The following sections and subsections of the Uniform Traffic Code for Michigan Cities, Townships, and Villages adopted in this subchapter are hereby amended as set forth and additional sections and subsections are added as indicated. Section numbers shall refer to the like-numbered sections in the Uniform Traffic Code.
“Sec. 1.001a. Ambulance.
“Ambulance” means a privately or publicly owned motor vehicle for highway use which is specially designed or constructed and equipped, which is intended to be used for, and is maintained or operated for, the transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless, including dual purpose police patrol cars and funeral coaches or hearses, and which is equipped according to Part 203 of the Public Health Code, Act 368 of 1978 (MCL 333.20301 et seq., MSA 14.15(20301) et seq.), as amended.
Sec. 1. 002a. Autocycle.
“Autocycle” means an enclosed motorcycle that is equipped with safety belts, rollbar, windshield, wipers, steering wheel, and equipment otherwise required on a motorcycle, and which has not more than three (3) wheels in contact with the roadway at any one (1) time.
Sec. 1.004. Bus.
“Bus” means a motor vehicle which is designed to carry more than ten (10) passengers and which is used for the transportation of persons and also means a motor vehicle, other than a taxicab, which is designed and used for the transportation of persons for compensation. The term does not include a school bus or a bus that is equipped and used for living or camping purposes, or a motor vehicle which is used in a carpool, vanpool, or a family passenger vehicle and which is designed to carry fifteen (15) persons or less.
Sec. 1.007a. Controlled Substance.
“Controlled substance” means a controlled substance as defined by article 7 of the Public Health Code, Act No. 368 of 1978 (MCL 333.7101 et seq., MSA 14. 15(7101) et seq.), as amended.
Sec. 1.012c. Implement of Husbandry.
“Implement of husbandry”’ means a vehicle which is either a farm tractor, a vehicle designed to be drawn by a farm tractor or an animal, a vehicle which directly harvests farm products, or a vehicle which directly applies fertilizer, spray, or seeds to a farm field.
Sec. 1.016. Moped.
“Moped” means a two- or three-wheeled vehicle which is equipped with a motor that does not exceed fifty (50) cubic centimeters piston displacement, produces two (2) brake horsepower or less, and cannot propel the vehicle at a speed greater than thirty (30) miles per hour on a level surface. The power drive system shall not require the operator to shift gears.
Sec. 1.018a. Operate or Operating.
“Operate” or “operating” means being in actual physical control of the vehicle regardless of whether or not the person is licensed under the motor vehicle code as an operator or chauffeur.
Sec. 1.018b. Operator.
“Operator” means every person, other than a chauffeur, who is in actual physical control of a motor vehicle on a highway.
Sec. 1.024. Police Officer.
“Police officer” means every sheriff or sheriffs deputy; village or township marshal; officer of the police department of any city, village or township; any officer of the Michigan state police; or any peace officer who is trained and certified pursuant to Act No. 203 of the Public Acts of Michigan of 1965 (MCL 28.601 et seq., MSA 4.450(1) et seq.), as amended.
Sec. 1.031a. School Bus.
“School bus” means every motor vehicle, except for a station wagon, with a manufacturer’s rated seating capacity of seventeen (17) or more children which is owned by a public, private or governmental agency and which is operated for the transportation of children to or from school. The term also means a motor vehicle, except for a station wagon, that is privately owned and operated for compensation for the transportation of children to or from school. The terms does not include a bus that is operated by a municipally owned transportation system or by a common passenger carrier ar certificated by the state public service commission.
Sec. 2.5a. “Abandoned vehicle,” defined; taking abandoned vehicles into custody; authority; procedure; public sale.
(1) As used in this section, “abandoned vehicle” means a vehicle, which has remained on public property or private property for a period of forty-eight (48) hours after a police agency, or other governmental agency designated by the police agency has affixed a written notice to the vehicle.
(2) If a vehicle has remained on public or private property for a period of time so that it appears to the police agency to be abandoned, the police agency shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Affix a written notice to the vehicle. The written notice shall contain the following information:
(i) The date and time the notice was affixed;
(ii) The name and address of the police agency taking the action;
(iii) The name and badge number of the police officer affixing the notice;
(iv) The date and time the vehicle may be taken into custody and stored at the owner’s expense or scrapped if the vehicle is not removed;
(v) The year, make, and vehicle identification number of the vehicle, if available.
(3) If a vehicle is not removed within forty-eight (48) hours after the date the notice was affixed, the vehicle is deemed abandoned and the police agency may have the vehicle taken into custody.
(4) A police agency which has a vehicle taken into custody shall do all of the following:
(a) Recheck to determine if the vehicle has been reported stolen.
(b) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network.
(c) Within seven (7) days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i) The year, make, and vehicle identification number of the vehicle, if available.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency which had the vehicle taken into custody.
(v) The business address of the custodian of the vehicle.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.
(viii) A form petition, which the owner may file in person or by mail with a specified court which requests a hearing on the police agency’s action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within twenty (20) days after the date of the notice may result in the sale of the vehicle and the determination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.
