(A) (1) 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 625 ILCS 5/3-616, 11-1301.1 or 11-1301.2, or to a disabled veteran pursuant to 625 ILCS 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 625 ILCS 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 625 ILCS 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. 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 as a valid license plate or device and receive the same parking privileges as residents of the village.
(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 625 ILCS 5/3-616, 11-1301.1 or 11-1301.2 or to a disabled veteran under 625 ILCS 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 decals or devices 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) (1) Any person found guilty of violating the provisions of division (A)(1) above 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. The village shall display signs indicating the fine imposed, and if the amount of the fine is subsequently changed, the village shall change the sign to indicate the current amount of the fine. 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 625 ILCS 5/11-301, Department regulations 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.
(2) Any person found guilty of violating the provisions of division (A)(2) above shall be fined as set forth in § 72.99. The Circuit Clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating division (A)(2) above, including any person placed on court supervision for violating this section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% shall be shared equally.
(D) As used in this section, AUTHORIZED HOLDER means an individual issued a disability license plate under 625 ILCS 5/3-616, an individual issued a parking decal or device under 625 ILCS 5/11-1301.2 or an individual issued a disabled veteran’s license plate under 625 ILCS 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 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.
(Prior Code, § 72.17) Penalty, see § 72.99
Statutory reference:
Similar provisions, see 625 ILCS 5/11-1301.3(a) - (a-2), (b), (d), (e) and (g)