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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.