(A) The following sections and subsections of the Uniform Traffic Code for Cities, Townships and Villages are hereby amended or deleted as set forth and additional sections and subsections are added as indicated. Subsequent section numbers used in this title shall refer to the like numbered sections of the Uniform Traffic Code.
(B) Penalty. Wherever the divisions of this section provide a criminal penalty in violation of the Uniform Traffic Code or the Vehicle Code, Act 300 of the Public Acts of 1949, as amended, this title is amended to change said criminal penalty to a civil infraction with fines or enforcement powers provided by the Uniform Traffic Code or the State Vehicle Code.
(C) Sec. 2.59. Section added to read:
Sec. 2.59. Current Regulations. All intersection stops and yield right of way requirements, regulations on stopping, standing or parking; one- way streets, roadways and alleys; crosswalks; re stricted turns; through streets; play streets; angle parking zones; all-night parking restrictions; curb loading zones; public carrier stands; parking meter zones and spaces; weight restrictions; no passing zones; speed limits and traffic control devices heretofore established and effective on the effective date of this Code shall be deemed established hereunder and shall remain effective until rescinded or modified as herein provided.
(D) Section 5.62a is amended to read as follows, and sections 5.62b, 5.62c, 5.62d, and 5.62e are added as new sections:
5.62a
(1) A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked and who has been notified as provided by law of that suspension or revocation, whose application for license has been denied, or who has never applied for a license shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this city.
(2) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under this section.
(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a misdemeanor punishable as follows: For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the Secretary of State upon notification by a peace officer.
(4) Before a person is arraigned before a district court magistrate or judge on a charge of violating this section, the arresting officer shall obtain the person's driving record from the Secretary of State and shall furnish the record to the court. The driving record of the person may be obtained from the Secretary of State's computer information network.
(5) This section does not apply to a person who operates a vehicle solely for the purpose of protecting human life or property if the life or property is endangered and summoning prompt aid is essential.
(6) A person whose vehicle group designation is suspended or revoked and who has been notified as provided by law of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided in this act, or who has never applied for a vehicle group designation and who operates a commercial motor vehicle within this state, except as permitted under this act, while any of those conditions exists is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not less than three days or more than 93 days or a fine of not more than $100, or both.
(7) If a person has a second or subsequent suspension or revocation under this section within seven years as indicated on the person's Michigan driving record, the court shall proceed as provided in section 257.904d.
(8) For purposes of this section, a person who never applied for a license includes a person who applied for a license, was denied, and never applied again.
5.62b
(1) When a person is convicted of an offense punishable under section 5.62a for operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the court shall order the motor vehicle, if it is owned in whole or in part or leased by that person, impounded for not less than a period the court orders but not more than 120 days from the date of judgment.
(2) An order for the impounding of a motor vehicle issued pursuant to this section is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vehicle to the storage for insurance coverage purposes.
(3) The owner of a motor vehicle impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vehicle whether or not the vehicle is returned to him or her. The vehicle shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vehicle is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vehicle, the vehicle shall be considered an abandoned vehicle and disposed of as provided by law.
(4) This section does not affect the rights of a conditional vendor, chattel mortgagee, or lessor of a motor vehicle registered in the name of another person as owner who becomes subject to this act.
5.62c
(1) When a peace officer detains the driver of a motor vehicle for a violation of a law of this state or local ordinance for which vehicle immobilization is required, the peace officer shall do all of the following;
(a) Immediately confiscate the vehicle's registration plate and destroy it.
(b) Issue a temporary vehicle registration plate for the vehicle in the same form prescribed by the Secretary of State for temporary registration plates issued according to law.
(c) Place the temporary vehicle registration plate on the vehicle in the manner required by the Secretary of State.
(d) Notify the Secretary of State through the law enforcement information network in a form prescribed by the Secretary of State that the registration plate was confiscated and destroyed, and a temporary plate was issued.
(2) A temporary vehicle registration plate issued under this section is valid until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those charges, or the person is found guilty of or is acquitted of those charges.