(5) The registered owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.7b and 2.7c. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in an amount equal to the accrued towing and storage fees with the court. The owner of the vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of paying the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(6) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(7) If the owner does not redeem the vehicle or request a hearing within twenty (20) days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle, and the police agency for its accrued costs.
(8) Not less than twenty (20) days after the disposition of the hearing described in subsection (5), or if a hearing is not requested, not less than twenty (20) days after the date of the notice, the police agency shall offer the vehicle for sale at a public sale pursuant to section 2.7b.
(9) If the ownership of a vehicle which has been deemed abandoned under this section cannot be determined, either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to section 2.7b, not less than thirty (30) days after public notice of the sale has been published.
Sec. 2.6. “Abandoned scrap vehicle” defined; taking abandoned scrap vehicles into custody; authority; procedure; scrapping vehicles.
(1) As used in this section:
(a) “Registered abandoned scrap vehicle” means a vehicle, which meets all of the following requirements:
(i) Is on public or private property.
(ii) Is seven (7) or more years old.
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe would exceed the fair market value of that vehicle.
(iv) Is currently registered in the State of Michigan or displays current year registration plates from another state.
(v) Is not removed within forty-eight (48) hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(b) “Unregistered abandoned scrap vehicle” means a vehicle which meets all of the following requirements:
(i) Is on public or private property.
(ii) Is seven (7) or more years old.
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe would exceed the fair market value of that vehicle.
(iv) Is not currently registered in this state and does not display current year registration plates from another state.
(c) Is not removed within forty-eight (48) hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(2) A police agency may have an unregistered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Take two (2) photographs of the vehicle.
(c) Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:
(i) The year, make, and vehicle identification number, if available.
(ii) The date of abandonment.
(iii) The location of abandonment.
(iv) A detailed listing of the damage or the missing equipment.
(v) The reporting officer’s name and title.
(vi) The location where the vehicle is being held.
(d) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(3) Within twenty-four (24) hours, excluding Saturday, Sunday, and legal holidays, after taking the vehicle into custody, the police agency shall complete a release form and release the vehicle to the towing service or the used vehicle parts dealer or vehicle scrap metal processor, who shall then transmit that release form to the secretary of state and apply for a certificate of the title or certificate of scrapping: Upon receipt of the release form and application, the secretary of state shall issue a certificate of title or certificate of scrapping.
(4) The release form described in subsection (3) shall be furnished by the secretary of state and shall include a certification executed by the applicable police agency when the abandoned scrap vehicle is released. The certification shall state that the police agency has complied with all of the requirements of subsection (2)(b) and (c).
(5) The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than two (2) years. Two (2) photographs taken pursuant to subsection (2)(b) shall be retained by the police agency for not less than two (2) years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.
(6) A police agency may have a registered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(a) Determine if the vehicle has been stolen.
(b) Take two (2) photographs of the vehicle.
(c) Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:
(i) The year, make and vehicle identification number, if available.
(ii) The date of abandonment.
(iii) The location of abandonment.
(iv) A detailed listing of the damage or the missing equipment.
(v) The reporting officer’s name and title.
(vi) The location where the vehicle is being held.
(d) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(e) Within seven (7) days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i) The year, make, and vehicle identification number, if available.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency which had the vehicle taken into custody.
(v) The business address of the custodian of the vehicle.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.
(viii) A form petition which the owner may file in person or by mail with a specified court which requests a hearing on the police agency’s action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within twenty (20) days after the notice may result in the termination of all rights of the owner and the secured party to the vehicle.
(7) The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.7b and 2.7c. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bona with the court in an amount as determined by the court. The owner of the vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(8) If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(9) If the owner does not redeem the vehicle or request a hearing within twenty (20) days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(10) No less than twenty (20) days after the disposition of the hearing described in subsection (7), or if a hearing is not requested, not less than twenty (20) days after the date of the notice described in subsection (6)(e), the police agency shall follow the procedures established in subsection (3) to (5).
Sec. 2.7. Notifying local police agency upon removal of a vehicle from private property; police agency duties upon notification; unclaimed vehicle.
(1) When a vehicle is removed from private property at the direction of a person other than a registered owner of the vehicle or a police agency, the custodian of the vehicle immediately shall notify the police agency in whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police agency to enter the vehicle into the law enforcement information network.
(2) Upon receipt of the notification described in subsection (1), the police agency immediately shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Enter the vehicle into the law enforcement information network.
(3) The owner of the vehicle removed as described in subsection (1) may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police agency of the disposition of the vehicle.
(4) If the vehicle described in subsection (1) is not claimed by the owner within seven (7) days after the police agency has been notified by the custodian that it has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in section 2.5 a(4)(c) and 2.5a(5) through (9) shall apply.
Sec. 2. 7a. Impounding of vehicles; authority; procedure.
(1) A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:
(a) If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
(b) If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction to traffic.
(c) If a vehicle is parked in a posted tow away zone.
(d) If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.
(e) If the vehicle must be seized to preserve evidence of a crime, or when there is a reasonable cause to believe that the vehicle was used in the commission of a crime.
(f) If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or manmade disaster or other emergency.
(g) If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner which impedes the movement of another vehicle.
