(A) Title. This section shall be known and may be cited as Birch Run Village Parking Violations Bureau Ordinance.
(B) Bureau established. Pursuant to § 8395 of the Revised Judicature Act, State of Michigan, as added by Public Act 154 of 1968, being M.C.L.A. §§ 600.8101 et seq., a Parking Violations Bureau, for the purpose of handling alleged parking violations within the village, is hereby established. The Parking Violations Bureau shall be under the supervision and control of the Village Clerk.
(C) Location; administration. The Village Clerk shall, subject to the approval of the Village Council, establish a convenient location for the Parking Violations Bureau, appoint qualified village employees to administer the Bureau and adopt rules and regulations for the operation thereof.
(D) Violation; disposing of. No violation not scheduled in division (G) below shall be disposed of by the Parking Violations Bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the Bureau, and in any case the person in charge of the Bureau may refuse to dispose of the violation, in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense, as provided by law.
(E) Violations processed before the court. No violation may be settled at the Parking Violations Bureau except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denies having committed the offense, and in no case shall the person who is in charge of the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to the alleged violation. No person shall be required to dispose of a parking violation at the Parking Violations Bureau, and all persons shall be entitled to have any violation processed before a court having jurisdiction thereof if they so desire. The unwillingness of any person to dispose of any violation at the Parking Violations Bureau shall not prejudice his or her, or in any way diminish the rights, privileges and protection accorded to him or her by law.
(F) Traffic ticket; notice of violation. The issuance of a traffic ticket or notice of violation by a police officer of the village shall be deemed an allegation of a parking violation. The traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty scheduled for the offense for which the ticket was issued and advise that a warrant for the arrest of the person to whom the ticket was issued will be sought if such a person fails to respond within the time limited.
(G) (1) Schedule of offenses and fines.
Offense | Penalty Code |
Offense | Penalty Code |
Prohibited Parking Signs Unnecessary | |
On sidewalk | A |
In front of drive | A |
Within intersection | A |
Within 15 feet of hydrant | A |
On crosswalk | A |
Within 20 feet of corner lot lines | A |
Within 30 feet of street side traffic sign or signal | A |
Within 50 feet of operating railroad crossing | A |
Within 20 feet of fire station entrance | A |
Within 75 feet of fire station entrance on opposite side of street (signs required) | A |
Beside street excavation when traffic obstructed | A |
Double parking | A |
On bridge or viaduct or within tunnel | A |
Within 200 feet of accident where police in attendance | A |
Blocking emergency exit | A |
Blocking fire escape | A |
Parking on all paved streets and village owned parking lots during prohibited hours | A |
In prohibited zone (signs required) | A |
In alley | A |
In a parking space which is clearly identified by an official sign as being reserved for use by handicappers and which is on public property or private property that is available for public use | B |
Vehicles greater than 2 axles parked on any paved street or village owned parking lot (excludes village vehicles) | A |
Parking For Prohibited Purposes | |
Improper parallel parking | A |
Displaying vehicle for sale | A |
Working or repairing vehicle | A |
Displaying advertising | A |
Selling merchandise | A |
Storage over 48 hours | A |
Wrong side of roadway | A |
Loading zone violation | A |
Taxicab, parking other than cab stand | A |
Fire lane violation | A |
Leaving keys in vehicle | A |
(2) Fine schedule. The fine schedule for penalty codes established in division (G)(1) above shall be determined from time to time by resolution of the Village Council.
(Ord. 04-03, passed 9-27-2004; Ord. - -, passed 3-26-2018) Penalty, see §
10.99