(a) Definitions. As used in this section, “authorized holder” means an individual issued a disability license plate under Section 3-616 of the Illinois Vehicle Code, an individual issued a parking decal or device under Section 11-1301.2 of the Illinois Vehicle Code, or an individual issued a disabled veteran’s license plate under Section 3-609 of the Illinois Vehicle Code.
(b) Proper Usage of Disability License Plates/Parking Decals or Devices.
(1) 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.
(2) 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.
(3) 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 Village as a valid license plate or device and receive the same parking privileges as residents of the Village.
(4) Disability license plates and parking decals and devices are not transferable from person to person.
(c) Parking Violations.
(1) It shall be unlawful to park any motor vehicle which is not properly displaying registration plates or decals issued to a person with disabilities, as defined in Section 1-159.1, pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a disabled veteran pursuant to Section 3-609 of the Illinois Vehicle Code, as evidence that the vehicle is operated by or for a person with disabilities or a disabled veteran, in any parking space, including any private or public offstreet parking facility, specifically reserved by the posting of an official sign as designated under Section 11-301 of the Illinois Vehicle Code, for motor vehicles displaying such registration plates.
(2) It shall be unlawful 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 Section 11-301 of the Illinois Vehicle Code for motor vehicles displaying such registration plates.
(3) It shall be unlawful 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.
(d) Usage Violations.
(1) It shall be unlawful if an individual with a vehicle displaying disability license plates or a parking decal or a device issued to a qualified person with a disability or a disabled veteran if: (i) the person using the disability license plate or parking decal or device is not the authorized holder of the disability plate or parking decal or device or is not transporting the authorized holder 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 decal or device under the Illinois Vehicle Code.
(2) It shall be unlawful if a driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability or to a disabled veteran: (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 the Illinois Vehicle Code.
(e) Towing. Any vehicle parked within a public stall or space or private offstreet parking facility reserved for use by a person with disabilities which does not display person with disabilities registration plates or a special decal or device may be towed after notifying the Village Police Department without a pre-towing hearing.
(f) Signage. All signs erected and used to designate the reservation of parking facilities for a person with disabilities shall be in a form and manner described under Section 11-301 of the Illinois vehicle Code, and shall exhibit the words “$250 Fine”. If the fine amount is at any time changed by the State or Village, the signs shall be changed to indicate the current amount of the fine. All parking spaces for a person with disabilities, except those reserving on-street parking areas, shall be at least 16 feet wide.
(g) Penalties.
(1) Any person found guilty of violating the provisions of subsections (c)(1), (2), or (3) shall be fined $250.00 in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized to be towed under this Section. It is not a defense to a charge of violating subsections (c)(1), (2) or (3) that the sign posted pursuant to this Section or the intended accessible parking place does not comply with the technical requirements of Section 11-301 of the Illinois Vehicle Code or this Section if a reasonable person would be made aware by the sign or notice on or near the parking space that the place is reserved for a person with disabilities.
(2) Any person found guilty of violating the provisions of subsection (d)(1) shall be fined $600.00 for the first violation and $1,000.00 for a second and subsequent violations. Additionally, such person may have his or her driving privileges suspended or revoked by the Illinois Secretary of State for a period of time determined by the Secretary of State.
(3) Any person found guilty of violation the provisions of subsection (d)(2) is guilty of a Class A misdemeanor and shall be fined $2,500.00. Additionally, such person shall have his or her driving privileges revoked by the Illinois Secretary of State. The Secretary of State may also suspend or revoke the disability license plates or parking decal or device for a period of time determined by the Secretary of State.
(4) A Village police officer may seize the parking decal or device from any person who commits a violation of this Section. A Village police officer may seize the disability license plate upon authorization from the Illinois Secretary of State. The Police Department 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.
(5) Every day a violation of this Section shall occur shall be deemed a separate offense.
(1976 Code § 22-25.1; Ord. 536. Passed 6-11-79; Ord. 1576. Passed 7-28-14.)