Handicap, still got ticket!

What is the name of your state? Illinois

I go downtown Chicago all the time and park in a residential neighborhood. The street that I park on requires a neighborhood parking permit, but there is a street in the next block that does not require a parking permit. The problem is that I'm handicap and cannot park on the other street (that does not require a permit) because it is to far a walk to the building I'm going to. So when I park I always put up my handicap place card but don't have a residental parking permit. I got a $50 parking ticket the other night because I didn't have a residential parking permit, but I did have my handicap tag up. Can I fight this? I cannot walk far and there are no handicap spaces so I have to park without a permit near the building.

[HomeGuru]

Originally Posted by Chicagocoffee

What is the name of your state? Illinois

I go downtown Chicago all the time and park in a residential neighborhood. The street that I park on requires a neighborhood parking permit, but there is a street in the next block that does not require a parking permit. The problem is that I'm handicap and cannot park on the other street (that does not require a permit) because it is to far a walk to the building I'm going to. So when I park I always put up my handicap place card but don't have a residental parking permit. I got a $50 parking ticket the other night because I didn't have a residential parking permit, but I did have my handicap tag up. Can I fight this? I cannot walk far and there are no handicap spaces so I have to park without a permit near the building.

**A: and why can't you get a parking permit?

I cannot get a parking permit because I don't live there, I just visit a friend. My plates are also from Utah because I just moved from there and they don't expire until next year.

[rmet4nzkx]

In most if not all states the disability placard is honored across the board and the only restrictions are things like parking in a red zone, so usually areas requiring residential parking permits honor the disability placard as if they also has a permit, that is what the OP expected. Most likely the ticket was issued looking for the residential sticker and failed to notice the placard displayed. OP should be able to take their proof of their placard and get the ticket cleared.

What is OP?

[gryndor]

Originally Posted by Chicagocoffee

What is OP?

Original Poster

[rmet4nzkx]

Originally Posted by Chicagocoffee

What is OP?

You, original poster

[CdwJava]

A disabled placard does NOT exempt the bearer from other laws regarding parking. Unless the laws in the city where this occurred specifically say that a residential parking permit OR a disabled placard is required, the fine will likely stand.

Sorry.

Carl

[rmet4nzkx]

Originally Posted by CdwJava

A disabled placard does NOT exempt the bearer from other laws regarding parking. Unless the laws in the city where this occurred specifically say that a residential parking permit OR a disabled placard is required, the fine will likely stand.

Sorry.

Carl

Carl,
I beg to differ, the disabled placrd comes with a document /receipt which states the parking restrictions and specifically states "when your placard is properly displayed, you may park in or on:
Disabled person parking spaces (Blue Zones)
Metered zones without paying
Green zones without restrictions to time limits
STREETS WHERE PREFERENTIAL PARKING PRIVILEDGES ARE GIVEN TO RESIDENTS AND MERCHANTS.

you may not park**************.. misuse.... (sec 4461vc)
OP's out of state placard should be honored and that is why I said to take the documentation with them to have the ticket cleared The placards are issued by states but in compliance with federal ADA laws, so the basic standard is the same from state to state

[CdwJava]

Well, I certainly have never been made privy to that rule and I know that in So. Cal we DID cite vehicles without residential permits - placards or not. If it was improper, nobody ever bothered to point it out and I have not been able to find in the CVC where the disabled placard trumps all local parking regulation.

It may well be there, but I have never been made aware of it. And certainly I can think of certain coastal cities in So. Cal that aren't aware of it either.

And, of course, in other states, they may not have the same privelege granted to bearers of disabled placards.

While it is a rare occurrence, it has happened that disabled placard bearers are cited for violations of local parking regs.

Carl

[rmet4nzkx]

Originally Posted by CdwJava

Well, I certainly have never been made privy to that rule and I know that in So. Cal we DID cite vehicles without residential permits - placards or not. If it was improper, nobody ever bothered to point it out and I have not been able to find in the CVC where the disabled placard trumps all local parking regulation.

It may well be there, but I have never been made aware of it. And certainly I can think of certain coastal cities in So. Cal that aren't aware of it either.

And, of course, in other states, they may not have the same privelege granted to bearers of disabled placards.

While it is a rare occurrence, it has happened that disabled placard bearers are cited for violations of local parking regs.

Carl

Well you learn something new everyday. cvc 4461 is the enforcement sec of the code and what I cited was from the receipt. HUmmm osunds like a class action lawsuit brewing!
22511.5. (a) (1) Any disabled person or disabled veteran displaying
special identification license plates issued under Section 5007 or a
distinguishing placard issued under Section 22511.55 or 22511.59
shall be allowed to park for unlimited periods in any of the
following zones:
(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
(B) In any parking zone that is restricted as to the length of
time parking is permitted as indicated by a sign erected pursuant to
a local ordinance.
(2) Any disabled person or disabled veteran shall be allowed to
park in any metered parking space without being required to pay any
parking meter fees.
(3) This subdivision does not apply to any zone for which state
law or ordinance absolutely prohibits stopping, parking, or standing
of all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of any vehicle that is involved
in the operation of a street vending business.
(b) Any disabled person or disabled veteran shall be allowed to
park a vehicle displaying a special identification disabled person
license plate or placard issued by a foreign jurisdiction with the
same parking privileges authorized in this code for any vehicle
displaying a special identification license plate or a distinguishing
placard issued by the Department of Motor Vehicles.

