190(b) | $70.00 9-64-190(c) | $140.00 9-64-200(b) | $50.00 9-64-210 | $50.00 9-68-025(d) | $75.00 9-80-095 | $250.00 9-80-110(a) | $75.00 9-80-110(b) | $75.00 9-80-120(a) | $50.00 9-80-120(b) | $25.00 9-80-130 | $50.00 (c) The fines listed below shall be imposed for violation of the following sections of the traffic code: Traffic Code Section | Fine Traffic Code Section | Fine 9-40-080 | $75.00 9-40-170 | $25.00 9-40-220 | $25.00 9-64-125(b) | $200.00 9-64-125(c) | $250.00 9-64-125(d) | $30.00 9-68-020(a)(3) | $30.00 9-68-020(b)(3) | $30.00 9-76-010 | $25.00 9-76-020 | $25.00 9-76-030 | $25.00 9-76-040 | $25.00 9-76-050 | $25.00 9-76-060 | $25.00 9-76-070 | $25.00 9-76-080 | $25.00 9-76-090 | $25.00 9-76-100 | $25.00 9-76-110(a) | $25.00 9-76-120 | $25.00 9-76-130 | $25.00 9-76-140(a) | $250.00 9-76-140(b) | $100.00 9-76-160(a)(1)-(4) | $60.00 9-76-160(a)(5) and (6) | $250.00 9-76-160(b) | $60.00 9-76-190 | $25.00 9-76-200 | $25.00 9-76-210 | $25.00 9-76-220(a) and (b) | $250.00 (d) The fines listed below shall be imposed for a violation of the following sections of the traffic code: Traffic Code Section | Fine 9-101-020 (1) | $35.00 if the recorded speed is 6 or more miles over the applicable speed limit, but less than 11 miles over such speed limit; (2) | $100.00 if the recorded speed is 11 or more miles per hour over the applicable speed limit. 9-102-020 | $100.00 (Prior code § 27.1-2; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 11-1-95, p. 9068; Amend Coun. J. 11-15-95, p. 11995; Amend Coun. J. 3-26-96, p. 19161, § 16, effective 1-1-97; Amend Coun. J. 2-7-97, p. 38959; Amend Coun. J. 4-16-97, p. 42621; Amend Coun. J. 11-19-97, p. 57861; Amend Coun. J. 11-10-99, p. 14998, § 4.1; Amend Coun. J. 11-17-99, p. 17487, § 4.1; Amend Coun. J. 12-12-01, p. 75777, § 5.11; Amend Coun. J. 7-29-03, p. 6166, § 4; Amend Coun. J. 11-5-03, p. 10746, § 1; Amend Coun. J. 11-19-03, p. 14216, § 6.4; Amend Coun. J. 12-17-03, p. 14966, § 1; Amend Coun. J. 5-26-04, p. 24880, § 1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 3-9-05, p. 44095, § 1; Amend Coun. J. 4-11-07, p. 102914, § 1; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 3-12-08, p. 22781, § 1; Amend Coun. J. 7-9-08, p. 32613, § 1; Amend Coun. J. 11-5-08, p. 43707, § 5; Amend Coun. J. 2-11-09, p. 55033, § 1; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. II, § 1; Amend Coun. J. 11-16-11, p. 13793, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. IX, § 4; Amend Coun. J. 11-16-11, p. 14596, Art. IV, § 1; Amend Coun. J. 2-15-12, p. 20533, § 1; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 11-8-12, p. 38812, § 2; Amend Coun. J. 11-26-13, p. 67528, § 4; Amend Coun. J. 4-30-14, p. 79799, § 2; Amend Coun. J. 5-28-14, p. 81917, § 3; Amend Coun. J. 11-19-14, p. 98037, § 12; Amend Coun. J. 11-16-16, p. 37901, Art. III, § 9; Amend Coun. J. 11-16-16, p. 38042, Art. IV, § 3; Amend Coun. J. 11-8-17, p. 59344, § 2; Amend Coun. J. 4-18-18, p. 76374, § 2; Amend Coun. J. 9-20-18, p. 84327, § 3; Amend Coun. J. 11-7-18, p. 88803, § 22; Amend Coun. J. 11-26-19, p. 11514, Art. IV, § 8; Amend Coun. J. 4-21-21, p. 29728, § 7; Amend Coun. J. 11-7-22, p. 55595, Art. IV, § 5; Amend Coun. J. 3-15-23, p. 61150, Art. III, § 1; Amend Coun. J. 2-19-25, p. 24594, § 4; Amend Coun. J. 6-18-25, p. 29797, § 3)

Municipal Code of Chicago § 9-100-030 Prima facie responsibility for violation and penalty - Parking, standing or compliance violation issuance.

9-100-030 Prima facie responsibility for violation and penalty - Parking, standing or compliance violation issuance. (a) Whenever any vehicle exhibits a parking, standing, or compliance violation, any person in whose name the vehicle is registered with the Secretary of State of Illinois or such other state's registry of motor vehicles shall be prima facie responsible for the violation and subject to the penalty therefor. The City shall accurately record the state registration number of the ticketed vehicle. A prima facie case shall not be established when: (1) the City has failed to specify and accurately record the proper state registration number of the cited vehicle on the notice; or (2) for the purposes of Section 9-64-125, the registered owner was not a resident of the City on the day the violation was issued. (b) Whenever any vehicle exhibits a parking, standing, or compliance violation, any police officer, traffic control aide, other designated member of the Police Department, parking enforcement aide or other person designated by the Traffic Compliance Administrator observing such violation, or any person designated by the Traffic Compliance Administrator when a violation is enforced by an automated parking enforcement system, may issue a violation notice, as provided for in Section 9-100-040 and serve the notice on the owner of the vehicle by: (i) handing the notice to the operator of the vehicle, if the operator is present, or (ii) affixing the notice to the vehicle in a conspicuous place, 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 City 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, standing or compliance violation shall occur no later than 210 days after the date of the violation. The issuer of the notice shall specify on the notice his or her identification number, the particular ordinance allegedly violated, the make and state registration number of the cited vehicle, and the place, date, time and nature of the alleged violation, and shall certify the correctness of the specified information by signing his or her name as provided in Section 11-208.3 of the Illinois Vehicle Code, as amended. (c) The Traffic Compliance Administrator shall withdraw a violation notice when said notice fails to establish a prima facie case as described in this section; provided, however, that a violation notice shall not be withdrawn if the Traffic Compliance Administrator reasonably determines that (1) a state registration number was properly recorded by the City, and (2) any discrepancy between the vehicle make or model and the vehicle registration number as set forth in the violation notice is the result of the illegal exchange of registration plates. A final determination of liability that has been issued for a violation required to be withdrawn under this subsection (c) shall be vacated by the City. Upon request by the registered owner of the vehicle, the City shall review and vacate a final determination of liability when the violation occurred at any time during which the vehicle was reported to a law enforcement agency as having been stolen and the vehicle had not been recovered by the owner at the time of the violation. The City shall extinguish any lien which has been recorded for any debt due and owing as a result of the vacated determination and refund any fines and/or penalties paid pursuant to the vacated determination. (Prior code § 27.1-3; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 2-7-97, p. 38959; Amend Coun. J. 7-30-97, p. 49902; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 2-10-10, p. 84658, § 2; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 4; Amend Coun. J. 4-24-20, p. 15058, § 1; Amend Coun. J. 3-15-23, p. 61150, Art. III, § 2; Amend Coun. J. 5-21-25, p. 28521, § 1; Amend Coun. J. 6-18-25, p. 29762, § 10)