(h) When a vehicle is left unattended on a bridge, viaduct, causeway, subway, tube, or tunnel where the vehicle constitutes an obstruction to traffic.
(i) When a disabled vehicle on a street constitutes an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury, incapacitated and unable to provide for the vehicle’s custody or removal.
(j) When a vehicle is left unattended on a street and is parked in a manner which constitutes a definite hazard or obstruction to the normal movement of traffic.
(k) When a vehicle is found being driven on the streets or highways in an unsafe condition which endangers persons or property.
(l) When a vehicle is left continuously unattended on a street for more than forty-eight (48) hours and may be presumed to be abandoned.
(m) When the driver of a vehicle is taken into custody by the police department and the vehicle would thereby be left unattended on the street.
(n) When the owner of a vehicle has failed to answer six (6) or more parking violation notices or citations regarding illegal parking issued or served after March 31, 1981.
(2) A police agency which authorizes the removal of a vehicle under subsection (1) shall do all of the following:
(a) Check to determine if the vehicle has been reported stolen.
(b) Within twenty-four (24) hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subdivision does not apply to a vehicle that has been removed from the scene of a motor vehicle traffic accident.
(c) If the vehicle has not been redeemed within ten (10) days after moving the vehicle, send to the registered owner and the secured party as shown by the records of the secretary of state, by first class mail or personal service a notice that the vehicle has been removed; however, if the police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within twenty-four (24) hours after the removal, and if the vehicle has not been redeemed within thirty (30) days and upon complaint from a towing service, the police agency shall send a notice within thirty (30) days after the removal. The notice shall be, by a form furnished by the secretary of state.
(3) The registered owner may contest the fact that the vehicle was properly removed or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.7b and 2.7c. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount equal to the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly removed, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(4) If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(5) If the owner does not redeem the vehicle or request a hearing within twenty (20) days, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle prior to the date of the sale.
(6) Not less than twenty (20) days after the disposition of the hearing described in subsection (3), or if a hearing is not requested, not less than twenty (20) days after the date of the notice described in subsection (2)(c), the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed. The public sale shall be held pursuant to section 2.7d.
(7) If the ownership of a vehicle which has been removed under this section cannot be determined either because of the condition of the vehicle identification numbers, or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the public the vehicle at public sale pursuant to section 2.7b, not less than thirty (30) days after public notice of the sale has been published.
Sec. 2.7b. Venue; fees.
(1) The district court shall have jurisdiction to determine if a police agency has acted properly in the processing of a vehicle under this code.
(2) The court specified in the notice prescribed in section 2.5a, 2.6, 2.7, or 2.7a shall be the court which has territorial jurisdiction at the location from where the vehicle was removed or deemed abandoned. Venue in the district court shall be governed by section 8312 of Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.8312, MSA 27A.83 12), as amended.
(3) If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle shall be used to pay the towing and storage fees.
Sec. 2.7c. Hearing; procedure.
(1) Upon receipt of a petition prescribed in section 2.5a, 2.6, 2.7, or 2.7a signed by the owner of the vehicle which has been taken into custody, the court shall do both of the following:
(a) Schedule a hearing within thirty (30) days for the purpose of determining whether the police agency acted properly.
(b) Notify the owner and the police agency of the time and place of the hearing.
(2) At the hearing specified in subsection (1), the police agency shall have the burden of showing by a preponderance of the evidence that it has complied with the requirements of this article in processing the abandoned vehicle or vehicle removed pursuant to section 2.7a.
(3) After the hearing, the court shall make a decision which shall include one (1) or more of the following:
(a) A finding that the police agency complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under section 2.7a, and an order providing a period of twenty (20) days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within twenty (20) days, the police agency shall dispose of the vehicle pursuant to section 2.6 or 2.7d.
(b) A finding that the police agency did not comply with the procedures established for the processing of an abandoned vehicle or a vehicle removed pursuant to section 2.7a. After making such a finding, the court shall issue an order directing that the vehicle immediately be released to the owner, and that the police agency is responsible for the accrued towing and storage charges.
(c) A finding that the towing and daily storage fees were reasonable.
(d) A finding that the towing and daily storage fees were unreasonable and issue an order directing an appropriate reduction.
Sec. 2.7d. Public sale.
(1) A public sale for a vehicle which has been deemed abandoned under section 2.Sa or 2.7 or removed under section 2.7a shall be conducted in the following manner:
(a) It shall be under the control of the police agency or agent of the police agency.
(b) It shall be open to the public and consist of open auction bidding or bidding by sealed bids. If sealed bids are received, the person submitting the bid shall receive a receipt for the bid from the police agency or agent of the police agency.
(c) Except as provided by sections 2.5a(9) and 2.7a(7), it shall be held not less than five (5) days after public notice of the sale has been published.
(d) The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was abandoned. The public notice shall give a description of the vehicle for sale and shall state the time, date, and location of the sale.
(2) The money received from the public sale of the vehicle shall be applied in the following order of priority:
(a) Towing and storage charges.
(b) Expenses incurred by the police agency.
(c) To the secured party, if any, in the amount of the debt outstanding on the vehicle.
(d) Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.
