A. Definitions:
OFFICIAL SIGN: Any sign erected on public or private property which complies with regulations promulgated by the village for the erection and maintenance of signs and with the requirements of 625 Illinois Compiled Statutes 5/1-1 et seq., as may hereafter be amended, revised or recodified for designating the reservation of parking spaces for persons with disabilities.
PERSON WITH DISABILITIES: A natural person who, as determined by a licensed physician:
1. Cannot walk two hundred feet (200') without stopping to rest; or
2. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or
3. Is restricted by lung disease to such an extent that his/her forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter (1 l), or the arterial oxygen tension is less than sixty (60) mm/Hg on room air at rest; or
4. Uses portable oxygen; or
5. Has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV, according to the standards set by the American Heart Association; or
6. Is severely limited in the person's ability to walk due to an arthritic, neurological, or orthopedic condition.
REGISTRATION OF PLATES OR DECALS, CARDS OR DEVICES ISSUED TO A PERSON WITH DISABILITIES: 1. Registration plates or decals issued by the secretary of state of Illinois pursuant to 625 Illinois Compiled Statutes 5/3-616, 5/11-1301.2 or 5/3-609, as may be amended after the effective date hereof.
2. Registration plates, special decals or other devices issued by another jurisdiction designating the vehicle is operated by or for a person with disabilities.
B. Scope: The parking privileges granted by this section are strictly limited to the person to whom the special license plate, special decal or card was issued and qualified drivers of motor vehicles who are acting under the express direction of the person with disabilities to whom the special license plate, special decal or card was issued and while the person with disabilities is present. (Ord. 2008-33, 10-6-2008)
C. Parking Places Designated:
1. Public Parking Spaces: Public parking spaces for persons with disabilities shall be designated by village ordinance. (Ord. 2008-33, 10-6-2008; amd. 2011 Code)
2. Parking Lot Spaces: The village may designate certain on street and certain off street parking spaces in municipal parking lots as being reserved for use only by persons with disabilities by posting each such parking space with an official sign which reserves such parking space pursuant to the laws, rules and regulations which apply thereto. When these parking spaces are so signed, it shall be illegal for any person to park a vehicle in the parking space reserved in this manner for persons unless such vehicle has a license plate or decal or card indicating use in compliance with this section and state law. When not with a person with disabilities, it shall be illegal for any person at any time to park any such licensed vehicle in a space designated as being reserved for persons with disabilities or to use a decal or card of a person with disabilities to park any vehicle at any time in such a reserved space.
3. Private Parking Lots: Parking spaces in private parking lots may be reserved by the owner of the parking lot for use only by persons with disabilities. Such spaces shall be marked for reserved use by persons with disabilities by posting each such parking space with an official sign which reserves each parking space pursuant to the laws, rules and regulations of both the state and the village which apply thereto. When these parking spaces are so signed, it shall be illegal for any person to park a vehicle in a parking space reserved in the manner for persons with disabilities unless such vehicle has license plates indicating that the vehicle is registered to a person with disabilities or unless a legal decal or card is being properly used indicating that the vehicle is then being used by a person with disabilities who is qualified to have such license plates or decal or card. It shall be illegal for any person to park any such licensed vehicle in a space on a private parking lot which is designated as being reserved for persons with disabilities or to use a decal or card of a person with disabilities to park in such a reserved space when not with the person with disabilities.
D. Application Of Parking Regulations To Persons With Disabilities: A motor vehicle bearing license plates issued to a person with disabilities or a special decal or card issued to a person with disabilities or a motor vehicle registered in another jurisdiction upon which is displayed such license plates, a special decal or card issued by the other jurisdiction designating that the vehicle may be operated by or for a person with disabilities shall be exempt from any statute or ordinance imposing time limitations on parking when the person with disabilities is present. All drivers and owners of such vehicles shall be subject to the laws that prohibit parking in zones in front of or near fire hydrants, driveways, public building entrances and exits, bus stops, loading areas and all other locations where parking is prohibited whether only by laws which prohibit parking in specified types of locations at all times, during certain hours or times, or for limited types of vehicles, or also by signs which prohibit such parking. Each such vehicle is also prohibited from parking when the motor vehicle constitutes a traffic hazard, and it shall be illegal for any person not to promptly move such vehicle at the instruction or request of a law enforcement officer to a legal location at the choice of the driver or to a location designated by the officer.
E. Enforcement Of Provisions: Any person or local authority owning or operating any public or private off street parking facility in the village may, after notifying the village police department, remove or cause to be removed by towing to a garage or other place of safety any vehicle parked within a space reserved for use by persons with disabilities which does not display registration plates or a special decal or card for persons with disabilities as required by this section. The erection of an official sign on private property specifically reserving any parking place for use by a person with disabilities shall be deemed authorization for the village to enforce such parking prohibition. The chief of police or superintendent of public works of the village shall cause to be maintained an official inventory of private parking places complying with this section.
F. Permitting Violations: No person shall directly or indirectly permit any vehicle owned by such person to be used in any manner so as to violate any of the provisions of this section.
G. Penalties 1 : Any person found guilty of violating any provision of this section shall be subject to penalty for each violation. Such penalty shall be in addition to any costs or charges connected with the removal, towing, and/or storage of any motor vehicle authorized under this section. A separate offense shall be deemed committed for each one-half (1/2) hour any person permits a motor vehicle to remain parked in violation of this section. (Ord. 2008-33, 10-6-2008)
Notes
| 1 | 1. See subsection 1-4A-2D3 of this code for fine. |