Municipal Code of Chicago § 9-100-040 Violation notices - Contents, distribution and recordkeeping.

9-100-040 Violation notices - Contents, distribution and recordkeeping. (a) Parking, standing and compliance violation notices shall contain the information required under Section 9-100-030. In addition, the notices shall state the applicable fine as provided in Section 9-100-020, the monetary penalty which shall be automatically assessed for late payment, the vehicle immobilization and driver's license suspension (if applicable) may be imposed if fines and penalties are not paid in full, that payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation, and information as to the availability of an administrative hearing in which the violation may be contested on its merits and the time and manner in which such hearing may be had. (b) The traffic compliance administrator shall distribute parking, standing and compliance violation notices to parking enforcement aides, other persons authorized to issue such violation notices, and the department of police for issuance pursuant to Section 9-100-030. The superintendent of police shall be responsible for the distribution of the notice forms within the department of police, shall maintain a record of each set of notices issued to individual members of the department and shall retain a receipt for every set so issued. (Prior code § 27.1-4; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 5)

Municipal Code of Chicago § 9-100-045 Notice of violation - Automated speed enforcement system and automated traffic law enforcement system violations.

9-100-045 Notice of violation - Automated speed enforcement system and automated traffic law enforcement system violations. (a) Subject to subsection (b) of this section, for each violation of Section 9-101-020 or Section 9-102-020, the department of finance shall mail a violation notice to the address of the registered owner of the vehicle as recorded with the Secretary of State within 30 days after the Secretary of State notifies the traffic compliance administrator of the owner of such vehicle, but in no event later than 90 days after the violation; provided that if the vehicle is leased and the lessor has provided the name and address of the lessee in compliance with Section 9-100-140(c), the department of finance shall mail a violation notice to the lessee of the vehicle within 30 days after the lessor notifies the traffic compliance administrator of the name and address of lessee, but in no even later than 210 days after the violation. The notice shall include all applicable information required in Sections 11-208.3, 11-208.6 and 11-208.8 of the Illinois Vehicle Code, 625 ILCS 5/11-208.3, 5/11-208.6 and 5/11-208.8. (b) (1) No citation for a violation of Section 9-101-020 shall be issued until after the expiration of 30 days after the installation of a new automated speed enforcement system on a roadway. For any violation of Section 9-101-020 occurring during such 30-day period, the department of finance shall, within 30 days after receiving information about the registered owner of the vehicle from the Secretary of State, mail a warning notice to the registered owner of the vehicle used in the commission of the violation; provided that if the vehicle is leased and the lessor has provided the name and address of the lessee pursuant to Section 9-100-140(c), the department of finance shall mail a warning notice to the lessee of the vehicle within 30 days after the lessor notifies the traffic compliance administrator of the name and address of the lessee. The warning shall advise such owner or lessee that the vehicle was used in the commission of a violation of Section 9-101-020 and any further violations of the section will result in the issuance of a citation. (2) In addition to the warning notice provided in subsection (b)(1), for the first violation of Section 9-101-020, the department of finance shall, within 30 days after receiving information about the registered owner of the vehicle from the Secretary of State, mail a warning notice to the registered owner of the vehicle used in the commission of the violation; provided that if the vehicle is leased and the lessor has provided the name and address of the lessee in compliance with Section 9-100-140(c), the department of finance shall mail a warning to the lessee of the vehicle within 30 days after the lessor notifies the traffic compliance administrator of the name and address of lessee. The warning notice shall advise such owner or lessee that the vehicle was used in the commission of a violation of Section 9-101-020 and any further violations of the section will result in the issuance of a citation. After the first warning notice issued to the owner or lessee pursuant to this subsection (b)(2), the department of finance shall issue a notice of violation in compliance with subsection (a). (c) Prior to the issuance of any notice of a violation, the determination of the violation of Section 9-101-020 or Section 9-102-020, and the review of that determination, shall be in accordance with the provisions of subsection (b)(3) of Section 11-208.3 of the Illinois Vehicle Code, 625 ILCS 5/11-208.3. (d) A notice of violation served in accordance with this section shall be prima facie evidence of the correctness of the facts shown on the notice. (Added Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 6.)

Municipal Code of Chicago § 9-100-050 Determination of liability.