(3) If there are no bidders on the vehicle, the police agency may do one (1) of the following:
(a) Turn the vehicle over to the towing firm to satisfy any charges against the vehicle.
(b) Obtain title to the vehicle for the police agency or the unit of government the police agency represents, by doing the following:
(i) Paying the towing and storage charges; and
(ii) Applying for title to the vehicle.
(c) Hold another public sale pursuant to subsection (1).
(4) A person who acquires ownership of the vehicle under subsection (1) or (3), which vehicle has been designated as a distressed vehicle, shall make application for a salvage certificate of title within fifteen (15) days after obtaining the vehicle.
(5) Upon disposition of the vehicle, the police agency shall cancel the entry into the law enforcement information network.
Sec. 2.8. “Citation” defined; numbering; form.
(1) As used in the following sections, “citation” means a complaint or notice upon which a police officer shall record an occurrence which involves one (1) or more vehicle law violations by the person cited. Each citation shall be numbered consecutively, shall be in a form determined by the secretary of state, the attorney general, the state court administrator, and the director of the department of state police, and shall consist of the following parts:
(a) The original copy which shall be a complaint or notice to appear issued by the officer and which shall be filed with the court in which the appearance is to be made;
(b) The first copy which shall be retained by the police department;
(c) The second copy which shall be delivered to the alleged violator if the violation is a misdemeanor;
(d) The third copy which shall be delivered to the alleged violator if the violation is a civil infraction.
(2) With the prior approval of the state officials listed in subsection (1), the citation may be appropriately modified as to content or number of copies to accommodate law enforcement and local court procedures and practices. Use of a citation for other than moving violations is optional.
(3) For purposes of the act, a complaint signed by a police officer shall be treated as made under oath if the violation alleged in the complaint is either a civil infraction of a minor offense as defined in section 1 of chapter I of Act No. 175 of the Public Acts of Michigan of 1927 (MCL 761.1, MSA 28.843), as amended, and occurred or was committed in the signing officer’s presence or under circumstances permitting the officer’s issuance of a citation under sections 2.14 and 5.15 of this code, and if the complaint contains the following statement immediately above the date and signature of the officer:
“I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief.”
Sec. 2.10. Issuance of citation for misdemeanor.
(1) When a person is arrested without a warrant for any violation of the act which is punishable as a misdemeanor, or for a violation of a provision of this code which substantially corresponds to any provision of the act, under conditions not referred to in sections 5.4, 5.4a and 5.15, or sections 617, 619, and 727(1), (2), (3) of the act (MCL 257.617, 257.619, 257.727(1), (2), (3); MSA 9.2317, 9.2319, 9.2427(1), (2), (3)), the arresting officer shall prepare, as soon as possible and as completely as possible, an original and three (3) copies of a written citation to appear in court which shall contain the name and address of such person, the offense charged, and the time and place when and where such person shall appear in court. The officer shall inform the offender of the violation and shall give the second copy of the citation to the alleged offender. If such arrested person so demands, rather than being given a citation, the arrested person shall be taken before a magistrate or probate court which has jurisdiction.
(2) The time to appear in court which is specified in the citation shall be within a reasonable time after the arrest, unless the person arrested demands an earlier hearing.
(3) The place to appear in court which is specified in the citation shall be before a magistrate who has jurisdiction over the alleged offense charged in the citation.
(4) When an appearance is made by representation or mail, the magistrate may accept the plea of guilty or not guilty for purposes of arraignment with the same effect as though the person personally appeared before him. The magistrate, by giving five (5) days’ notice of the date of appearance, may require an appearance in person at the time and place designated in the citation.
(5) When a person who is not a resident of this state is arrested without warrant for a violation of the act punishable as a misdemeanor, under conditions not referred to in section 727 of the act (MCL 257.727, MSA 9.2427), the arresting officer, upon demand of the arrested person, immediately shall take the person before a magistrate of the vicinity to answer to the complaint made against the person. If a magistrate is not available or an immediate trial cannot be had, the person arrested may recognize to the officer for his appearance by leaving with the officer a guaranteed appearance certificate or a sum of money not to exceed one hundred dollars ($100.00), in which case the following provisions apply:
(a) The officer making the arrest shall give a receipt to the person arrested for the guaranteed appearance certificate or the moneys deposited together with a written citation as provided in subsection (1).
(b) If the offender fails to appear as required in the citation, the guaranteed appearance certificate or deposit shall be forfeited as in other cases of default in bail in addition to any other penalty provided in this code.
(c) The officer taking a certificate or deposit within forty-eight (48) hours thereafter, excluding Sundays, legal holidays and Saturdays when court is closed, shall deliver the certificate or deposit to the magistrate named in the citation together with a report of the facts relating to the arrest. Failure to make a report and deliver the deposit shall be embezzlement of public money.
(d) “Guaranteed appearance certificate” means a card or certificate containing a printed statement that a surety company authorized to do business in this state guarantees the appearance of the person whose signature appears on the card or certificate, and that the company, if the person fails to appear in court at the time of trial or sentencing or to pay any fines or costs imposed pursuant to the act, will pay any fine, costs, or bond forfeitures imposed on the person in a total amount not to exceed two hundred dollars ($200.00).
