(A) The reservation of on street parking spaces for persons with permanent disabilities or disabled veterans as defined under state law shall be pursuant to the provisions of this section and the applicable portions of the Illinois Vehicle Code.
(1) Reserved parking may be allowed curbside of a public street within residentially zoned areas.
(2) The reserved space shall be marked by the posting of two signs, 22 feet apart, erected by the Director of Public Works in the form and manner prescribed under § 11-1301 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-1301).
(3) The reserved parking space shall be located within the limits of the individual's residence and as close as possible to the frontage of the residence where the permanently disabled person resides. The Village reserves the right to post signs at its discretion based on existing conditions, and shall not be permitted in such a manner to unduly harm or cause hardship to other residents residing in the area.
(4) The on street reserved parking space may be placed, provided that all the criteria in the application process have been met, unless specifically exempted by Board of Trustees.
(B) The Village shall accept applications from residents with permanent disabilities as defined under § 1-159.1 of the Illinois Vehicle Code ILCS Ch. 625, Act 5, § 1-159.1 or from a member of the household having direct care of the disabled person. Applicants must agree to participate in a site visit. Applications shall be reviewed to determine whether the criteria included in the Illinois Vehicle Code and listed herein have been met:
(1) An application on a form to be prescribed by the Director of Public Safety has been completed, and verified by the signature of the applicant;
(2) The applicant must be an owner of a motor vehicle for which the Illinois handicapped or disabled veteran license plate or handicapped card has been issued and which plate or card is valid at the time of the application (or renewal application). Applicants not owning a motor vehicle may be eligible for a drop-off zone, if the criteria for such a zone is met, or as recommended during the application review process (see drop-off zones for persons with disabilities);
(3) The applicant has no outstanding debts with the village;
(4) The person who is permanently disabled or a disabled veteran as defined under state law must be a lawful resident of the village at the address for which the installation of the reserved parking sign is requested;
(5) Written evidence of the residency must be provided to the Director of Public Safety at the time the application is submitted;
(6) The applicant must provide a letter from the attending physician in a manner and form set forth by the Director of Public Safety and amended from time to time;
(7) In order to be approved for the handicapped parking space the applicant must provide sufficient evidence that applicant:
(a) Cannot walk without the assistance of another person, prosthetic device, wheelchair or other assistive device;
(b) Is restrictive by lung disease to such a degree that forced (respiratory) expiratory (FEV) in one second, when measured by spirometry, is less than one liter;
(c) Uses portable oxygen;
(d) Has a Class III or Class IV cardiac condition according to standards set by the American Heart Association;
(e) Is severely limited in the ability to walk due to an arthritic, neurological or orthopedic condition;
(f) Has permanently lost the use of or is missing a hand or arm.
(8) The applicant must verify that neither the permanently disabled or disabled veteran resident involved has reasonable access to a garage or a driveway which is located at the address of the permanently disabled or disabled veteran resident of the village;
(9) If the applicant is not the owner of the property at which the permanently disabled or disabled veteran resides, the written approval of the owner or property manager of the property for the installation of the reserved parking space sign must be provided at the time of application.
(10) If the property is transferred, a new application, investigation process and approval letter from the new owner shall be required.
(C) Applications shall be reviewed by the Director of Public Safety, Commissioner of the Building Department and Director of Public Works; each determining whether or not additional information or investigation is necessary. Director of Public Works and the Commissioner of the Building Department shall report their recommendations for approval or denial of the application and the reasons upon which the recommendation is based to the Director of Public Safety.
(D) There shall be parking by permit for persons holding a Bellwood disabled parking sticker and paying an additional fee of $25 annually, as well as an initial fee of $50 to install a reserved parking sign adjacent to the property the applicant resides in.
(1) The sticker shall be numbered to correspond to the sign posted or to the property and only the vehicle bearing that disabled parking permit number shall be allowed to park therein.
(2) Violators who do not display a valid and current disabled plate or placard are subject to a $500 fine.
(3) Violators who display a valid and current disabled plate or placard but no Bellwood disabled parking permit sticker are subject to a fine for parking in violation of a handicapped sign.
(4) Disabled parking permits shall only be issued to one vehicle per property and only one disabled parking permit number shall be issued per property.
(5) The Director of Public Works shall develop the appropriate signage, in compliance with this section and ILCS Ch. 625, Act 5, clearly designating the disabled parking permit number, so as to highlight the restricted nature of the spot.
