G44-06 •
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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
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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)
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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
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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
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