9-100-050 Determination of liability. (a) A person on whom a violation notice has been served pursuant to Section 9-100-030 or Section 9-100-045 shall within seven days from the date of a parking, standing or compliance violation notice, or within 21 days of an automated speed enforcement system or automated traffic law enforcement system violation notice: (1) pay the indicated fine; or (2) in the manner indicated on the notice, request an administrative adjudication as set forth in Section 9-100-070 or Section 9-100-080 to contest the charged violation. (b) If the respondent submits documentary evidence to obtain an administrative correspondence hearing in compliance with Section 9-100-070, the Traffic Compliance Administrator shall send the respondent a copy of the administrative law officer’s determination in accordance with subsection (f) herein. (c) If the respondent requests an administrative in-person hearing pursuant to Section 9-100-080, the Traffic Compliance Administrator shall notify the respondent in writing of the location and time available for a hearing in accordance with subsection (f) herein. Where a respondent who has requested an administrative in-person hearing either fails to pay the indicated fine prior to the hearing or appear at a hearing, a determination of liability shall be entered in the amount of the fine indicated on the notice of violation. (d) (1) If no response is made to a parking, standing or compliance violation notice in accordance with subsection (a) of this section, the Traffic Compliance Administrator shall cause a second notice of a parking, standing or compliance violation to be sent to the respondent in accordance with subsection (f) herein; provided however, in those instances where an eligible participant pays the fine indicated under an early installment payment plan pursuant to Section 9-100-160 and rules promulgated thereunder prior to a second notice being sent, the Traffic Compliance Administrator shall still send the second notice in compliance with this subsection. The notice shall specify the date and location of the violation, the make and state registration number of the cited vehicle, the Code provision violated, the applicable fine, and the time and manner in which the respondent may obtain an administrative adjudication to contest the violation. If the respondent requests an administrative in-person hearing to contest the cited violation, the Traffic Compliance Administrator will cause a notice of hearing to be sent to the respondent as provided in subsection (c) herein. Subject to subsection (d)(3), if, within 14 days from the date of the violation notice required by this subsection (d)(1), the respondent fails to: (i) pay the indicated fine; (ii) request an administrative adjudication; or (iii) prove compliance as provided in subsection (a)(7) of Section 9-100-060, a determination of liability shall be entered in the amount of the fine indicated on the notice of violation. The second notice of violation shall provide the above information. (2) Subject to subsection (d)(3), if a respondent issued an automated traffic law enforcement system or automated speed enforcement system violation notice pursuant to subsection (a) fails to pay the indicated fine, or fails to request an administrative adjudication within 21 days from the date of the violation notice, a determination of liability shall be entered in the amount of the fine indicated on the notice of violation. (3) A determination of liability shall not be entered against any eligible participant paying the indicated fine under an early installment payment plan pursuant to Section 9-100-160 and rules promulgated thereunder unless the eligible participant defaults on the early installment payment plan. In the event of such a default, a determination of liability shall be entered against the eligible participant in accordance with this section. (e) Failure by any respondent to pay the fine within 25 days of issuance of a determination of liability for a violation will automatically subject the respondent to a penalty for late payment; provided that an eligible participant paying the indicated fine under an early installment payment plan pursuant to Section 9-100-160 and rules promulgated thereunder shall not be subject to the late payment, unless the eligible participant defaults on the early installment payment plan. In the event of such a default, the eligible participant shall be subject to the late payment in accordance with this section. Except as otherwise provided in this subsection, the penalty for late payment shall be an amount equal to the lesser of either (1) the amount of the fine for the relevant violation or (2) $250.00 minus the amount of the fine for the relevant violation. The penalty for late payment of the fine for violating subsection (b) or (c) of Section 9-64-125 shall be $50. (f) Where applicable, the Traffic Compliance Administrator shall serve the notice of hearing, the second notice of violation, the administrative law officer's determination, the notice of final determination of liability and the notice of impending vehicle immobilization by first class mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State of Illinois. If the vehicle is registered in a state other than Illinois, the Traffic Compliance Administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state's registry of motor vehicles. In the event a mailing sent pursuant to this section is returned as undeliverable, subsequent mailings may be sent to the address of the registered owner of the cited vehicle as recorded with the United States Postal Service. (Prior code § 27.1-5; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 2-7-97, p. 38959; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 7-9-03, p. 4349, § 3; Amend Coun. J. 7-29-03, p. 6166, § 5; Amend Coun. J. 12-7-05, p. 64870, § 1.4; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 5-8-13, p. 52770, §§ 1, 2; Amend Coun. J. 5-6-15, p. 108500, § 3; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 6; Amend Coun. J. 11-7-18, p. 88803, § 23; Amend Coun. J. 9-18-19, p. 4521, § 3; Amend Coun. J. 10-27-21, p. 40504, Art. I, § 3; Amend Coun. J. 11-7-22, p. 55595, Art. IV, § 6; Amend Coun. J. 11-15-23, p. 6700, Art. I, § 3)

Municipal Code of Chicago § 9-100-055 Requests for administrative adjudication.

9-100-055 Requests for administrative adjudication. (a) A person may request an administrative adjudication under Section 9-100-070 or 9-100-080 to contest a violation based on one or more of the applicable grounds by timely: (1) mailing the request; (2) delivering the request in-person; or (3) filing an electronic request. (b) A request shall be deemed timely if the request is filed or delivered, in the form and format prescribed in rules, to the address or electronic location, whichever is applicable, indicated on the notice and: (1) if filed by mail, the request is postmarked within seven or twenty-one days, whichever is applicable, of the notice of violation; or (2) if filed electronically or in-person, the request is electronically submitted or delivered in-person within seven or twenty-one days, whichever is applicable, of the notice of violation. (Added Coun. J. 10-28-15, p. 11951, Art. I, § 7)

Municipal Code of Chicago § 9-100-060 Grounds for contesting a violation.

9-100-060 Grounds for contesting a violation. (a) A person charged with a parking, standing or compliance violation may contest the charge through an administrative adjudication limited to one or more of the following grounds with appropriate evidence to support: (1) that the respondent was not the owner or lessee of the cited vehicle at the time of the violation; (2) that the cited vehicle or its state registration plates were stolen at the time the violation occurred; (3) that the relevant signs prohibiting or restricting parking or standing were missing or obscured; (4) that the relevant parking meter was inoperable or malfunctioned through no fault of the respondent; (5) that the facts alleged in the violation notice are inconsistent or do not support a finding that the specified regulation was violated; (6) that the illegal condition described in the compliance violation notice did not exist at the time the notice was issued; (7) that the compliance violation has been corrected prior to adjudication of the charge; provided, however, that this defense shall not be applicable to: (i) except as otherwise provided in Section 9-64-125, compliance violations involving display of the city wheel tax license emblem under Section 9-64-125; (ii) compliance violations involving motor vehicle exhaust systems under subsection (a)(2) of Section 9-76-140; (iii) compliance violations involving registration plates under subsection (a) of Section 9-76-160; (iv) compliance violations involving display of registration plates, temporary registration or temporary permits under subsection (b) of Section 9-76-160, except to the extent that 625 ILCS 5/3-821.2(b) or subsection (e) of Section 9-76-160 provides for an affirmative defense; (v) compliance violations relating to glass coverings or coating under Section 9-76-220; or (vi) compliance violations involving the use of a mobile, cellular, analog wireless or digital telephone while driving a motor vehicle under Section 9-76-230. (b) A person charged with violating Section 9-101-020 or Section 9-102-020 may contest the charge through an administrative adjudication limited to one or more of the following applicable grounds with appropriate evidence to support: (1) for violations of Section 9-101-020 that: (i) the operator of the vehicle was issued a Uniform Traffic Citation for a speeding violation occurring within one-eighth of a mile and 15 minutes of the violation that was recorded by the system; (ii) the facts alleged in the violation notice are inconsistent or do not support a finding that Section 9-12-070, 9-12-075, 9-12-077 or 9-101-020 was violated; (2) for violations of Section 9-102-020 that: (i) the operator of the vehicle was issued a Uniform Traffic Citation for a violation of Section 9-8-020(c); (ii) the operator of the vehicle passed through the intersection when the light was red either to yield the right-of-way to an emergency vehicle or as part of a funeral procession; or (iii) the facts alleged in the violation notice are inconsistent or do not support a finding that Section 9-8-020(c) was violated. (3) the violation occurred at any time during which the vehicle or its state registration plates were reported to a law enforcement agency as having been stolen and the vehicle or its plates had not been recovered by the owner at the time of the alleged violation; (4) the vehicle was leased to another and the lessor has provided the name and address of the lessee in compliance with Section 9-100-140(c); (5) the vehicle was an authorized emergency vehicle; or (6) the respondent was not the registered owner or lessee of the cited vehicle at the time of the violation. (c) Where the lessor complies with subsection (b)(4), the lessee of the vehicle at the time of the violation shall be deemed to be the owner of the leased vehicle for purpose of this chapter. The department of finance, within 30 days of being notified by the lessor of the name and address of the lessee, shall mail the lessee a citation which contains the information required under Section 9-100-045; provided that service of the violation notice shall not occur more than 210 days after the violation. (Prior code § 27.1-6; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 2-7-97, p. 38959; Amend Coun. J. 11-19-97, p. 57861; Amend Coun. J. 12-12-07, p. 16793, § 4; Amend Coun. J. 11-5-08, p. 43707, § 3; Amend Coun. J. 1-13-09, p. 52803, § 1; Amend Coun. J. 11-17-10, p. 107294, Art, I, § 1; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 5-6-15, p. 108500, § 3; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 8; Amend Coun. J. 11-9-16, p. 36313, § 1; Amend Coun. J. 11-21-17, p. 61913, § 10; Amend Coun. J. 9-18-19, p. 4521, § 3; Amend Coun. J. 10-27-21, p. 40504, Art. I, § 4)