(E) All reserved parking space designations shall expire on May 1 of each year, but may be renewed upon the submission of a renewal application form to be prescribed by the Director of Public Safety and amended from time to time, verified by the signature of the renewal applicant meeting the requirements herein and submitted to the Director of Public Safety, along with any verification documentation called for by the renewal application form and the payment of a $25 fee. The Director of Public Safety shall review each disabled parking sticker previously issued and all renewal applications, and determine whether or not the need for the sticker still exists.
(1) The holder of the disabled parking sticker shall have ten days from the date of the termination notice to object to the action taken and submit to the Director of Public Safety proof of the continuing need for the reserved parking privilege. All objections to the termination notice must be made in writing and received within the ten day period.
(2) Upon expiration of the ten day period the Director of Public Safety shall cancel and recall the disabled parking sticker previously issued.
(F) The Director of Public Works, upon expiration of the ten-day objection period, unless otherwise notified by the Director of Public Safety, shall remove all "Reserved Parking Only" signs posted and erected to accommodate the disabled parking sticker previously issued.
(G) It shall be the affirmative duty of the person with a permanent disability, their resident family member or caretaker to immediately notify the village if the individual in question no longer meets the requirements under this section or no longer resides at such location. Upon investigation by the Parking Division and notification, the Director of Public Works or his or her designee shall cause the signs indicating reserved parking to be removed.
(H) Drop-off zones for persons with disabilities. If a permanently disabled resident or Bellwood institution desires a drop-off zone for disabled persons, the application for such a zone shall follow the procedures of this section and criteria listed.
(I) Drop-off zones for persons with disabilities shall meet the following criteria:
(1) The person or entity seeking the drop-off zone for persons with disabilities must demonstrate the need for such a zone. Factors to be considered in determining the need for such a drop-off zone shall include the following: the number of persons with disabilities traveling to and from the proposed drop-off zone location, the frequency of this activity, the difficulties encountered without the proposed drop-off zone and the alternate solutions available.
(2) The proposed drop-off zone for persons with disabilities shall not have a substantial negative impact on existing parking and traffic conditions in the area.
(3) The need which must be demonstrated under this division must not be the need for parking for persons with disabilities, but rather the need for a location to stop a vehicle which carries a person or persons with disabilities only long enough to drop off or pick up such person or persons from a designated place. The regular use of special motor vehicles or buses for the transport of persons with disabilities to and from a designated place shall be considered as evidence indicating the need for a drop-off zone for persons with disabilities, rather than the need for parking for persons with disabilities.
(4) Drop-off zones can be up to eight feet in length, based on the review procedures described herein.
(J) Section 11-1301.3 of the State Vehicle Code ILCS Ch. 625, Act 5, § 11-1301.3 is hereby incorporated into this section by reference.
(K) The Board of Trustees reserves the right to limit the number of spaces on a block.
(L) Village staff has the right and authority to review and reevaluate the current use of parking spaces for the permanently disabled pursuant to this section and shall make recommendations to the Director of Public Safety as to any such reserved parking spaces which may no longer be appropriate.
(M) The Director of Public Safety shall have the right to revoke any reserved parking spaces previously approved.
(N) Applicable portions of this section shall be applied to traffic warning signs for handicapped or disabled residents. These requests shall follow the same application, payment, review and renewal processes described herein. Alternate solutions will be considered prior to the installation of these signs. Approval of these signs shall be subject to the Director of Public Safety, Director of Public Works and the Building Commissioner.
(O) No person shall sell, assign, rent or lease any disabled parking permit sticker or charge a fee for the use thereof.
(P) No person shall file a sworn affidavit, as required herein, which the person knows to be false or believes to be false at the time of filing.
(Q) No person shall continue to display a disabled parking permit sticker which has been terminated, cancelled and recalled pursuant to this section.
(R) It shall be unlawful for any person to park a motor vehicle or stop a motor vehicle for the purpose of loading or unloading persons or things, other than persons with disabilities, in any public parking area posted as a drop off zone for persons with disabilities.
(S) Vehicles must at all times comply with and be parked pursuant to the village's overnight parking restrictions.
(T) Whoever violates any of the provisions of this chapter shall be fined not more than $250, except that anyone who fraudulently uses a handicapped parking permit in violation of this chapter shall be subject to a $500 fine.
(Ord. 03-08, passed 4-23-03; Am. Ord. 10-35, passed 4-14-10; Am. Ord. 13-14, passed 6-26-13)