5.62d
(1) For a violation of section 5.15(1) or (3) the court may order vehicle immobilization for not more than 180 days. For a second violation of 5.15(1) or (3) in any combination arising out of separate incidents, the court shall order vehicle immobilization for not less than 24 days or more than 180 days. For a third or subsequent violation in any combination arising out of separate incidents, the court shall order vehicle immobilization for not less than six months or more than three years.
(2) The defendant shall provide to the court the vehicle identification number and registration plate number of the vehicle involved in the violation.
(3) The court shall not order vehicle immobilization under this section if the defendant is not the owner or lessee of the vehicle operated during the violation unless the owner or lessee knowingly permitted the vehicle to be operated in violation of section 5.15 or section 5.62a regardless of whether a conviction resulted.
(4) An order required to be issued under this section shall not be suspended.
(5) If a defendant is ordered imprisoned for the violation for which immobilization is ordered, the period of immobilization shall begin at the end of the period of imprisonment.
5.62e
(1) A court shall order a vehicle immobilized by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle. If a vehicle is immobilized under this section, the court may order the vehicle stored at a location and a manner considered appropriate by the court. The court may order the person convicted of violating section 5.15 or a suspension, revocation, or denial under section 5.62a to pay the cost of immobilizing and storing the vehicle.
(2) A vehicle subject to immobilization under this section may be sold during the period of immobilization, but shall not be sold to a person who is exempt from paying a use tax under section 3(3)(a) of the use tax act, 1937 PA 94, MCL 205.93 without a court order.
(3) A defendant who is prohibited from operating a motor vehicle by vehicle immobilization shall not purchase, lease, or otherwise obtain a motor vehicle during the immobilization period.
(4) A person shall not remove, tamper with, or bypass or attempt to remove, tamper with, or bypass a device that he or she knows or has reason to know has been installed on a vehicle by court order for vehicle immobilization or operate or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized.
(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(6) To the extent that a local ordinance regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the local ordinance is preempted.
(7) If a peace officer stops a vehicle that is being operated in violation of an immobilization order, the vehicle shall be impounded pending an order of a court of competent jurisdiction.
(8) The court shall require the defendant or a person who provides immobilization services to the court under this section to certify that a vehicle ordered immobilized by the court is immobilized as required.
(Ord. 454-9-99, passed 9-20-99)
(E) Sec. 5.90(b) Section added to read:
Sec. 5.90(b). Parking Lots, Unnecessary Noise, Loitering. No person on the premises of a drive-in restaurant or public parking lot in the City shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, blow any horn, or make or cause to be made any other loud or unseemly noise, or disturbance whereby the quiet and good order of the premises of said drive-in restaurant or public parking lot is disturbed. It shall be unlawful for any number of persons to congregate for any time whatsoever at any location on the premises of a drive-in restaurant or a public parking lot other than in the restaurant building or in a legally parked motor vehicle. Any persons so congregating shall be deemed guilty of loitering and shall be punished as prescribed in § 10.99.
(F) Sec. 8.21. Section amended to read as follows:
Sec. 8.21(a). Parking Meter Zone Areas. The City Commission is authorized to designate by Traffic Control Order the street or streets or parts thereof or areas within any public parking lot or lots which are to be included within the “Parking Meter Zone Area.” Any area so designated shall become subject to the provisions of this section upon the installation and placing in operation of parking meters in such area.
(a) The City Commission shall by Traffic Control Order establish fees for the parking of any vehicle in a metered park ing zone. Parking meters will be used and enforced from 9 a.m. to 5 p.m. except on Sundays and legal holidays or as otherwise indicated on said parking meters. Such fees as thus established shall be posted on signs in the Parking Meter Zone Area so as to give notice thereof to the general public.
(b) No person shall deface, tamper with, open, break or impair the usefulness of any parking meter, standard or sign.
(c) No person shall deposit or cause to be deposited in any parking meter any slug, device or metallic substance as a substitute for a coin of the United States.
(d) If a person parks in violation of a parking meter longer than one hour, the person is subject to a parking meter violation for each hour of said violation.
