Libertyville sets appeal process for red light tickets

They are in test mode now, but in a few weeks, Libertyville's red light cameras will be on active duty.

That means motorists who blow through red traffic signals at selected intersections can expect to get a ticket in the mail. And if they want to fight the findings, there will be a process in place.

The village board on Tuesday established an "administrative adjudication" process that also will deal with traffic tickets and minor code violations, such as tall weeds, for example.

State law allows communities to use this type of system to deal with civil offenses that carry fines up to $500, require completion of a traffic education program or both.

A firm starting date is to be set, but the administrative hearings, to be overseen by retired 19th Circuit Judge Henry Tonigan, will be held the first and third Wednesdays of the month.

Tonigan also presides over similar hearings in Gurnee, Hawthorn Woods and Kildeer and has expertise in red light cameras and municipal and building code violations. The charge to the village will be $170 per hour.

"Number one is the red light cameras," Mayor Terry Weppler said of the decision to establish the new system.

Cameras have been installed at Milwaukee Avenue and North Artaius Parkway, Milwaukee Avenue and Peterson Road, Peterson and Butterfield roads and Peterson Road and Route 45. A test and warning period is in progress.

The ticketing process involves three steps, according to Acting Police Chief Robert Koval.

First, tickets are reviewed by Gatso-USA, the company that provided the cameras and equipment.

Incidents determined to be possible violations will be forwarded to the Libertyville Police Department, where one of a rotating pool of police officers will review them.

If approved by local police, the information is sent back to the company, which mails a ticket to the registered owner of the vehicle.

The review involves three still photos and a 30-second video, which also will be available to those who are ticketed.

"There's no secrets," Koval said. "Everyone sees the same pictures."

The owner or lessee can contest the merits of the ticket and ask for a hearing. Tonigan can administer oaths and subpoena witnesses. People appearing at the hearing can bring a lawyer.

Red light cameras have become controversial. Opponents say towns use them as a revenue source, but supporters counter they are used for safety and to reduce accidents.

Libertyville officials have vowed not to use the red light cameras to ticket for right turn on red violations.

Nonetheless, more than $473,000 in net revenue from red light cameras is included in Libertyville's proposed 2010-11 budget, which is regarded as a conservative estimate.

Fines for red light violations are $100 each, with $30 going to Gatso.