Sec. 2.10b. Police officer witnessing civil infraction; stop and detention, citation, purpose; pursuit outside jurisdiction.
(1) A police officer who witnesses a person violating the act or a local ordinance substantially corresponding to the act, which violation is a civil infraction, may stop the person, detain the person temporarily for purposes of making a record or vehicle check, and prepare and subscribe, as soon as possible and as completely as possible, an original and three (3) copies of a written citation, which shall be a notice to appear in court for one (1) or more civil infractions. If a police officer witnesses a person violating the act or a local ordinance substantially corresponding to the act and that violation is a civil infraction, that police officer may pursue, stop, and detain the person outside the township for the purpose of exercising the authority and performing the duties prescribed in this section and section 2. 10i, as applicable.
(2) Any police officer, having reason to believe that the load, weight, height, length, or width of a vehicle or load are in violation of the provisions of sections 717, 719, 719a, 722, 724, 725, or 726 of the act which violation is a civil infraction, may require the driver of the vehicle to stop, and the officer may investigate, weigh, or measure the vehicle or load. If, after personally investigating, weighing, or measuring the vehicle or load, the officer determines that the load, weight, height, length, or width of the vehicle or load is in violation of the provisions of sections 717, 719, 719a, 722, 724, 725, or 726 of the act, the officer may temporarily detain the driver of the vehicle for purposes of making a record or vehicle check and issue a citation to the driver or owner of the vehicle as provided in those sections.
(3) A police officer may issue a citation to person who is a driver of a motor vehicle involved in an accident when, based upon personal investigation, the officer has reasonable cause to believe that the person is responsible for a civil infraction in connection with the accident. A police officer may issue a citation to a person who is a driver of a motor vehicle when, based upon personal investigation by the police officer of a complaint by someone who witnessed the person violating the act or a local ordinance substantially corresponding to the act, which violation is a civil infraction, the officer has reasonable cause to believe that the person is responsible for a civil infraction and if the prosecuting attorney or attorney for the political subdivision approves in writing the issuance of the citation.
(4) The form of a citation issued under subsection (1), (2), or (3) shall be as prescribed in sections 2.8 and 2.10c.
(5) The officer shall inform the person of the alleged civil infraction or infractions and shall deliver the third copy of the citation to the alleged offender.
(6) In a civil infraction action involving the parking or standing of a motor vehicle, a copy of the citation need not be served personally upon the defendant but may be served upon the registered owner by attaching the copy to the vehicle.
(7) If a parking violation notice other than a citation is attached to a motor vehicle, and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by ordinance for the violation are not paid at the parking violations bureau, a citation may be filed with the court in compliance with section 2.10 and a copy of the citation may be served by first-class mail upon the registered owner of the vehicle at the owner’s last known address. A parking violation notice may be issued by a police officer, including a limited duty officer, or other personnel duly authorized by the township to issue such a notice. The citation filed with the court pursuant to this subsection need not comply in all particulars with sections 2.8 and 2.10c but shall consist of a sworn complaint containing the allegations stated in the parking violation notice and shall fairly inform the defendant how to respond to the citation.
(8) A citation issued under subsection (6) or (7) for a parking or standing violation shall be processed in the same manner as a citation issued personally to a defendant pursuant to subsection (1) or (3).
(9) As used in subsection (7):
(a) “Parking violation notice” means a notice, other than a citation, directing a person to appear at a parking violations bureau in the township to pay the fine and costs, if any, prescribed by ordinance for the parking or standing of a motor vehicle in violation of the ordinance.
(b) “Parking violations bureau” means a parking violations bureau established pursuant to section 8395 of Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.8395, MSA 27A.8395), as amended.
Sec. 2.10g. Civil infraction; formal hearings; procedure; fees; counsel; judgment.
(1) A formal hearing shall be conducted only by a judge of a court which has jurisdiction over civil infraction actions under section 2.10a.
(2) In a formal hearing, the person cited may be represented by an attorney, but is not entitled to appointed counsel at public expense.
(3) Notice of a formal hearing shall be given to the prosecuting attorney or township attorney who represents the plaintiff. That attorney shall appear in court for a formal hearing and that attorney shall be responsible for the issuance of a subpoena to each witness for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid to a witness in advance of a formal hearing.
(4) There shall not be a jury trial in a formal hearing.
(5) If the judge determines by a preponderance of the evidence that the person cited is responsible for a civil infraction, the judge shall enter an order against the person as provided in section 907 of the act (MCL 257.907, MSA 9.2607). Otherwise, a judgment shall be entered for the defendant, but the defendant shall not be entitled to costs of the action.
Sec. 2.10i. Compelling person to appear; additional costs.
