home *** CD-ROM | disk | FTP | other *** search
- FEBRUARY 1990
-
-
- THE ADMINISTRATIVE WARNING TICKET PROGRAM
-
- By
-
- Lt. Andrew J. Barto
- Village of Romeoville Police Department
- Romeoville, IL
-
-
- Overcrowded courtrooms, excessive court time for police
- officers, and citizens spending long hours in court are not new
- problems for the judicial system. Many courtrooms are filled
- beyond capacity, which unfortunately results in many cases not
- being prosecuted. However, the Village of Romeoville, IL, a
- suburban community of Chicago, implemented an Administrative
- Warning Ticket (AWT) Program to alleviate these problems.
-
- THE PROGRAM
-
- The AWT program was designed to administratively process
- minor ordinance violations, such as licensing and equipment
- violations, with the intent of obtaining compliance without the
- matter entering the court system. The unique feature of the
- program requires the defendant to pay an administrative fine or
- ticket designed to recover a portion of the administrative
- expense of the program. (1) These ``hang on'' or ``P'' tickets, as
- they are more commonly called, have been used by a number of
- communities, particularly in Cook County, IL.
-
- The authority for the AWT program is derived from Chapter
- 24, Section 1-2-8 of the Illinois Revised Statutes (1985), which
- states that ``fines, penalties, and forfeitures for the
- violation of ordinances...shall be paid...at such times and in
- such manner as may be prescribed by ordinance.'' (2) The
- procedure of the ``hang on'' or ``P'' ticket is set by ordinance.
- These tickets are written solely for minor offenses, such as
- parking tickets, village stickers and minor equipment violations.
- While Chapter 24, Section 1101-1, Illinois Revised Statutes
- (1985) provides that ``each municipality may pass and enforce all
- necessary police ordinances,'' case law has repeatedly held that
- this section grants municipalities no additional powers other
- than those delegated under other provisions of the statutes. (3)
-
- IN PRACTICE
-
- Once an officer has observed a minor ordinance violation,
- which has been adopted by the Village Board for the AWT program,
- that officer has the option to issue a State uniform traffic
- citation or the AWT. In many cases the officer chooses the
- latter.
-
- The AWT is a four-part citation. At the time of the
- offense, the officer will issue the violator two copies the first
- page and the fourth page. The fourth page is an envelope in
- which the violator can mail/bring in the fine money. The second
- and third pages of the ticket are the issuing department's
- copies. The third page also becomes the final notice reminder if
- the fine has not been paid within the first 10 days.
-
- At the time of issuance, the officer will also explain the
- violation and issue the proper copies. The violator will then
- have 10 days from the date of issuance to pay the fine, and in
- some cases, repair or comply. Repair and comply is an additional
- requirement in which the violator must repair/remedy the
- violation and show proof at the police station. Violators who
- reside outside the village may have their local police department
- inspect the violation and forward the proof of compliance to the
- Romeoville Police Department.
-
- If the penalty has not been paid within the first 10 days,
- the violator will be sent the final notice stating that the fine
- has been increased to $25. If payment is not made within 20
- additional days from the original issue date, a criminal
- complaint will be signed and a court appearance will be
- mandatory. If payment is received, but the violator has not
- complied, the person shall be cited the second time with a State
- uniform traffic citation. Repeat offenders, however, are cited
- on State uniform traffic citations and not the AWT ticket.
-
- The fines are paid at the village hall or the night
- depository located within the police department. Upon receipt,
- village hall personnel will then note that the fine has been paid
- and direct it to the originating department. The originating
- department will then use this to close its file. If 30 days have
- passed and the fine has not been paid, the AWT will be voided and
- kept as evidence. A criminal complaint will then be signed, and
- a notice to appear in court mailed to the violator.
-
- THE BENEFITS
-
- In essence, tickets issued under this program are a
- courtesy. Violators are almost eager to dispose of the matter by
- paying the fine, which is significantly less than what would
- ordinarily be due on a State uniform traffic citation. (4)
- Recipients also realize that the AWT does not result in a mark
- against their driver's license record, thereby providing another
- incentive to ensure quick compliance and settlement of the
- matter.
-
- Another benefit of the program is that offenders, who can
- show compliance at the station, do not need to post bond or take
- time off to appear in court. The AWT system also encourages
- greater compliance of equipment and licensing ordinances than the
- traditional type of written warning ticket.
-
- Because the number of minor violations appearing on the
- court docket is reduced, a larger portion of the court's time is
- spent dealing with more serious violations. The amount of
- paperwork handled by court clerks is reduced because they are no
- longer required to process what was previously a substantial
- number of minor ordinance violations. And, personnel who would
- otherwise be involved in court preparation and appearances are
- able to perform other duties. However, the most notable benefit
- for the police department has been a significant reduction of
- officer's court time compensation. This equates monetarily to
- thousands of dollars saved each fiscal year.
-
- THE RESULTS
-
- From February 1, 1988, through May 31, 1988, the fines
- collected reflected a voluntary compliance rate between 75 and 80
- percent. March indicated a higher number of tickets as this was
- the first month of intensive enforcement. April and May tickets
- were possibly more realistic as the community made an effort to
- comply without further action. An increase was expected during
- the summer due to increased traffic, and because road monitoring
- for expired village vehicle stickers began in July. As of May
- 31, 1988, a total of 594 tickets were issued and $5,440 in fines
- were collected. (5)
-
- Three departments are involved in the program--police, fire,
- and code enforcement. Both the chief of police and code
- enforcement officer have agreed that the 80- to 90-percent
- compliance estimates have exceeded their original expectations.
-
- Administratively, the program has worked smoothly, with
- very few problems. The village police department has had few
- complaints from residents, and most seem to appreciate the
- opportunity to take care of the problem locally without a court
- appearance.
-
- CONCLUSION
-
- Overall, the program has been a success. Various savings
- have been realized on the part of both the court and the village.
- Not to be overlooked is the positive effect the program has had
- on community relations between the police department and local
- citizens. The program has also enhanced driver safety and
- awareness of traffic regulations. The AWT program has had a
- decidedly favorable effect on the Village of Romeoville, the
- circuit court of Will County, IL, and the residents of
- Romeoville.
-
-
- FOOTNOTES
-
- (1) Sonya A. Crawshaw, History of the Warning Ticket, 1984.
-
- (2) Illinois Revised Statutes, Cities and Villages, Chapter 24,
- Section 1-2-8, 1985.
-
- (3) Illinois Revised Statutes, Cities and Villages, Chapter 24,
- Section 1101, 1985.
-
- (4) Binninger, Dawson, Sauer, ``The P.W. Story,'' Illinois
- Municipal Review, 1984.
-
- (5) Andrew J. Barto, Review of the AWT Program, 1988.