(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, by the Illinois Vehicle Code or to a disabled veteran, as defined by the Illinois Vehicle Code, 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 offstreet parking facility, specifically reserved, by the posting of an official sign as designated, 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 state law, 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. 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 by the city as a valid license plate or device and receive the same parking privileges as residents of this city.
(A-1) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under 625 ILCS 5/3-616, 11-1301.1, or 11-1301.2 or to a disabled veteran under § 3-609 of the Illinois Vehicle Code is in violation of this section if (i) 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 (ii) 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 this code.
(A-2) A driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under 625 ILCS 5/3-616, 11-1301.1, or 11-1301.2 or to a disabled veteran under § 3-609 of the Illinois Vehicle Code is in violation of this section if (i) the person to whom the disability license plate or parking decal or device was issued is deceased and (ii) the driver uses the disability license plate or parking decal or device to exercise any privileges granted through a 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 or sheriffs 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 division (A) shall be fined $250 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 § 11-301 of the Illinois Vehicle Code or local ordinance 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.
(C-1) Any person found guilty of violating the provisions of division (A-1) a first time shall be fined $600. Any person found guilty of violating division (A-1) a second or subsequent time shall be fined $1,000. Any person who violates division (A-2) shall be fined $2,500. The City Clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this section, including any person placed on court supervision for violating this section, to the law enforcement agency that issued the citation. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% of the fine imposed shall be shared equally.
(D) As used in this section, AUTHORIZED HOLDER means an individual issued a disability license plate under § 3-616 of the Illinois Vehicle Code, an individual issued a parking decal or device under § 11-1301.2 of the Illinois Vehicle Code, or an individual issued a disabled veteran's license plate under § 3-609 of the Illinois Vehicle Code.
(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 request 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.
(F) A motor vehicle bearing registration plates issued to a person with disabilities, as defined by § 1-159.1 of the Illinois Vehicle Code, pursuant to § 3-616 or to a veteran with a disability pursuant to subsection (a) of § 3-609 or a special decal or device issued pursuant to § 3-616 or pursuant to § 11-1301.2 of the Illinois Vehicle Code or a motor vehicle registered in another jurisdiction, state, district, territory or foreign country upon which is displayed a registration plate, special decal or device issued by the other jurisdiction designating the vehicle is operated by or for a person with disabilities shall be exempt from any ordinance imposing time limitations on parking, except limitations of one-half hour or less, on any street or highway, a parking area subject to regulation under subsection (a) of § 11-209 of the Illinois Vehicle Code, or any parking lot or parking place which are owned, leased or owned and leased by the city or a city parking utility; and shall be recognized by the city as a valid license plate or parking device and shall receive the same parking privileges as residents of this state; but, such vehicle shall be subject to the laws which prohibit parking in "no stopping" and "no standing" zones in front of or near fire hydrants, driveways, public building entrances and exits, bus stops and loading areas, and is prohibited from parking where the motor vehicle constitutes a traffic hazard, whereby such motor vehicle shall be moved at the instruction and request of a law enforcement officer to a location designated by the officer.
(G) Any motor vehicle bearing registration plates or a special decal or device specified in this section or in § 3-616 of the Illinois Vehicle Code or such parking device as specifically authorized in § 11-1301.2 of the Illinois Vehicle Code as evidence that the vehicle is operated by or for a person with disabilities or bearing registration plates issued to a veteran with a disability under subsection (a) of § 3-609 of the Illinois Vehicle Code may park, in addition to any other lawful place, in any parking place specifically reserved for such vehicles by the posting of an official sign as provided under § 11-301 of the Illinois Vehicle Code. Parking privileges granted by this section are strictly limited to the person to whom the special registration plates, special decal or device were issued and to qualified operators acting under his or her express direction while the person with disabilities is present. A person to whom privileges were granted shall, at the request of a police officer or any other person invested by law with authority to direct, control, or regulate traffic, present an identification card with a picture as verification that the person is the person to whom the special registration plates, special decal or device was issued.
(H) Such parking privileges granted by this section are also extended to motor vehicles of not-for-profit organizations used for the transportation of persons with disabilities when such motor vehicles display the decal or device issued pursuant to § 11-1301.2 of the Illinois Vehicle Code.
(I) No person shall use any area for the parking of any motor vehicle pursuant to § 11-1303 of the Illinois Vehicle Code or where an official sign controlling such area expressly prohibits parking at any time or during certain hours.
(J) A vehicle displaying a decal or device issued under subsection (c-5) of § 11-1301.2 of the Illinois Vehicle Code shall be exempt from the payment of fees generated by parking in a metered space or in a publicly owned parking area.
(Ord. 07-08, passed 2-20-2007; Ord. 2016-11, passed 2-16-2016; Ord. 2016-29, passed 5-2-2016)