(A) (1) (a) It shall not be a defense to a charge under this section that the sign posted pursuant to this section does not comply with the technical requirements of ILCS Ch. 625, Act 5, § 11-301, department regulations, or local ordinances, if a reasonable person would be made aware by the sign or notice on or near the parking place that it is reserved for a person with disabilities.
(b) 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. Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used
(2) 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:
(a) 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
(b) The person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decal or device under this code.
(B) 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.
(C) Any person found guilty of violating the provisions 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. 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, § 11-301, department regulations, or local ordinances, if a reasonable person would be made aware by the sign or notice on or near the parking place that the place is reserved for a person with disabilities.
(D) 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.
(E) Any police officer may seize the parking decal or device from any person who commits a violation of this section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may require that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this section.
(Am. Ord. O-00-04, passed 2-14-00) Penalty, see § 72.99
Statutory reference:
For similar provisions under state law, see ILCS Ch. 625, Act 5, § 11-1301.3