(Ord. 178-2-83, passed 2-7-83)
Sec. 8.21(b). Parking Meters, Markings; Extending Time Prohibited. In every parking meter zone of the City, each parking meter shall be installed and set to display upon the deposit therein of the proper coin, or coins, of the United States as indicated by the instruction on the meter, a signal indicating legal parking or standing for that period of time conforming to the limit of parking time which has been established for that area or zone of the street upon which the parking meter is installed, and shall continue to operate from the time of the deposit of such coin therein until the expiration of the time fixed as the parking limit for the part of the street upon which the meter is placed. Each meter shall also be so regulated that upon the expiration of the legal parking time it will display a signal indicating that the lawful parking period has expired. No person shall deposit any additional coin for the purpose of extending the parking or standing time of any vehicle beyond the legal parking or standing time which has been established for the parking space.
Sec. 8.21(c). Parking Meters; Coins Required; Regulations. Whenever any vehicle shall be parked or shall be stood in any space alongside of or next to which a parking meter is located, the operator of the vehicle, upon entering the parking space, shall immediately deposit or cause to be deposited a coin or coins of United States currency as indicated on the parking meter for the desired parking time, in such parking meter and shall place in operation the meter, and the parking space then may be lawfully occupied by the vehicle during the period of parking or standing time which has been prescribed for the part of the street on which the parking space is located. If the vehicle shall remain parked or shall remain standing in any parking space beyond the parking or standing time limit fixed for each parking space, the parking meter shall display a sign or signal showing illegal parking or standing, and in that event such vehicle shall be considered as parked overtime and beyond the period of legal parking or standing time, and the parking or standing of a vehicle where any meter is located shall be a violation of this section and punishable as herein set forth. Any person placing a vehicle in a parking meter space, which meter indicates that unused time has been left thereon by the previous occupant of that space, shall not be required to deposit a coin for the use of the unused time, and after the expiration of the said unused time it shall be lawful to permit this same vehicle to occupy such space or for any person to deposit any coin to extend the parking time to the legal parking time.
Sec. 8.21(d). Parking Space, Markings; Parking Regulations. The Chief of Police is directed to mark off individual parking spaces adjacent to each parking meter by placing lines upon the street or curb adjacent to such parking meter for the purpose of designating the space for which the meter is to be used. It shall be unlawful to park any vehicle in such manner that the said vehicle shall not be entirely within the limits of the space so designated. Whenever angle parking is permitted, it shall be unlawful for any person to park any vehicle in any space by backing into such space and the vehicle shall be parked so that the front thereof faces the meter.
Any damage caused to the parking meter shall be assessed against the owner and driver of the vehicle and they shall be liable for same, jointly and severally.
Sec. 8.21(e). Unlawful Parking. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to stand or to be parked overtime beyond the period of legal parking or standing time established for any parking meter zone as herein described.
Sec. 8.21(f). Extending Parking Time Prohibited. It shall be unlawful for any person to deposit or cause to be deposited in a parking meter additional coins of United States currency for the purpose of increasing or extending the parking or standing time of any vehicle beyond the legal parking or standing time which has been established for the parking space adjacent to which said parking meter is placed.
(G) Sections 8.25, 8.26 and 8.27. Sections added to read as follows:
Sec. 8.25. Overtime Parking. Whenever official signs have been erected upon any street or public parking lot indicating that parking is limited for a definite period of time, no person shall park any vehicle on said street or public parking lot for a longer time than designated on any such sign, and such vehicle may be impounded by the police. This regulation does not apply on Sunday or legal holidays unless so designated on the sign.
Sec. 8.26. All Night Winter Parking. In order to permit the City to properly remove all snow and ice from all public ways during the winter months in the most expedient manner, no person shall park a vehicle on any street in the City from November 15 to and including March 15, between the hours of 2:00 a.m. and 6:00 a.m. Vehicles parked in violation of this ordinance may be ticketed and/or impounded by the Police.