Municipal Code of Chicago § 9-100-070 Administrative correspondence hearing - Procedure.

9-100-070 Administrative correspondence hearing - Procedure. (a) An administrative correspondence hearing to review the materials submitted by the respondent and the city shall be held by an administrative law officer appointed by the traffic compliance administrator and conducted in accordance with this section. (b) The respondent may contest a violation based on one or more of the applicable grounds by submitting a request for an administrative correspondence hearing in compliance with this chapter. The request shall include the following materials and information: the notice of violation, the full name, address and telephone number(s) of the respondent; the make, model and year of the vehicle; any documentary evidence that rebuts the charge; and a written statement signed by the respondent setting forth facts relevant to establishing a defense to the charge. A copy of any documentary evidence submitted by any party shall be accepted as the equivalent of the original document. (c) No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a violation notice, or a copy thereof, issued in accordance with Section 9-100-030, or a notice of violation issued in accordance with Section 9-100-045 shall be prima facie evidence of the correctness of the facts specified therein. (d) Upon review of the materials submitted, the administrative law officer shall enter a determination of no liability or of liability in the amount of the fine for the relevant violation as provided in Section 9-100-020. Upon issuance, such determination shall constitute a final determination for purposes of judicial review under the Administrative Review Law of Illinois. (Prior code § 27.1-7; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 9)

Municipal Code of Chicago § 9-100-080 Administrative in-person hearings - Procedure.

9-100-080 Administrative in-person hearings - Procedure. (a) The respondent may request an administrative in-person hearing to contest a violation. The administrative in-person hearing shall be held before an administrative law officer appointed by the traffic compliance administrator and conducted in accordance with this section. (b) The respondent may or, at his own expense, be represented by an attorney. An attorney who appears on behalf of any respondent shall file with the administrative law officer a written appearance on a form provided by the traffic compliance administrator for such purpose. (c) The formal and technical rules of evidence shall not apply in the conduct of the hearing. (d) All testimony shall be given under oath or affirmation, which shall be administered by the administrative law officer. The administrative law officer may issue subpoenas to secure the attendance and testimony of witnesses and the production of relevant documents; provided, however, that a respondent who appears by an attorney shall not be compelled to attend the hearing and may submit his testimony, if any, by affidavit. In addition, witnesses who have not been subpoenaed to attend the hearing may submit their testimony, if any, by affidavit. (e) No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a violation notice, or a copy thereof, issued and signed in accordance with Section 9-100-030 or a notice of violation issued in accordance with Section 9-100-045 shall be prima facie evidence of the correctness of the facts specified therein. (f) The administrative law officer may, on a showing of good cause, grant one continuance to a date certain. (g) The traffic compliance administrator shall cause a record to be made of each hearing, and recording devices may be used for such purpose. (Prior code § 27.1-8; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 10)

Municipal Code of Chicago § 9-100-090 Hearing - Determination of liability or of no liability - Petition.

9-100-090 Hearing - Determination of liability or of no liability - Petition. (a) Upon conclusion of a hearing under Section 9-100-080, the administrative law officer shall issue a determination of no liability or of liability in the amount of the fine for the relevant violation as provided in Section 9-100-020. Upon issuance, such determination shall constitute a final determination for purposes of judicial review under the Administrative Review Law of Illinois. (b) If a person fails to respond to the violation notice or any second notice of violation required by Section 9-100-050(d)(1), a determination of liability shall be entered against the respondent and shall be served upon the respondent in accordance with Section 9-100-050(f). Such determination shall become final for purposes of judicial review under the Administrative Review Law of Illinois upon the denial of, or the expiration of the time in which to file, a timely petition to set aside the determination as provided in subsection (c) of this section. (c) Within 21 days from the issuance of a determination of liability pursuant to subsection (b) herein, the person against whom the determination was entered may petition the traffic compliance administrator by appearing in-person, at the location specified in the determination, to set aside the determination; provided, however, the grounds for the petition shall be limited to: (1) the petitioner not having been the owner or lessee of the cited vehicle on the date the violation occurred; (2) the petitioner having already paid the fine or penalty for the violation in question; or (3) if the traffic compliance administrator determines that the petitioner's failure to appear was for good cause; provided that a determination of liability shall be set aside at any time if the person establishes that the petitioner was not provided with proper service of process. The petitioner shall appear with appropriate evidence so that if the petition is granted, he is prepared to proceed immediately with a hearing on the merits. (Prior code § 27.1-9; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 5-6-15, p. 108500, § 3; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 11)

Municipal Code of Chicago § 9-100-100 Notice of final determination.