(1) When a person who is not a resident of this state is stopped for a civil infraction pursuant to section 2.10b of this code, the police officer making the stop shall take that person’s driver’s license as security for the nonresident’s appearance in court and satisfaction of any order which May be issued under section 907 of the act and shall issue to that person a citation as provided in sections 2.8 and 2. 10b. At or before the completion of his tour of duty a police officer taking the driver’s license shall deliver the driver’s license either to the court named in the citation or to the police chief or person authorized by the police chief to receive citations and drivers’ licenses. The police chief or person authorized shall deposit the driver’s license and citation with the court in the same manner as prescribed for citations in section 2.15 of this code. Failure to deliver the license shall be considered contempt of court. If the person does not have a license in immediate possession in violation of section 301 of the act or a license or the receipt described in section 311a ,of the act in violation of section 311 of the act, the officer shall arrest that person pursuant to section 727(4) of the act.
(2) In lieu of the officer’s taking of the license under subsection (1) or before appearance in court, the person stopped may recognize to the officer or to the court for his appearance by leaving with the officer or court a guaranteed appearance certificate or a sum of money not to exceed one hundred dollars ($100.00).
(3) If a magistrate is available for an immediate appearance, upon demand of the person stopped, the officer immediately shall take the nonresident driver before the magistrate to answer to the civil infraction alleged. Upon entry of an admission of responsibility for the civil infraction, with or without explanation, or upon completion of an informal hearing, the defendant’s license shall be returned if judgment is entered for the defendant, if any adverse judgment entered against the defendant is satisfied, or if the defendant leaves with the court a guaranteed appearance certificate or a sum of money not to exceed one hundred dollars ($100.00) as security for payment of any fines or costs ordered. If the nonresident defendant requests a formal hearing, the hearing shall be scheduled as provided in section 2.10g of this code but the defendant’s license shall be retained by the court until final resolution of the matter unless the defendant leaves with the court the guaranteed appearance certificate or deposit as provided in subsection (2) as security for appearance at the scheduled formal hearing.
(4) The officer receiving a guaranteed appearance certificate or deposit of money under subsection (2) shall give a receipt to the person stopped for the guaranteed appearance certificate or the money deposited together with the written citation required under subsection (1).
(5) At or before the completion of his tour of duty a police officer taking a certificate or deposit of money shall deliver the certificate or deposit of money and the citation either to the court named in the citation, or to the police chief or person authorized by the police chief to receive certificates or deposits. The police chief or person authorized shall deposit the certificate or the money deposited and the citation with the court in the same manner as prescribed for citations in section 2.15 of this code. Failure to deliver the money deposited shall be embezzlement of public money.
(6) If the person who posts a certificate or deposit fails to appear as required in the citation or for a scheduled formal hearing, the court having jurisdiction and venue over the civil infraction shall enter a default judgment against the person, and the guaranteed appearance certificate or money deposited shall be forfeited and applied to any civil fine or costs ordered pursuant to section 907 of the act.
(7) For purposes of this section, “guaranteed appearance certificate” means a card or certificate containing a printed statement that a surety company authorized to do business in this state guarantees the appearance of the person whose signature appears on the card or certificate, and that the company, if the person fails to appear in court at the time of a scheduled informal or formal hearing or to pay any fine or costs imposed pursuant to section 907 of the act, will pay any fine, costs, or bond forfeiture imposed on the person in a total amount not to exceed two hundred dollars ($200.00).
Sec. 2.12. Fees.
An officer making an arrest under this code for a misdemeanor without a warrant shall not be entitled to any fees for making the arrest or the issuance of a citation.
Sec. 2.15. Citations; disposition of copies.
(1) At or before the completion of his tour of duty a police officer to whom a citation book has been issued and who has recorded the occurrence of a vehicle law violation upon a citation shall deliver to his police chief or to a person duly authorized by the police chief to receive citations all copies of such citation duly signed. The police chief or a person duly authorized by the police chief shall deposit the original of the citation with the court having jurisdiction over the offense not later than three (3) days after the date of the citation, excluding Saturdays, Sundays, and legal holidays.
(2) The citation shall be considered to have been deposited with the court as required under subsection (1) if the original of the citation is mailed not later than two (2) days after the date of the citation as specified under this subsection. Mailing shall be accomplished by enclosing the original of the citation in a sealed envelope with first class postage fully prepaid, addressed to the court, and depositing the envelope and contents in the United States government mail.
(3) If a citation is spoiled, mutilated, or voided, it shall be endorsed with a full explanation thereof by the police officer voiding the citation, and shall be accounted for to the police officer’s police chief or an authorized designee of the police chief.
(4) Nothing in the act shall prevent a person other than a police officer from applying for criminal complaint for a vehicle law violation which is not a civil infraction, and that person need not show that the alleged offender has been issued a citation in connection with the offense.
Sec. 2.17a. Falsification or illegal disposition of citations; penalties.
Whoever knowingly falsifies a citation, copies of a citation, or a record of the issuance of a citation; disposes of a citation, copy, or record in a manner other than as required in this code; attempts to falsify or dispose of a citation, copy, or record; or attempts to incite or procure another to falsify or dispose of a citation, copy, or record shall be guilty of a misdemeanor.
Sec. 2.17c. Procedure upon arrest for certain offenses.
When a person is arrested without a warrant in any of the following cases, the arrested person shall, without unreasonable delay, be taken before a magistrate who is nearest or most accessible within the judicial district as provided in section 13 of chapter IV of the code of criminal procedure, Act No. 175 of the Public Acts of Michigan of 1927 (MCL 764.13, MSA 28.871(1)), or, if a minor, taken before the probate court
(1) When the person is arrested under section 5.15.
