A. Definition: For the purpose of this section, the term "handicapped person" shall mean and include every natural person who has permanently lost the use of a leg or both legs or an arm or both arms or any combination thereof; is so severely disabled as to be unable to move without the aid of crutches, wheelchair or prosthetics; because of old age, physical incapacity or imperfection or deterioration is unable to move or walk without great discomfort, or a physician duly licensed in the state of Illinois to practice medicine or surgery in all of its branches has determined that said person would benefit from being classified as a handicapped person under the provisions of this section to relieve conditions resulting from old age, physical incapacity or imperfection or deterioration.
B. Vehicle Requirements: A vehicle shall be designated as being operated by or for a handicapped person if either of the conditions of this subsection are complied with:
1. If such vehicle bears registration plates specified in paragraph 11-1301.1 (pertaining to handicapped persons' parking exemptions), paragraph 3-609 (pertaining to disabled veterans), or paragraph 3-616 (pertaining to physically handicapped persons), or other comparable provisions of the Illinois vehicle code 1 .
C. Parking Space Requirements: A parking space shall be designated as being for a handicapped person if the conditions of this subsection are complied with: (Ord. 2007-6, 9-11-2007)
1. The city council may from time to time designate parking spaces as being parking spaces for handicapped person parking only. The chairman of the streets, buildings and grounds committee of the city council or designee, in his discretion, and when traffic conditions warrant, may further designate specific parking spaces as being handicapped person parking only. Such parking spaces designated as herein provided shall be on property under the control and jurisdiction of the city, including, but not limited to, streets, alleys and parking lots. All of such parking spaces shall be referred to as general handicapped person parking spaces. (Ord. 2007-6, 9-11-2007; amd. Ord. 2008-13, 4-28-2009)
2. The owner or owners of real property which is regularly used by the public for purposes of vehicular travel by permission of the owner or owners shall, from time to time, designate specific parking spaces on such real property as being parking spaces for handicapped person parking only. All such parking spaces shall also be referred to as general handicapped person parking spaces and shall comply with section 10-3-7 of this code.
3. Restricted parking for handicapped persons may from time to time be established as herein provided. All such restricted parking shall be restricted to or for the use of the specific handicapped person or persons designated when established, under the following conditions: (Ord. 2007-6, 9-11-2007)
a. Any person who owns or operates a vehicle designated pursuant to the provisions herein, may apply for a parking space restricted to parking for or by a designated handicapped person or persons only. Such application shall be filed with the city clerk (and may be filed in conjunction with an application for a handicapped person sticker as provided hereinabove). The application, upon receipt, shall be reviewed by the chairman of the streets, buildings and grounds committee, or his designee, to determine whether the designation of a restricted parking space would adversely affect traffic conditions in the city or be contrary to the traffic laws of the city or the state of Illinois.
b. In the event the city clerk determines the application is in proper form and the chairman of the streets, buildings and grounds committee, or his designee, determines that a restricted parking space would not adversely affect traffic conditions in the city or would not be contrary to the traffic conditions in the city or would not be contrary to the traffic laws of the city or the state of Illinois, a restricted parking space shall be established. All such parking spaces shall be referred to as restricted handicapped person parking spaces. (Ord. 2007-6, 9-11-2007; amd. Ord. 2008-13, 4-28-2009)
c. All restricted parking spaces established hereunder shall be limited to spaces immediately in front of and adjacent to real property owned or occupied by the handicapped person or persons.
d. The city clerk shall promptly notify the superintendent of streets of any restricted parking spaces established. The superintendent shall place an appropriate sign at such location noting that such space is parking for or by a designated handicapped person or persons only.
e. A fee equal to the cost of the sign and labor shall be charged for the placement of a restricted parking sign as provided herein.
f. Any restricted parking spaces established hereunder shall terminate automatically when the appropriate person's vehicle is no longer designated as provided above.
D. Parking In Spaces For The Handicapped:
1. No persons shall stop, stand or park a vehicle at any time designated herein as parking for handicapped persons, except when necessary to avoid conflicts with other traffic, or in compliance with the direction of the duly authorized police officer or official traffic control device, or as otherwise permitted herein.
2. A person may stop, stand or park a vehicle at any place designated as a general handicapped person parking space provided such vehicle bears valid registration plates or a handicapped person sticker as provided for in this section. Such registration plates or stickers shall not entitle a person to stop, stand or park a vehicle in a restricted handicapped person parking space for handicapped persons unless such space has been designated for that person.
3. A person may stop, stand or park a vehicle at a place designated for that person as a restricted handicapped person parking space.
E. Sign Specifications: Insofar as is practical, signs utilized hereunder shall conform with the most recent edition of the national "Manual On Uniform Traffic Control Devices" for streets and highways. Restricted handicapped person parking signs, however, may simply include the words "Restricted Parking by Permit Only", without further designation.
F. Penalties: Any person who shall violate any provision of this section shall, in addition to any other relief the law may afford, be subject to a punishment by a fine in the amount described in the Illinois vehicle code 3 and each day such violation is permitted to continue shall constitute a separate offense. Any person violating a provision hereof shall promptly be issued a citation or notice of violation charging such offense. Such citation or notice of violation shall be in a form prescribed by the city marshal and shall advise such person that a penalty for such violation may at the discretion of such person be paid to the city clerk within seven (7) days of the date of such citation or notice of violation. Such penalty shall be five hundred dollars ($500.00) if not so paid. In the event such penalty is timely paid, that payment shall be in full satisfaction of any penalty for such violation. In the event that such payment is not made within the time period prescribed, a complaint shall be initiated by the city marshal or other appropriate person or by information initiated by the city attorney before a court of proper jurisdiction charging such offense.
G. Fraudulent Use: Use of handicap placard or plates shall comply with the Illinois vehicle code 4 . (Ord. 2007-6, 9-11-2007)
Notes
| 1 | 1. 625 ILCS. |
| 2 | 2. 625 ILCS. |
| 3 | 1. 625 ILCS 5/11-1301.3. |
| 4 | 2. 625 ILCS 5/11-1301.3. |