9-100-100 Notice of final determination. (a) If any fine or penalty is owing and unpaid after a determination of liability under this chapter has become final and the respondent has exhausted or failed to exhaust judicial procedures for review, the Traffic Compliance Administrator shall cause a notice of final determination of liability to be sent to the respondent in accordance with Section 9-100-050(f); provided that the Traffic Compliance Administrator shall not send a notice of final determination to an eligible participant paying the indicated fine under an early installment payment plan pursuant to Section 9-100-160 and rules promulgated thereunder, unless the eligible participant defaults on the early installment payment plan. In the event of a default, the Traffic Compliance Administrator shall send a notice of final determination to the eligible participant in accordance with this section. (b) Any fine and penalty, if applicable, remaining unpaid after the notice of final determination of liability is sent shall constitute a debt due and owing the City which may be enforced in the manner set forth in Section 2-14-103 of this Code. Failure of the respondent to pay such fine or penalty within 14 days of the date of the notice may result in, if applicable, the immobilization of the person’s vehicle for failure to pay fines or penalties pursuant to Section 9-100-120. (Prior code § 27.1-10; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J.. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 7-30-97, p. 49902; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 7-31-02, p. 90675, § 2; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 7; Amend Coun. J. 9-18-19, p. 4521, § 3; Amend Coun. J. 10-27-21, p. 40504, Art. I, § 5; Amend Coun. J. 11-15-23, p. 6700, Art. I, § 4)

Municipal Code of Chicago § 9-100-110 Liability of City employees for certain violations.

9-100-110 Liability of City employees for certain violations. (a) A City officer or employee shall be held personally liable for all amounts, including all fines, related collection costs and attorney’s fees, due for final determinations of automated speed enforcement, automated traffic law enforcement, parking and standing violation notices served either upon City vehicles assigned to the officer’s or employee’s possession or use or upon the officer’s or employee’s personally owned automobile authorized to be used in the performance of the officer’s or employee’s official duties unless: (1) The officer or employee certifies by a paper or electronic process established by the Department of Finance that the vehicle was in use for the performance of official City business during an emergency or during an official investigation where complying with the applicable parking or standing regulation would impede the investigation at the time of the alleged violation; (2) The head of the respective City department, agency or office concludes that the statements contained in the certificate are accurate, and recommends to the Traffic Compliance Administrator that the liability for the alleged violation be released; and (3) The Traffic Compliance Administrator approves the release of such officer or employee from personal liability for the alleged violation. If the Traffic Compliance Administrator approves the release of personal liability for the alleged violation, the violation notice shall be withdrawn. The Traffic Compliance Administrator shall submit quarterly reports to the City Council, detailing by department, agency or office, the number and nature of approved releases from personal liability for parking violation notices served upon City vehicles and privately owned vehicles authorized to be used in the performance of official City business. To expedite enforcement of this section, where the registered owner or lessee of a vehicle served with a violation notice is the City, the Traffic Compliance Administrator shall notify the department, agency or office to which the vehicle is assigned. (b) It shall not be a defense to a compliance violation involving the personal vehicle of an officer or employee of the City that the officer or employee was using the vehicle for official government business at the time of the alleged violation. A compliance violation issued pursuant to Section 9-64-125 or 9-76-160 involving a City-owned or leased vehicle may be withdrawn pursuant to this section, if: (1) The officer or employee possessing or using the vehicle at the time of the alleged violation certifies that the vehicle was in use for the performance of official City business during an emergency or during an official investigation at the time of the alleged violation; (2) The head of the respective City department, agency or office concludes that the statements contained in the certificate are accurate, and recommends to the Traffic Compliance Administrator that the liability for the alleged violation be released; and (3) The Traffic Compliance Administrator approves the release of liability for the alleged violation. If the Traffic Compliance Administrator approves the release of liability for the alleged violation, the compliance violation notice shall be withdrawn. The Traffic Compliance Administrator shall submit quarterly reports to the City Council, detailing by department, agency or office, the number and nature of approved releases from liability for compliance violation notices served upon City vehicles used in the performance of official City business. (Prior code § 27.1-11; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 11-28-90, p. 26194; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 10; Amend Coun. J. 11-15-23, p. 6700, Art. V, § 1)

Municipal Code of Chicago § 9-100-111 Officers and employees of law enforcement agencies.

9-100-111 Officers and employees of law enforcement agencies. (a) Officers and employees of law enforcement agencies may request a release of liability for the alleged parking, standing, automated speed enforcement, or automated traffic law enforcement violation subject to the following conditions: (1) The officer or employee certifies that the vehicle was in use for the performance of official government or business during an emergency or during an official investigation where complying with the applicable parking or standing regulation would impede the investigation at the time of the alleged violation; (2) The head of the respective government agency, or a designee chosen by such person concludes that the statements contained in the certificate are accurate and submits a written request to the Traffic Compliance Administrator that the liability for the alleged violation be released; and (3) The Traffic Compliance Administrator approves the release of liability for the alleged violation. If the Traffic Compliance Administrator approves the release of personal liability for the alleged violation, the violation notice shall be withdrawn. The Traffic Compliance Administrator shall submit quarterly reports to the City Council, detailing by department, agency or office, the number and nature of approved releases from personal liability for parking violation notices served upon City vehicles and privately owned vehicles authorized to be used in the performance of official City business. To expedite enforcement of this section, where the registered owner or lessee of a vehicle served with a violation notice is the City of Chicago, the Traffic Compliance Administrator shall notify the department, agency or office to which the vehicle is assigned. (b) A compliance violation issued pursuant to Section 9-64-125 or 9-76-160 involving a vehicle owned or leased by a law enforcement agency may be withdrawn pursuant to this section, if: (1) The officer or employee possessing or using the vehicle at the time of the alleged violation certifies that the vehicle was in use for the performance of official government business during an emergency or during an official investigation at the time of the alleged violation; (2) The head of the respective government agency, or a designee, chosen by such person concludes that the statements contained in the certificate are accurate and submits a written request to the Traffic Compliance Administrator that the liability for the alleged violation be released; and (3) The Traffic Compliance Administrator approves the release of liability for the alleged violation. If the Traffic Compliance Administrator approves the release of liability for the alleged violation, the violation notice shall be withdrawn. The Traffic Compliance Administrator shall submit quarterly reports to the City Council, detailing by department, agency or office, the number and nature of approved releases from liability for compliance violation notices served upon City vehicles used in the performance of official City business. For the purposes of this section “law enforcement agency” means an agency that is vested by federal, state or local law or ordinance with police powers. (Added Coun. J. 11-28-90, p. 26194; 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 11; Amend Coun. J. 11-15-23, p. 6700, Art. V, § 1)

Municipal Code of Chicago § 9-100-120 Immobilization program.