(Am. Ord. 488-12-01, passed 12-3-01; Am. Ord. 673-03-14, passed 3-3-14)
Sec. 8.27. Angle Parking; Method. It shall be unlawful for any person to angle park any motor vehicle in an unmetered space on any street or in any parking lot with the back of the vehicle closer to the curb or the edge of the roadway than the front of the vehicle is to the curb or edge of the roadway.
(Am. Ord. 356-6-94, passed 6-6-94)
(H) Sec. 8.28. Section added to read as follows:
Sec. 8.28. Parking on Private Property Prohibited. No person shall park a vehicle on any private property in the City except when directed by a Police Officer or traffic control device without the express or implied consent, authorization, or ratification of the owner, holder, occupant, lessee, or trustee of the private property. Complaint for violation of this section shall be made by the owner, holder, occupant, lessee, trustee of such property, or the agent of any person in control of such private property.
Vehicles parked in violation of this section shall receive a citation from the Police Department, and if the vehicle is not removed within 48 hours, the vehicle shall be towed, impounded, and stored on premises designated by the Police Department at the vehicle owner's expense. The fine for the violation shall be $10, and the owner of the vehicle shall pay the towing fee plus $5 per day storage fee for each day the vehicle is impounded before the vehicle shall be released to the owner. If the vehicle owner desires to contest the parking citation in court, he shall deposit $35 with the Police Department before the vehicle shall be released from the impoundment. If the vehicle owner successfully contests the parking citations, he shall be refunded his $35 deposit. If he is not success-ful, the $35 shall be applied to the fine, towing charge, and impoundment fee.
(Ord. 144, passed 10-16-78; Am. Ord. 156-9-79, passed 9-17-79; Am. Ord. 165-6-81, passed 6-1-81; Am. Ord. No. 167-12-81, passed 12-21-81; Am. Ord. 178-2-83, passed 2-7-83; Am. Ord. 211-1-86, passed 1-6-86; Am. Ord. 356-6-94, passed 6-6-94)
(I) 8.29. Parking prohibited on certain streets. Parking on the following streets and alleys between the hours of 2:00 a.m. and 6:00 a.m. is prohibited, and any vehicles parked there may be impounded by or at the direction of the Department Of Public Safety:
(a) S. Warren Avenue between Maple Street and Elm Street;
(b) N. Warren Avenue between Maple Street and Pine Street;
(c) S. Michigan Avenue between Maple Street and Linden Street;
(d) N. Michigan Avenue between Maple Street and Pine Street;
(e) Elm Street between Stewart and S. State Street;
(f) Maple Street between Warren Avenue and State Street;
(g) Pine Street between N. Warren Avenue and N. State Street;
(h) West side alley parallel to S. Michigan Avenue between Maple Street and Elm Street; and
(I) West side alley parallel to N. Michigan Avenue between Maple Street and Pine Street.
(Ord. 291-9-90, passed 9-17-90)
('88 Code, Title X, Ch. 126, § 10.4)
(J) 8.30. Parking prohibited on front yard not designated and approved for parking. No person shall park a motor vehicle on a front yard not designated and approved for parking. The front yard shall be defined as the area of private property that is located between the public right-of-way and the front line of the primary structure on the property. Parking of any motor vehicle within this area shall be prohibited. Exception: Vehicles may be parked in a driveway which extends from a public street to an area located outside the front yard.
(Ord. 461-1-00, passed 1-18-00)
(K) 8.31. Parking on Lawn Extension. No person shall drive upon, park or stand any vehicle between the curb or curb line and the lot line nearest the street, said area being commonly known as the lawn extension, whether or not any sidewalk or curb is actually in place on such street. This provision shall not be construed as prohibiting parking on a driveway apron.
(Ord. 416-1-00, passed 1-18-00)
(L) 8.32 Parking on an area without an approved curb cut. No person shall park a motor vehicle on any area which is not accessible by an approved curb cut and drive apron. This location shall be defined as any area which does not have access by way of a curb cut or drive apron to a public street. Exception: Vehicles may be parked on driveways and on defined parking areas on curbless streets.
(Ord. 461-1-00, passed 1-18-00)