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G-825 - 01/09/2007 - TRAFFIC - Ordinances/k ORDINANCE 2007- TC- HA -PK -G -825 AN ORDINANCE AMENDING SECTION 7 -1- 1301.1 ( "PARKING SPACES FOR PERSONS WITH DISABILITIES ") OF CHAPTER 1 ( "TRAFFIC CODE ") OF TITLE 7 ( "MOTOR VEHICLES AND TRAFFIC ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the State of Illinois has modified its laws concerning handicapped parking, and in particular for certain fines for the following (i) violation of the prohibition against parking a motor vehicle in a parking place that is reserved, by the posting of an official sign, for persons with disabilities, and (ii) violation of the prohibition against displaying disability registration plates, a decal or other device issued to a qualified person with a disability or to a disabled veteran if the person using such registration plates, decal or other device is not the authorized holder thereof or is not transporting the authorized holder thereof, or if the person is exercising the privileges granted through such registration plates, decal or other device, and WHEREAS, the Board of Trustees of the Village of Oak Brook has determined that it is necessary and desirable to amend the Village Code to conform with such modifications to State law, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein Section 2 That Section 7 -1 -1301 1 ( "Parking Spaces for Persons With Disabilities ") of Chapter 1 ( "Traffic Code ") of Title 7 ( "Motor Vehicles and Traffic ") of the Village Code of the Village of Oak Brook is hereby amended by deleting Section 7 -1 -1301 1 in its entirety and substituting the following. 7 -1- 1301.1: PARKING SPACES FOR PERSONS WITH DISABILITIES: The following restrictions shall apply to the unauthorized use of parking places reserved for persons with disabilities A It shall be unlawful to park any motor vehicle that is not properly displaying registration plates, a decal or other device issued to a person with disabilities or a disabled veteran by the Secretary of State, in a parking place or adjacent aisle, including any public or private off street parking facility, that is specifically reserved, by the posting of an official sign, for persons with disabilities and motor vehicles, displaying such registration plates, a decal or other device B It shall be unlawful for any person with a vehicle to display or use registration plates, a decal or other device issued to a person with disabilities or a disabled veteran by the Secretary of State, if (i) the person using such registration plates, a decal or other device is not the authorized holder thereof or is not transporting the authorized holder to or from the parking location, or (ii) the person is using the registration plates, a decal or other device to exercise any privileges granted through such registration plates, a decal or other device under this section C Any person found guilty of violating the provisions of this division (A) of this section shall be fined no less than $250 00 Any person found guilty of violating the provisions of division (B) of this section shall be fined no less than $500 00 D It shall not be a defense to a charge that a person has violated the provisions of this section, that either the sign posted or the intended handicapped accessible parking place does not comply with the technical requirements of 625 ILCS 5/11 -301, state regulations, Ordinance 2007- TC- HA -PK -G -825 Amending Sec 7 -1 -1301 1 Disability Parking Page 2 of 2 or local ordinance, if a reasonable person would be aware, by a sign or other notice, on or near the parking place, that the place is reserved for a person with disabilities Section 3 That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law Section 4 That all ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Ayes Nays Absent APPROVED THIS 9th day of January, 2007 Kevin uinlan Villag President PASSED THIS 9th day of January, 2007 Trustees Aktipis Craig, Kennedy Manofsky, Sanford and Yusuf Non None CIA, 9F� q_jv- ATTEST Village Clerk