9-100-120 Immobilization program. (a) The traffic compliance administrator is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the parking, standing, compliance, automated traffic law enforcement system, or automated speed enforcement system ordinances of the traffic code. The program of vehicle immobilization shall provide for immobilizing any eligible vehicle located on the public way or any city-owned property by placement of a restraint in such a manner as to prevent its operation or if the eligible vehicle is parked or left in violation of any provision of the traffic code for which such vehicle is subject to an immediate tow pursuant to Section 9-92-030, or in any place where it constitutes an obstruction or hazard, or where it impedes city workers during such operations as snow removal, the traffic compliance administrator may cause the eligible vehicle to be towed to a city vehicle pound or relocated to a legal parking place and there restrained. As part of the immobilization program, the traffic compliance administrator may also establish a procedure for a self-release immobilization device which may be removed by the registered owner, or his designee, in compliance with any applicable rule promulgated by the traffic compliance administrator. (b) When the registered owner of a vehicle has accumulated (i) three or more final determinations of liability or (ii) two final determinations which are more than one year past the date of issuance, for parking, standing, compliance, automated traffic law enforcement system, or automated speed enforcement system violation, or a violation of Section 9-105-020, in any combination, for which the fines, penalties, administrative fees provided pursuant to Section 9-100-160, if any, or related collection costs and attorney’s fees pursuant to Section 1-19-020 or Section 1-19-030, if applicable, have not been paid in full, the traffic compliance administrator shall cause a notice of impending vehicle immobilization to be sent, in accordance with Section 9-100-050(f). The notice of impending vehicle immobilization shall state the name and address of the registered owner, the state registration number of the vehicle or vehicles registered to such owner, and the serial numbers of parking, standing, compliance, automated traffic law enforcement system or automated speed enforcement system violation notices which have resulted in final determination of liability or which are more than one year past the date of issuance for which the fines or penalties remain unpaid. Failure to pay the fines and penalties owed within 21 days from the date of the notice will result in the inclusion of the state registration number of the vehicle or vehicles of such owner on an immobilization list. A person may challenge the validity of the notice of impending vehicle immobilization by requesting a hearing and appearing in-person to submit evidence which would conclusively disprove liability within 21 days of the date of the notice. Documentary evidence which would conclusively disprove liability shall be based on the following grounds: (1) That all fines and penalties for the violations cited in the notice have been paid in full; (2) That the registered owner has not accumulated three or more final determinations, or two notices which are more than one year past the date of issuance, of parking, standing, compliance, automated speed enforcement system violation, or automated traffic law enforcement system violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued; or (3) In the case of a violation of Section 9-102-020, Section 9-101-020, or Section 9-105-020, that the registered owner has not been issued a final determination of liability under Section 9-100-100 or Section 9-105-060. (c) Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous space. Such notice shall (i) warn that the vehicle is immobilized and that any attempt to remove the vehicle may result in its damage; (ii) state that the unauthorized removal of or damage to the immobilizing device is a violation of Sections 16-1 and 21-1 of the Illinois Criminal Code; (iii) provide information specifying how release of the immobilizing device may be had; (iv) state how the registered owner may obtain an immobilization hearing; (v) state that if the immobilizing device has not been released within 24 hours of its placement, the device shall be released and the vehicle towed and impounded; (vi) provide information specifying how the registered owner may request an additional compliance time, as provided in rules, in addition to the 24 hours specified in (c)(v) of this section, before the immobilizing device is removed and the vehicle is towed and impounded; and (vii) provide information specifying how the registered owner may request an additional 15 days to retrieve his vehicle if impounded. (d) (1) The owner of an immobilized vehicle, or other person authorized by agreement with the owner or by operation of law to retrieve the vehicle, may secure the release of the vehicle by: (i) entering into an installment payment plan pursuant to Section 9-100-160 and the rules promulgated thereunder; or (ii) by participating in the Clear Path Relief Program pursuant to Section 9-100-170 and rules promulgated thereunder. (2) Except as otherwise provided in subsection (d)(1), the owner of an immobilized vehicle or other authorized person may secure the release of the vehicle by paying the applicable immobilization, towing and storage fees, and all amounts, including any fines, penalties, administrative fees provided pursuant to Section 9-100-160, if any, and related collection costs and attorney’s fees pursuant to Section 1-19-020 or Section 1-19-030, remaining due on each final determination for liability issued to the owner. (e) The owner of an immobilized vehicle shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous, if the owner files a written request for a hearing with the traffic compliance administrator within 21 days after immobilization or within 21 days of the date of the notice sent pursuant to subsection (f) herein, whichever is later. Hearings requested pursuant to this subsection shall be conducted by an administrative law officer upon receipt of a written request for a hearing. The determination of the administrative law officer regarding the validity of the immobilization shall become final for the purpose of judicial review under the Administrative Review Law of Illinois upon issuance. (f) Within ten days after a vehicle has been impounded, a notice of impoundment shall be sent by certified mail to the address of the registered owner as listed with the Secretary of State, and to any lienholder of record. The notice shall state that: (i) the owner has the right to request a post-immobilization and post-towing hearing as provided in subsection (e) herein; and (ii) if the vehicle is not claimed within 21 days from the date of notice, the vehicle may be sold or otherwise disposed of in the manner prescribed by Section 4-208 of the Illinois Vehicle Code; provided, however, that the registered owner may request from the department of streets and sanitation one extension of 15 days before a vehicle is sold or otherwise disposed of. The department of streets and sanitation shall honor such a request and shall not sell or otherwise dispose of a vehicle during the 15-day extension period. (g) The fee for immobilization shall be $400.00 for a truck tractor, semi-trailer or trailer, and $100.00 for any other type of vehicle, and the fee for towing subsequent to immobilization shall be as set forth in Section 9-92-080(b), provided that no fees shall be assessed for any immobilization or tow which has been determined to be erroneous. (h) (1) It is unlawful to remove, disable or damage any vehicle immobilization device, or to relocate or tow any vehicle restrained by an immobilization device without the approval of the traffic compliance administrator. The registered owner of the immobilized vehicle and any person who relocates an immobilized vehicle or removes, disables or damages an immobilization device in violation of this subsection shall each be subject to a penalty of $1,000.00 for such violation for a truck tractor, semitrailer or trailer, and $750.00 for such violation for any other type of vehicle. (2) The owner of the immobilized vehicle and any person authorized by the traffic compliance administrator to remove any self-release immobilization device who fails to return such device to a location designated by the traffic compliance administrator within seven days shall be fined $50.00 for each day the person fails to return such device; provided that the total fine under this subsection shall not exceed $1,000 if the vehicle immobilized was a truck tractor, semitrailer or trailer, and $750.00 for any other type of vehicle. (3) No person shall be found liable for violating both subsections (h)(1) and (h)(2) for the same incident. (4) The offenses described in this subsection (h) shall be strict liability offenses as to the owner. (i) Notwithstanding any other provision of this section, no impounded vehicle shall be released and operated on the public ways of the city without a current state registration plate registered to the impounded vehicle and unless the vehicle is covered by a liability insurance policy. In addition, if an impounded vehicle is required to be licensed under Chapter 3-56 of this Code, no such vehicle shall be released without a valid City of Chicago wheel tax license emblem. The owner of an impounded rental or commercial motor vehicle may meet the wheel tax license emblem requirement of this subsection by presenting proof of ownership of the impounded rental or commercial motor vehicle and a receipt issued by the office of the city clerk showing that the owner has purchased wheel tax license emblems for the owner's rental or commercial motor vehicles in accordance with Chapter 3-56 of this Code. (j) Any vehicle immobilized by the City or its designee shall be subject to a possessory lien in favor of the City in the amount required to obtain release of the vehicle. (Prior code § 27.1-12; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Corrected. 12-15-93, p. 44286; Amend Coun. J. 11-10-94, p. 59125; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 12-12-01, p. 75777, § 5.12; Amend Coun. J. 7-31-02, p. 90675, § 3; Amend Coun. J. 7-9-03, p. 4349, § 4; Amend Coun. J. 7-29-03, p. 6166, § 6; Amend Coun. J. 12-15-04, p. 40508, § 2; Amend Coun. J. 7-30-08, p. 34899, § 1; Amend Coun. J. 11-19-08, p. 48243, Art. II, § 3; Amend Coun. J. 11-17-10, p. 106597, Art. III, § 1; Amend Coun. J. 7-28-11, p. 5048, § 2; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 12; Amend Coun. J. 6-28-17, p. 51163, § 1; Amend Coun. J. 9-18-19, p. 4521, § 3; Amend Coun. J. 10-27-21, p. 40504, Art. I, § 6; Amend Coun. J. 11-15-23, p. 6700, Art. I, § 5)