22511.55. (a) (1) Any disabled person or disabled veteran may apply
to the department for the issuance of a distinguishing placard. The
placard may be used in lieu of the special identification license
plate or plates issued under Section 5007 for parking purposes
described in Section 22511.5 when suspended from the rear view mirror
or, if there is no rear view mirror, when displayed on the dashboard
of a vehicle. It is the intent of the Legislature to encourage the
use of these distinguishing placards because they provide law
enforcement officers with a more readily recognizable symbol for
distinguishing vehicles qualified for the parking privilege. The
placard shall be the size, shape, and color determined by the
department and shall bear the International Symbol of Access adopted
pursuant to Section 3 of Public Law 100-641, commonly known as the
"wheelchair symbol." The department shall incorporate instructions
for the lawful use of a placard, and a summary of the penalties for
the unlawful use of a placard, into the identification card issued to
the placard owner.
(2) (A) The department may establish procedures for the issuance
and renewal of the placards. The placards shall have a fixed
expiration date of June 30 every two years. A portion of the placard
shall be printed in a contrasting color that shall be changed every
two years. The size and color of this contrasting portion of the
placard shall be large and distinctive enough to be readily
identifiable by a law enforcement officer in a passing vehicle.
(B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
(C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Bureau of Vital Statistics
of the State Department of Health Services, or its successor, and
withhold any renewal notices that otherwise would have been sent, for
any placardholders identified as deceased.
(3) Except as provided in paragraph (4), no person is eligible for
more than one placard at any time.
(4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
(b) (1) Prior to issuing any disabled person or disabled veteran
an original distinguishing placard, the department shall require the
submission of a certificate, in accordance with paragraph (2), signed
by the physician or surgeon substantiating the disability, unless
the applicant's disability is readily observable and uncontested.
The disability of any person who has lost, or has lost use of, one or
more lower extremities or both hands, or who has significant
limitation in the use of lower extremities, may also be certified by
a licensed chiropractor. The blindness of any applicant shall be
certified by a licensed physician or surgeon who specializes in
diseases of the eye or a licensed optometrist. The physician or
person certifying the qualifying disability shall provide a full
description of the illness or disability on the form submitted to the
department.
(2) The physician or other person who signs a certificate
submitted under this subdivision shall retain information sufficient
to substantiate that certificate and, upon request of the department,
shall make that information available for inspection by the Medical
Board of California.
(3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.

(c) Any person who has been issued a distinguishing placard
pursuant to subdivision (a) may apply to the department for a
substitute placard without recertification of eligibility, if that
placard has been lost or stolen.
(d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461. For the purposes of this
subdivision, the "maximum penalty" is the amount derived from adding
all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.

[CdwJava]

Huh ... good thing I'm not in the parking enforcement business. I just supervise the people who DO the parking enforcement. I'll have to chat with the Chief and the City Manager on this one.

And I doubt there would be much of a class action suit as I don't think it happens enough to make anyone take notice.

But, while OUR laws say we have to honor foreign placards (that one I knew), it does not mean that Chicago has to honor Utah's, or that IL offers up the same broad advantages to a placard bearer as we do.

Carl

[rmet4nzkx]

Originally Posted by CdwJava

Huh ... good thing I'm not in the parking enforcement business. I just supervise the people who DO the parking enforcement. I'll have to chat with the Chief and the City Manager on this one.

And I doubt there would be much of a class action suit as I don't think it happens enough to make anyone take notice.

But, while OUR laws say we have to honor foreign placards (that one I knew), it does not mean that Chicago has to honor Utah's, or that IL offers up the same broad advantages to a placard bearer as we do.

Carl

Well I see I've done my civic duty, now do I get a free "get out of jail card" for my effort? Gee now you can see how many of your parking enforcement officers will know the statute? lol! I believe because it is related to ADA the parking placard is honored in all jurisdictions along with th eability to park in preferred parking and the actual receipt actually spells it out.

[You Are Guilty]

In no way is one state obligated to honor another state's placard. In fact, one city isn't obligated to honor another city's placard. I think that's where the problem lay.

[rmet4nzkx]

Originally Posted by You Are Guilty

In no way is one state obligated to honor another state's placard. In fact, one city isn't obligated to honor another city's placard. I think that's where the problem lay.

Yes they are obligated to honor the placard, that is not the issue, the issue is what are the limitations of the parking allowances. Essentially the placard is like a drivers license, it is for the person not the vehicle, it can be used in any vehicle as long as the disabled person is present. and ADA is the standard. The purpose of the placard is to allow parking within the shortest available parking that is why is allows use as preferred parking. I already cited that for California I could go to other states and find thier equalivent code but I am not going to do that, all OP has to do is take their placard receipt to prove what the parking limitatins are and they can get their ticket cleared. Carl thought just like you and now is oging to have to instruct all his parking enforcement officers what the code is.