(2) When a person is arrested under section 5.14. If under the existing circumstances it does not appear that releasing the person pending the issuance of a warrant will constitute a public menace, the arresting officer may proceed in such cases as provided by section 2.10.
(3) When a person arrested does not have in his immediate possession a valid operator’s or chauffeur’s license or the receipt described in section 311a of the act (MCL 257.311a, MSA 9.2011(1)). If the arresting officer otherwise satisfactorily determines the identity of the person and the practicability of subsequent apprehension in the event of the person’s failure to voluntarily appear before a designated magistrate or probate court as directed, the officer may release the person from custody with instructions to appear in court, given in the form of a citation as prescribed by section 2.10.
Sec. 2.35a. Parking in a clear vision area; violation as civil infraction.
(1) A vehicle shall not be parked in an area purchased, acquired, or used as a clear vision area adjacent to or on a highway right-of-way. A person shall not conduct vending or other commercial enterprises in a clear vision area.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 2.35b. Standing on a highway; violation as civil infraction.
(1) A vehicle shall not be allowed to stand on a highway unattended without the brakes being set and the motor of the vehicle being stopped. If the vehicle is standing upon a grade, the front wheels of the vehicle shall be turned to the curb or side of the highway.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 2.36. No stopping, standing, or parking zones.
The traffic engineer may determine and designate zones where stopping, standing, or parking is prohibited due to hazardous conditions which may exist or where conditions exist which would cause undue delay to traffic. Such zones shall be designated by posting signs at such locations. The distance between any two (2) such signs shall be that distance determined by the traffic engineer as an appropriate distance. Such zones shall be designated by posting signs reading “Tow-Away Zone.” Such signs shall be posted independently or as an extra panel attached below the posted sign prohibiting stopping, standing, or parking at the location. The distance between any two (2) such signs shall be that distance determined by the traffic engineer as an appropriate distance.
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, restricted turns; through streets; play streets; annual 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.
Sec. 3.2b. False police report; violation as misdemeanor.
(1) It shall be unlawful for any person to willfully and knowingly make to any police officer a fictitious report giving false information relating to a traffic accident or violation of a city traffic or code violation, knowing the same to be false.
(2) A person who violates this section is guilty of a misdemeanor.
Sec. 5.15 Operating motor vehicle while under influence of intoxicating liquor or controlled substance; operating motor vehicle when visibly impaired; operation of motor vehicle by person less than 21 years of age; sanctions; costs; guilty plea or nolo contendere; special verdict; public record; burden of proving religious service or ceremony.
(1) A person, whether licensed or not, shall not operate a 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 vehicles, within the Village of Douglas if either of the following applies:
(a) The person is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(b) The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle 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 motor vehicles, within the Village of Douglas by a person who is under the influence of intoxicating liquor, a controlled substance or a combination of intoxicating liquor and a controlled substance or who has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine (or whose ability to operate the motor vehicle is visibly impaired due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance).
(3) A person, whether licensed or not, shall not operate a 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 vehicles, within the Village of Douglas when, due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, the person’s ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person who is less than 21 years of age, whether licensed or not, shall not operate a 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 vehicles, within the Village of Douglas if the person has any bodily alcohol content. As used in this subsection “any bodily alcohol content” means either of the following:
(a) An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(5) A person, whether licensed or not, shall not operate a vehicle in violation of subsections (1), (3) or (4) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable by one or more of the following:
(a) Community service for not more than 60 days.
(b) A fine of not more than $500.
(c) Imprisonment for not more than 93 days.
In the judgment of sentence under this section, the court may, unless the vehicle is ordered forfeited under MCL 257.625b, order vehicle immobilization as provided by MCL 257.904d.
(6) If a person is convicted for violating subsection (1), the person is guilty of a misdemeanor punishable by one or more of the following:
(a) Community service for not more than 45 days.
(b) Imprisonment for not more than 93 days.
(c) A fine of not less than $100 or more than $500.
(7) A person who is convicted of violating subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100 or more than $500, or both.
(8) A person who is convicted of violating subsection (3), is guilty of a misdemeanor punishable by one or more of the following:
(a) Community service for not more than 45 days.
(b) Imprisonment for not more than 93 days.
(c) A fine of not more than $300.
(9) If a person is convicted of violating subsection (4), all of the following apply:
(a) Except as otherwise provided in subdivision(b), the person is guilty of a misdemeanor punishable by one or more of the following:
(i) Community service for not more than 45 days.
(ii) A fine of not more than $250.
(b) If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or more of the following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.
(iii) Imprisonment of not more than 93 days.
A prior conviction shall be established at sentencing by one or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant’s driving record.
(c) An admission by the defendant.
(10) In addition to imposing the sanctions prescribed under this section, the court may order he person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, CL 760.1 to 776.22.
(11) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person’s activities in that service.
(12) If a person is charged with a violation of subsection (1), (3), or (5), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (4) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the city attorney’s motion.