Municipal Code of Chicago § 9-100-140 Lessor of vehicle not liable for violations - When.

9-100-140 Lessor of vehicle not liable for violations - When. (a) In accordance with Section 11-1306 of the Illinois Vehicle Code, no person who is the lessor of a vehicle pursuant to a written lease agreement shall be liable for a violation of any standing or parking regulation of this chapter involving such vehicle during the period of the lease if upon receipt of a notice of violation sent within 120 days of the violation he shall, within 60 days thereafter, provide to the city traffic compliance administrator the name and address of the lessee. (b) Upon receipt of a lessor's notification of the name and address of his lessee, provided pursuant to Sections 11-1305 or 11-1306 of the Illinois Vehicle Code, the city traffic compliance administrator shall cause a notice of violation to be sent to the lessee as provided for in Section 9-100-050(d). (c) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for a violation of Section 9-101-020(a) or Section 9-102-020(a) during the period of the lease; provided that upon request from the department of finance received within 120 days after the violation occurred, the lessor provides within 60 days after the receipt the name and address of the lessee. Upon receipt of the information from the lessor, the lessee shall be issued a notice of violation pursuant to section 9-100-045. Any lessor who fails to provide the lessee's name and address after requested by the department of finance pursuant to this section shall be liable for the violation. (Prior code § 27.1-14; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 4-18-12, p. 23762, § 4)

Municipal Code of Chicago § 9-100-150 Owner of vehicle not liable for violations when in custody of valet.

9-100-150 Owner of vehicle not liable for violations when in custody of valet. No owner of a vehicle shall be liable for any parking, standing, compliance, automated traffic law enforcement system, or automated speed enforcement system violation involving such vehicle during the period that such vehicle was in the custody of a valet parking service, if upon receipt of a notice of violation sent within 120 days of the violation he shall, within 60 days thereafter, provide to the Traffic Compliance Administrator the valet parking receipt required by Section 4-232-080(d) of this Code or a clearly legible copy thereof. (Added Coun. J. 10-28-97, p. 54834; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 13; Amend Coun. J. 11-7-18, p. 88803, § 25)

Municipal Code of Chicago § 9-100-160 Installment payment plans.

9-100-160 Installment payment plans. (a) For purposes of this section, the following definitions apply: "Administrator" means the City’s Traffic Compliance Administrator. "Administrative fee" means the fee charged related to the expenses and time incurred by the City or its agents to administer or monitor a vehicle owner’s installment payment plan; provided that the term "administrative fee" shall not include any collection cost, as that term is defined in Section 1-19-010, or attorney’s fees. "Bifurcation date" means a date determined by the Administrator not less than three years prior to the date the eligible bankruptcy debtor filed a case under the United States Bankruptcy Code which resulted or may result in granting a bankruptcy discharge to an eligible bankruptcy debtor. "Debtor" means any person that owes the City an eligible debt. "Default" means the non-payment or underpayment of a monthly amount due from a participant under any installment payment plan. "Eligible bankruptcy debtor" means a person who is a debtor in a pending case under Chapter 7 of the United States Bankruptcy Code, or who has received a discharge in such a case. "Eligible debt" means all fines, fees, and penalties that result from: (i) violations of parking, standing, compliance, automated speed enforcement, and automated traffic law enforcement ordinances on which a notice of final determination for such violations have been issued; (ii) the immobilization, impoundment, towing, and storage of vehicles; or (iii) collection costs or attorney’s fees charged pursuant to Section 1-19-020 or 1-19-030. "Eligible participant" means a person who was issued a notice: (i) under Section 9-100-030 or a second notice for a parking, standing or compliance violation under Section 9-100-050(d)(1); or (ii) under Section 9-100-045 for an automated speed enforcement system or automated traffic law enforcement system violation, but has not been issued a notice of final determination for such violation. "Eligible violation" means a parking, standing, compliance, or automated speed enforcement system or automated traffic law enforcement system violation. "Qualifying hardship participant" means an individual who: (i) has a household income of 300 percent or less than the Federal Poverty Level; or (ii) is experiencing a financial emergency or financial uncertainty as these terms are defined in rules promulgated by the Administrator. (b) The Administrator may establish installment payment plans to pay for eligible violations or eligible debts, including the following plans: (1) Early Installment Payment Plan. A payment plan may be established for the payment of eligible violation fines by eligible participants. In the event an eligible participant defaults on an early installment payment plan, the Administrator shall, no earlier than 25 days after the default, issue a determination of liability or a notice of final determination, whichever is applicable, in accordance with this chapter. Upon defaulting on an early installment payment plan, the eligible participant shall not be eligible to enter into an early installment payment plan for any violation which was under the early installment payment plan. (2) Standard Installment Payment Plan. A payment plan may be established for the payment of eligible debts by a debtor. If the vehicle owner fails to make all required payments in a timely manner, the vehicle owner’s motor vehicle shall be subject to immobilization or impoundment, or the vehicle owner’s driver’s license may be subject to suspension pursuant to Section 5/6-306.5 of the Illinois Vehicle Code, if applicable, and the vehicle owner shall be liable for the outstanding balance plus an additional penalty of $100.00. (3) Hardship Installment Payment Plan. A payment plan may be established for the payment of eligible violations or eligible debts by a qualifying hardship participant. A qualifying hardship participant shall not be subject to administrative fees to participate in a hardship payment plan or to any default fees. (4) Fresh Start Installment Payment Plan. The Administrator may establish installment payment plans for eligible bankruptcy debtors. Under such plans the eligible bankruptcy debtor will only be required to pay the fines incurred after the eligible bankruptcy debtor’s bifurcation date. Once the eligible bankruptcy debtor successfully completes such plan and has received a bankruptcy discharge under 11 U.S.C. § 727, the City may waive any penalties and fees associated with the fines paid under the installment payment plan. In addition, the City may waive all eligible debt that the eligible bankruptcy debtor incurred prior to the bifurcation date. This subsection (b)(4) shall not be construed to require repayment of any debt discharged in a case under the United States Bankruptcy Code. (c) The Administrator may charge payment installment plan participants an administrative fee. (d) The Administrator is authorized to promulgate rules for the proper administration and enforcement of this section. The rules, among other things, may provide for: (i) the duration, down payment amount and the manner of payment for each installment payment plan or categories created under such plan; (ii) criteria for showing a qualifying hardship participant’s status; (iii) the content and form of each payment installment plan or categories created under such plan; (iv) objective criteria for waiving administrative fees for participating in any payment installment plan. (e) Upon entering into a payment installment plan and payment of the initial installment required by such plan, and as long as the vehicle owner is in compliance with the plan, the vehicle owner’s vehicles shall not be subject to immobilization and impoundment for failure to pay the fines and penalties described in the payment installment plan. (Added Coun. J. 9-18-19, p. 4521, § 4)

