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(A) Code and amendments and revisions adopted. The Uniform Traffic Code for Cities, Townships and Villages, sometimes hereinafter referred to in this Traffic Code as the Uniform Traffic Code, promulgated by the Director of State Police and published in the 1979 edition of the Michigan Administrative Code, and amendments as published in the 1981 and 2002 Annual Supplement to the Michigan Administrative Code, in accordance with Act 62 of the Public Acts of 1956, as amended (Administrative Rules R 28.1001-28.2075), as thereafter amended or deleted, are hereby adopted by reference as if fully set forth herein.
(B) Adoption of amendments. The city also adopts and incorporates by reference all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state.
(C) References in Code. References in the Uniform Traffic Code to a "governmental unit" shall mean the City of Cheboygan.
(D) Amendments and deletions of UTC sections. The following sections and subsections of the Uniform Traffic Code for Cities, Townships and Villages are hereby added, amended or deleted as set forth and additional sections and subsections are added as indicated. Subsequent section numbers used in this section shall refer to the like numbered section of the Uniform Traffic Code:
Rule 159. PRESUMPTION OF VEHICLE WEIGHT.
1. A presumption of the minimum weight of a vehicle shall be established by evidence of the weight indicated on the Michigan registration certificate for the truck or other commercial vehicle in question.
Rule 160. AUTHORITY OF CITY ENGINEER; CLOSING STREETS.
2. Unless otherwise provided by law, the City Engineer is hereby authorized to close any highway, street, alley or other right-of-way or portion thereof which is under process of construction, improvement or repair, by placing traffic control devices in accordance with the Michigan Vehicle Code. A person who violates this section is responsible for a civil infraction.
Rule 204. USE OF COASTERS, ROLLER SKATES, ROLLER BLADES, SKATE- BOARDS, OR ANY LIKE DEVICES.
1. Coasters, roller skates, roller blades, skateboards or any like devices are allowed upon all City streets within the City of Cheboygan with the exception of Main Street (M-27) from the southerly side of State Street (U.S. 23) to the southerly city limits and State Street (U.S. 23) from the easterly portion of "B" Street to the easterly city limits.
2. A person who violates this section is responsible for a civil infraction.
Rule 823. AUTOMOBILE PARKING SYSTEM.
1. SUPERVISION OF SYSTEM. The Automobile Parking System of the City of Cheboygan shall be under the supervision and direction of the Police Department.
2. RATES AND TIME LIMITS. The rates and time limits for parking in off-street parking lots and structures, operated as a part of the Automobile Parking System, shall be established by resolution of the City Council from time to time upon recommendation of the City Manager. Such rates and time limits need not be uniform throughout the System, but shall be based upon demand for parking in the area which the lot or structure serves and such other considerations as the City Manager and the Council shall deem pertinent. No person shall park any vehicle for a period of time longer than permitted by the regulation pertaining to the lot where such vehicle is parked.
3. PARK IN DESIGNATED SPACES. No person shall park any motor vehicle in any parking lot or structure other than within the boundaries of the space designated as markings. Any person parking any motor vehicle in any parking lot or structure otherwise than as herein prescribed, shall be guilty of a violation of the ordinance and in parking structures and in parking lots other than metered parking lots, any person who shall park a motor vehicle so as to occupy or encroach upon more than one designated parking space, shall pay the full rate or charge for each parking space occupied or encroached upon, in addition to being guilty of a violation of this ordinance.
4. PRESUMPTION FROM OWNERSHIP. In any proceeding for violation of the provisions of this Ordinance relative to parking, the registration plate displayed on the motor vehicle parked in violation hereof, shall constitute in evidence a prima facie presumption that the owner of such vehicle was the person who parked or placed such motor vehicle at the point where such violation occurred.
5. ALL NIGHT PARKING PROHIBITED. No person shall park a vehicle on the city streets or alleys from November 1 to April 1 of each year and on any public parking lot from December 1 to April 1 of each year for a period of time longer than thirty (30) minutes between the hours of 2:00 A.M. and 7:00 A.M., except physicians on emergency calls.
6. UNMETERED PARKING ZONES. The Traffic Engineer for the City of Cheboygan with consent of the City Council by resolution shall designate such unmetered parking zones in the City of Cheboygan where it is determined that such zones shall be necessary to aid in the regulation, control and inspection of parking vehicles. Said unmetered parking zones shall be identified by the appropriate parking sign giving notice of the time limits in said parking zone. Parking in excess of the time provided in said unmetered parking zones shall be an offense under this Ordinance and shall carry with it a penalty which shall be established by resolution of the City Council from time to time upon recommendation of the City Manager for each offense if paid within 48 hours of the time noted on the violation notice. In the event the same is not paid within 48 hours, said violation shall bear a penalty which shall be established by resolution of the City Council from time to time upon recommendation of the City Manager.
7. VIOLATIONS BUREAU. Pursuant to §§ 8395 of the Revised Judicature Act, State of Michigan, as added by Public Act 154 of 1968, being M.C.L.A. § 600.8395, as amended, a Parking Violations Bureau, for the purpose of handling alleged parking violations within the City is hereby established. The Parking Violations Bureau shall be under the supervision and control of the City Clerk.
8. LOCATION, EMPLOYEES, RULES. The City Clerk shall, subject to the approval of the City Council establish a convenient location for the Parking Violations Bureau, appoint qualified city employees to administer the Bureau and adopt rules and regulations for the operation thereof.
9. VIOLATIONS HANDLED. Violations scheduled in this section (Rule 823) 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 such Bureau may refuse to dispose of such 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.
10. JURISDICTION. 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 such 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 such 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 him or in any way diminish the rights, privileges and protection accorded to him by law.
11. PARKING TICKETS. The issuance of a traffic ticket or notice of violation by a Police Officer or Parking Enforcement Attendant of the city shall be deemed an allegation of a parking violation. Such 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 Violation 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 advice 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.
Parking too close to curb
Parking on a 1-way street
Parking on streets angled for parking
Parking in alley
Parking for certain purposes
Parking in metered zones
Parking within metered spaces
822 and 823
Parking in designated spaces
Monetary penalty for the above shall be established by resolution of City Council from time to time upon recommendation of the City Manager.
3. The City Clerk for the City of Cheboygan shall publish a notice of adoption of this amendment to ordinance in the manner required by M.C.L.A. 117.3(K) and shall at the same time publish the fact that complete copies of the Code as hereby amended are available at the office of the Clerk for inspection by and distribution by purchase to the public from 9:00 A.M. to 4:00 P.M., Mondays through Fridays.
(Ord. eff. 12-17-06)