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  1. #1

    Default Handicapped Parking Violations Outside a Closed Business

    My question involves a traffic citation from the state of: Illinois.
    I know that the technical answer to my question is that yes, I am guilty of violating the statute, I am really looking for feedback on whether I should fight this ticket. On Christmas evening I went to the local Walgreens to return videos to the Redbox machine outside the store. As I pulled up with ten minutes before the deadline before the autorenewal, I joined a number of cars in front of these machines. As the handicapped space was the closest one available, and also because the store was closed, I figured, no problem. As I turned to walk back to my car a cop pulled up and ticketed me for the violation. Again, realize that a machine reading of the statute indicates that I was in the wrong. However, the very reason for those spots being designated handicapped, namely easy access to the store, was essentially moot due to the fact that the business had been closed for nearly three hours. To point to the machines and argue that the spaces also apply to the machines seems like a stretch given the way the spaces in front of the machines are laid out. Anybody want to chime in and opine on whether a judge would toss this one given the facts and circumstances? thanks.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Handicapped Parking Violations Outside a Closed Business

    Did the handicapped sign have times of application on it?

    No?

    Then it was in force at all times... maybe for the return of Redbox videos.

    anyway, pay the fine. A handicapped spot with proper signage is ALWAYS a handicapped spot.

    by the way, my local walgreens was open 24 hours on Christmas eve and Christmas.

    Sounds like it would have been cheaper to pay the penalty on the Redbox.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Handicapped Parking Violations Outside a Closed Business

    Last I looked, in Illinois handicapped spaces are governed by several laws/regs.

    You can check and see if the signs posted comply with the MUTCD (if they are 5 ft off the pavement level they are likely OK)

    Also, in Illinois, the police must have a contract/letter from the owner of the property on file to be able to ticket on that property. I recall that a letter or contract or authorization if it were is good for either 5 or ten years or 20 yrs after its execution (forget the time frame). Rarely is this actually done.

    So, do a FOIA request asking for any such letters or contracts in the town. If its a big town, just ask for the single property. Serve the town clerk for the town & do a second with the PD .. they can file this away anywhere the town wants, hence the 2 requests.

    Once you get the FOIA response back with "no records found" then you have evidence that the statue's requirements were not met & the ticket should be voided. Include your request & their response in their entirety for it to be admissible at your trial.

    Its not really a "loophole" ... Illinois is one of the most fractured states in terms of government (state/county/township/local/school districts/special districts etc) in the nation..showing a higher than normal distrust of governments & desire for local control.

    I think that the lack of a contract is your best defense ... because it would not matter if you parked there or not..the government does not have jurisdiction to issue tickets on private land in such a case.

    There is a statue that notes the need for the contract ... search it out...the "court" will want to see it as most judges are not familiar with the statue as they see it only once or twice in their career.

  4. #4

    Default Re: Handicapped Parking Violations Outside a Closed Business

    Agree in hindsight that the late fee would have been the better route, still wondering if a judge would see the rationale for throwing out the ticket. The store was closed and I can verify this fairly easily.

    Anybody have an idea about the private contract statute? I've searched around but haven't found anything yet.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
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    13,385

    Default Re: Handicapped Parking Violations Outside a Closed Business

    The store was closed!!!

    Did you tell that to the handicapped person that wanted to use the Redbox?

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
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    Default Re: Handicapped Parking Violations Outside a Closed Business

    http://law.onecle.com/illinois/625ilcs5/11-209.html


    This it? Google search: 5 seconds Illinois vehicle code private property search terms

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Handicapped Parking Violations Outside a Closed Business

    Here's what appears to be the statute, but it doesn't help in relation to handicapped parking:
    Quote Quoting 625 ILCS 5/11‑209. Powers of municipalities and counties ‑ Contract with school boards, hospitals, churches, condominium complex unit owners' associations, and commercial and industrial facility, shopping center, and apartment complex owners for regulation of traffic.
    (a) The corporate authorities of any municipality or the county board of any county, and a school board, hospital, church, condominium complex unit owners' association, or owner of any commercial and industrial facility, shopping center, or apartment complex which controls a parking area located within the limits of the municipality, or outside the limits of the municipality and within the boundaries of the county, may, by contract, empower the municipality or county to regulate the parking of automobiles and the traffic at such parking area. Such contract shall empower the municipality or county to accomplish all or any part of the following:

    1. The erection of stop signs, flashing signals, person with disabilities parking area signs or yield signs at specified locations in a parking area and the adoption of appropriate regulations thereto pertaining, or the designation of any intersection in the parking area as a stop intersection or as a yield intersection and the ordering of like signs or signals at one or more entrances to such intersection, subject to the provisions of this Chapter.

    2. The prohibition or regulation of the turning of vehicles or specified types of vehicles at intersections or other designated locations in the parking area.

    3. The regulation of a crossing of any roadway in the parking area by pedestrians.

    4. The designation of any separate roadway in the parking area for one‑way traffic.

    5. The establishment and regulation of loading zones.

    6. The prohibition, regulation, restriction or limitation of the stopping, standing or parking of vehicles in specified areas of the parking area.