Municipal Code of Chicago § 9-100-170 Clear Path Relief Program.

9-100-170 Clear Path Relief Program. (a) Definitions. For purposes of this section, the following definitions apply: "Administrator" means the City's Traffic Compliance Administrator. "Base fine amount" means a fine amount assessed for a violation without including a penalty for late payment or other associated fees. "Debt" means: (i) all fines, fees, and penalties that result from violations of parking, standing, compliance, automated speed enforcement, and automated traffic law enforcement ordinances as to which a notice of final determination for such violations have been issued, except for a violation of Section 9-64-190; (ii) fees that result from the immobilization, impoundment, towing, and storage of vehicles, except for impounded vehicle release fees; or (iii) collection costs or attorney's fees charged pursuant to Section 1-19-020 or Section 1-19-030. “Default” means the non-payment or underpayment of a monthly amount due from an eligible participant. “Eligible participant” means: (i) any individual who has a household income of 300 percent or less than the Federal Poverty Level, and who meets the eligibility requirements provided by rule; (ii) any individual who is currently enrolled in the City’s utility billing relief program provided in Section 11-12-545 of the Code; or (iii) any individual who is currently enrolled in the City’s administrative debt relief program established under Article XVII of Chapter 2-32 of the Code. “Impounded vehicle release fees” means the towing, storage, boot, vehicle immobilization device tampering fee pursuant to Section 9-100-120(h), and returned check fees associated with the release of an impounded vehicle to an eligible participant. The term “impounded vehicle release fees” does not include the towing, storage, boot, and returned check fees associated with impounded vehicles that cannot be released to an eligible participant or which have been disposed of in accordance with applicable law. “Look-back period” means a three-year period immediately prior to an eligible participant’s enrollment in the program. “Payment period” means: (i) a 24-month period from the time an eligible participant is approved and enrolled in the program; or (ii) a 24-month period from the time an eligible participant continued to participate in the program after a first or second default. “Program” means the City’s Clear Path Relief Program established pursuant to this section. “Violation” means a parking, standing, compliance, or automated speed enforcement system or automated traffic law enforcement system violation, except for a violation of Section 9-64-190. (b) Program created. The Administrator is authorized to establish income-based debt waiver, fine waiver and penalty waiver program known as the Clear Path Relief Program as provided in this section and rules promulgated hereunder. The program is intended to reduce debt burden on eligible participants. (c) Income-based debt waiver. Notwithstanding any other provision of this Code to the contrary, an eligible participant who has paid, at once or through an installment payment plan, the base fine amounts, and any associated impounded vehicle release fees, for all violations that occurred during a look-back period by the end of the payment period shall have all debts that the eligible participant owes to the City that resulted from any violation that occurred prior to the look-back period waived. An eligible participant who defaults for a first or second time during the program may be eligible to continue in the program in accordance with rules adopted by the Administrator. Provided, however, if the eligible participant defaults for a third time during the program or becomes ineligible for the program, as determined by the Administrator, all unpaid debts that the eligible participant owed to the City, including debt that would have been waived pursuant to this subsection, shall be reinstated and shall be debts owed to the City by the formerly eligible participant. An eligible participant may only be granted relief under this section for one approved application. (d) Rules. The Administrator is authorized to promulgate rules for the proper administration and enforcement of this section and for the regulation of individuals that may apply to participate in the program. The rules, among other things, may provide for: (i) the duration, down payment amounts, payment amounts and the manner of payment for the payment plans created or unutilized under the program; (ii) eligibility requirements, consistent with this section, to participate in the program, including, but not limited to, compliance with application, income verification and change of status reporting requirements; and (iii) requirements, consistent with this section, to determine ineligibility for the program, including, but not limited to, exceeding the income threshold for the program, failure to maintain eligibility status to continue participating in the City’s utility billing relief program, and failure to meet change of status reporting requirements. (e) Down payments. Any down payment that the eligible participant is required to pay to participate in the program shall be credited towards the payment of fine amounts owed that are part of the program. (f) Property interest. The program is created in the City’s sole discretion, and participation in the program and any benefits that result from the program are not intended to create a property interest in any eligible participant or in any individual eligible for the program. (Added Coun. J. 10-27-21, p. 40504, Art. I, § 7; Amend Coun. J. 11-15-23, p. 6700, Art. I, § 6)
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2647499Fetched: 10/24/2026

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