(A) Authority to designate handicapped parking spaces and to erect handicapped parking signs. The Village President is authorized to designate parking spaces reserved for handicapped persons and to direct appropriate village employees to erect an official sign, pursuant to ILCS Ch. 625, Act 5, § 11-301, designating such parking space as a handicapped parking space. The Village President or his or her designee shall maintain a list of all handicapped parking spaces in the village which list shall be made available to the public. It shall be no defense to any person cited for parking in a handicapped parking space in violation of this subchapter that the list of parking spaces maintained by the Village President does not reflect the reservation of a parking space for handicapped persons, as long as a reasonable person would be made aware by the handicapped parking sign or notice on or near the parking place that the place is reserved for a person with disabilities.
(Am. Ord. 01-35, passed 10-10-01)
(B) Unauthorized use of parking spaces.
(1) (a) It shall be prohibited to park any motor vehicle which is not properly displaying registration plates or decals issued to a person with disabilities, as defined by § 70.01, pursuant to ILCS Ch. 625, Act 5, §§ 3-616, 11-1301.1, or 11-1301.2, or to a disabled veteran pursuant to ILCS Ch. 625, Act 5, § 3-609, as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran, in any parking place, including any private or public off-street parking facility, specifically reserved, by the posting of an official sign as designated under ILCS Ch. 625, Act 5, § 11-301, for motor vehicles displaying such registration plates. It shall be prohibited to park any motor vehicle in a designated access aisle adjacent to any parking place specifically reserved for persons with disabilities, by the posting of an official sign as designated under ILCS Ch. 625, Act 5, § 11-301, for motor vehicles displaying such registration plates. When using the parking privileges for persons with disabilities, the parking decal or device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view. Any motor vehicle properly displaying a disability license plate or a parking decal or device containing the international symbol of access issued to persons with disabilities by any local authority, state, district, territory, or foreign country shall be recognized as a valid license plate or device and receive the same parking privileges as residents of the village. In no event shall any person be permitted to park in a designated handicapped parking space for a period of greater than 60 minutes in any two-hour period unless otherwise permitted by village-installed signage.
(b) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under ILCS Ch. 625, Act 5, §§ 3-616, 11-1301.1, or 11-1301.2 or to a disabled veteran under ILCS Ch. 625, Act 5, § 3-609 is in violation of this section if:
1. The person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location; and
2. The person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under state law.
(2) Any person or local authority owning or operating any public or private off-street parking facility may, after notifying the Police Department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by a person with disabilities which does not display person with disabilities registration plates or a special decal or device as required under this section.
(3) Any person found guilty of violating the provisions of division (B)(1)(a) of this section shall be fined as set forth in § 72.99 in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized under this section. The village shall display signs indicating the fine imposed, and if the amount of the fine is subsequently changed, the village shall change the sign to indicate the current amount of the fine. It shall not be a defense to a charge under this section that either the sign posted pursuant to this section or the intended accessible parking place does not comply with the technical requirements of ILCS Ch. 625, Act 5, § 11-1301, Department regulations, or local ordinance if a reasonable person would be made aware by the sign or notice on or near the parking space that the place is reserved for a person with disabilities.
(4) As used in this section, AUTHORIZED HOLDER means an individual issued a disability license plate under ILCS Ch. 625, Act 5, § 3-616, an individual issued a parking decal or device under ILCS Ch. 625, Act 5, § 11-1301.2, or an individual issued a disabled veteran's license plate under ILCS Ch. 625, Act 5, § 3-609.
(`95 Code, § 72.12) (Am. Ord. 6-107, passed 11-22-06) Penalty, see § 72.99
Statutory reference:
Unauthorized use of parking spaces reserved for handicapped persons, see ILCS Ch. 625, Act 5, § 11-1301.3