    7. The designation of safety zones in the parking area and fire lanes.

    8. Providing for the removal and storage of vehicles parked or abandoned in the parking area during snowstorms, floods, fires, or other public emergencies, or found unattended in the parking area, (a) where they constitute an obstruction to traffic, or (b) where stopping, standing or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicle.

    9. Providing that the cost of planning, installation, maintenance and enforcement of parking and traffic regulations pursuant to any contract entered into under the authority of this paragraph (a) of this Section be borne by the municipality or county, or by the school board, hospital, church, property owner, apartment complex owner, or condominium complex unit owners' association, or that a percentage of the cost be shared by the parties to the contract.

    10. Causing the installation of parking meters on the parking area and establishing whether the expense of installing said parking meters and maintenance thereof shall be that of the municipality or county, or that of the school board, hospital, church, condominium complex unit owners' association, shopping center or apartment complex owner. All moneys obtained from such parking meters as may be installed on any parking area shall belong to the municipality or county.

    11. Causing the installation of parking signs in accordance with Section 11‑301 in areas of the parking lots covered by this Section and where desired by the person contracting with the appropriate authority listed in paragraph (a) of this Section, indicating that such parking spaces are reserved for persons with disabilities.

    12. Contracting for such additional reasonable rules and regulations with respect to traffic and parking in a parking area as local conditions may require for the safety and convenience of the public or of the users of the parking area.
    (b) No contract entered into pursuant to this Section shall exceed a period of 20 years. No lessee of a shopping center or apartment complex shall enter into such a contract for a longer period of time than the length of his lease.

    (c) Any contract entered into pursuant to this Section shall be recorded in the office of the recorder in the county in which the parking area is located, and no regulation made pursuant to the contract shall be effective or enforceable until 3 days after the contract is so recorded.

    (d) At such time as parking and traffic regulations have been established at any parking area pursuant to the contract as provided for in this Section, then it shall be a petty offense for any person to do any act forbidden or to fail to perform any act required by such parking or traffic regulation. If the violation is the parking in a parking space reserved for persons with disabilities under paragraph (11) of this Section, by a person without special registration plates issued to a person with disabilities, as defined by Section 1‑159.1, pursuant to Section 3‑616 of this Code, or to a disabled veteran pursuant to Section 3‑609 of this Code, the local police of the contracting corporate municipal authorities shall issue a parking ticket to such parking violator and issue a fine in accordance with Section 11‑1301.3.

    (e) The term "shopping center", as used in this Section, means premises having one or more stores or business establishments in connection with which there is provided on privately‑owned property near or contiguous thereto an area, or areas, of land used by the public as the means of access to and egress from the stores and business establishments on such premises and for the parking of motor vehicles of customers and patrons of such stores and business establishments on such premises.

    (f) The term "parking area", as used in this Section, means an area, or areas, of land near or contiguous to a school, church, or hospital building, shopping center, apartment complex, or condominium complex, but not the public highways or alleys, and used by the public as the means of access to and egress from such buildings and the stores and business establishments at a shopping center and for the parking of motor vehicles.

    (g) The terms "owner", "property owner", "shopping center owner", and "apartment complex owner", as used in this Section, mean the actual legal owner of the shopping center parking area or apartment complex, the trust officer of a banking institution having the right to manage and control such property, or a person having the legal right, through lease or otherwise, to manage or control the property.

    (g‑5) The term "condominium complex unit owners' association", as used in this Section, means a "unit owners' association" as defined in Section 2 of the Condominium Property Act.

    (h) The term "fire lane", as used in this Section, means travel lanes for the fire fighting equipment upon which there shall be no standing or parking of any motor vehicle at any time so that fire fighting equipment can move freely thereon.

    (i) The term "apartment complex", as used in this Section, means premises having one or more apartments in connection with which there is provided on privately‑owned property near or contiguous thereto an area, or areas, of land used by occupants of such apartments or their guests as a means of access to and egress from such apartments or for the parking of motor vehicles of such occupants or their guests.

    (j) The term "condominium complex", as used in this Section, means the units, common elements, and limited common elements that are located on the parcels, as those terms are defined in Section 2 of the Condominium Property Act.

    (k) The term "commercial and industrial facility", as used in this Section, means a premises containing one or more commercial and industrial facility establishments in connection with which there is provided on privately‑owned property near or contiguous to the premises an area or areas of land used by the public as the means of access to and egress from the commercial and industrial facility establishment on the premises and for the parking of motor vehicles of customers, patrons, and employees of the commercial and industrial facility establishment on the premises.

    (l) The provisions of this Section shall not be deemed to prevent local authorities from enforcing, on private property, local ordinances imposing fines, in accordance with Section 11‑1301.3, as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1‑159.1, or disabled veterans by any person using a motor vehicle not bearing registration plates specified in Section 11‑1301.1 or a special decal or device as defined in Section 11‑1301.2 as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran.

    This amendatory Act of 1972 is not a prohibition upon the contractual and associational powers granted by Article VII, Section 10 of the Illinois Constitution.

  8. #8
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Handicapped Parking Violations Outside a Closed Business

    The OP should post the violation citation of the code to investigate further. And it looks like the recorder at the county is the place to do a FOIA request.

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