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HomeMy WebLinkAboutG44-06 • i' r"4 CITY OF ELGIN ORDINANCE NO. G44-06 AN ORDINANCE AMENDING CHAPTERS 11.60 AND 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, REGARDING PARKING PLACES FOR PERSONS WITH DISABILITIES PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14th DAY OF JUNE 2006 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15TH day of June 2006. STATE OF ILLINOIS ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on June 14, 2006, the Corporate Authorities of such municipality passed and approved Ordinance No. G44-06,which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G44-06, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on June 15, 2006, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the fek municipal clerk. DATED at Elgin, Illinois, on June 15, 2006 Municipal Clerk (SEAL) r r Ordinance No. G44-06 AN ORDINANCE AMENDING CHAPTERS 11.60 AND 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, REGARDING PARKING PLACES FOR PERSONS WITH DISABILITIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 11.60, Section 11.60.155 of the Elgin Municipal Code, 1976, as amended, entitled "Unauthorized Use of Parking Places Reserved for Handicapped Persons," be and is hereby amended to read as follows: 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, as defined by section 1- 159.1 of the Illinois vehicle code, pursuant to sections 3-616, 11-1301.1 or 11-1301.2 of the Illinois vehicle code, or to a disabled veteran pursuant to section 3-609 of the Illinois vehicle code, 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 section 11-301 of the Illinois vehicle code, 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 section 11-301 of the Illinois vehicle code, 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. 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 state and local authorities as a valid license plate or device and receive the same parking privileges as residents of the state of Illinois. B. An individual with a vehicle displaying disability license plates or a parking decal or a device issued to a qualified person with a disability under sections 3-616, 11-1301.1, or 11-1301.2 of the Illinois vehicle code or to a disabled veteran under section 3-609 of the Illinois vehicle code shall be 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 the Illinois vehicle code. C. Any person or local authority owning or operating any public or private off-street parking facility may, after notifying the city's 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. D. Any person found guilty of violating the provisions of subparagraph A of this section 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 section 11-301 of the Illinois vehicle code, state 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. E. Any person found guilty of violating the provisions of subparagraph B of this section shall be fined$500. F. 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. Section 2. That Chapter 11.62, Section 11.62.110, subparagraph B of the Elgin Municipal Code, 1976, as amended, entitled "Schedule of Fines and Penalties," be and is hereby amended to read as follows: B. Notwithstanding the provisions of subsection A of this section, a violation of section 11.60.065 of this title, as amended, shall be an offense punishable by a fine in the amount of one hundred dollars ($100.00); a violation of section 11.60.155A or section 11.60.156 of this title, as amended, shall be an offense punishable by a fine in the amount of three hundred fifty dollars ($350.00); and, a violation of section 11.60.155B of this title, as amended, shall be an offense punishable by a fine in the amount of five hundred dollars ($500.00). Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/Ed Schock Ed Schock, Mayor 2 i Presented: June 14, 2006 Passed: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 15, 2006 Published: June 15,2006 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r 3