(13) Except as otherwise provided in subsection (15), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(14) Except as otherwise provided in subsection (15), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person’s ability to operate a motor vehicle was visibly impaired at the time of the violation.
(15) A special verdict described in subsections (13) and (14) is not required if a jury is instructed to make a finding solely as to either of the following:
(a) Whether the defendant was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(16) If a jury or court finds under subsection (13), (14), or (15) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an intoxicating liquor, the court shall do both of the following:
(a) Report the finding to the secretary of state.
(b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under MCL 257.625n or MCL 257.904d.
(17) Except as otherwise provided by law, a record described in subsection (16)(b) is a public record and the department of state police shall retain the information contained on that record for not less than seven years.
(18) In a prosecution for a violation of subsection (4), the defendant bears the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
Sec. 5.15a Arrest without warrant; circumstances; preliminary chemical breath analysis; operator ordered out-of-service; refusal of commercial motor vehicle operator to submit to breath analysis as misdemeanor; provisions applicable to chemical tests and analysis; evidence; availability of test results; presumptions; admissibility of refusal to submit to chemical test.
(1) A peace officer may arrest a person without a warrant under either of the following circumstances:
(a) The peace officer has reasonable cause to believe the person was, at the time of an accident in the Village of Douglas, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section 5.15.
(b) The person is found in the driver’s seat of a vehicle parked or stopped on a highway or street within the Village of Douglas if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of Section 5.15.
(2) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Village of Douglas and that the person by the consumption of intoxicating liquor may have affected his or her ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the Village of Douglas while the person’s blood, breath, or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating liquor, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Village of Douglas while the person had any bodily alcohol content as that term is defined in section 5.15(4), may require the person to submit to a preliminary chemical breath analysis. The following provisions apply with respect to a preliminary chemical breath analysis administered under this subsection:
(a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(b) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in section 5.15c(1) or in an administrative hearing for 1 or more of the following purposes:
(i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does pot limit the introduction of other competent evidence offered to establish the validity of an arrest.
(ii) As evidence of the defendant’s breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant’s breath alcohol content was higher at the time of the charged offense than when a chemical test was administered under subsection (6).
(iii) As evidence of the defendant’s breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant’s breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under subsection (6).
(c) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of sections 5.15c, 5.15d, 5.15e and 5.15f for purposes of chemical tests described in those sections.
(d) Except as provided in subsection (5), a person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction.
(3) A peace officer shall use the results of a preliminary chemical breath analysis conducted pursuant to this section to determine whether to order a person out-of-service under MCL 257.319d. A peace officer shall order out-of-service as required under MCL 367. 319d a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under MCL 257.319d.
(4) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this section shall be advised that refusing a peace officer’s request to take a test described in this section is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service order.
(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(6) The following provisions apply with respect to chemical tests and analysis of a person’s blood, urine, or breath, other than preliminary chemical breath analysis:
(a) The amount of alcohol or presence of a controlled substance or both in a driver’s blood or urine or the amount of alcohol in a person’s breath at the time alleged as shown by chemical analysis of the person’s blood, urine, or breath is admissible into evidence in any civil or criminal proceeding.
(b) A person arrested for a crime described in section 5.15c(1) shall be advised of all of the following:
(i) If he or she takes a chemical test of his or her blood, urine, or breath administered at the request of a peace officer, he or she has the right to demand that a person of his or her own choosing administer 1 of the chemical tests.
(ii) The results of the test are admissible in a judicial proceeding as provided under this ordinance and will be considered with other admissible evidence in determining the defendant’s innocence or guilt.
(iii) He or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.
(iv) If he or she refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court order, but, the peace officer may seek to obtain a court order.
(v) Refusing a peace officer’s request to take a test described in subparagraph (i) will result in the suspension of his or her operator’s or chauffeur’s license and vehicle group designation or operating privilege and in the addition of 6 points to his or her driver record.
(c) A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under section 16215 of the Public Health Code, 1978 PA 368, MCL 333.16215, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer’s request to determine the amount of alcohol or presence of a controlled substance or both in the person’s blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless the withdrawal or analysis is performed in a negligent manner.
(d) A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section 515c(1). A person who takes a chemical test administered at a peace officer’s request as provided in this section shall be given a reasonable opportunity to have a person of his’ or her own choosing administer 1 of the chemical tests described in this subsection within a reasonable time after his or her detention. The test results are admissible and shall be considered with other admissible evidence in determining the defendant’s innocence or guilt. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.
(e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or both in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a city attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.
(f) If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent’s blood shall be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance, or both, in the decedent’s blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to the department of state police.
(g) The department of state police shall promulgate uniform rules in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis may be used for a chemical test described in this subsection if approved under rules promulgated by the department of state police.
(7) The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon the question of whether a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or if the person is less than 21 years of age, whether the person had any bodily alcohol content within his or her body. As used in this section, “any bodily alcohol content” means either of the following:
(a) An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(8) If a chemical test described in subsection (6) is administered, the test results shall be made available to the person charged or the person’s attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least 2 days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.
(9) Except in a prosecution relating solely to a violation of section 5.15(1)(b) or (4), the amount of alcohol in the driver’s blood, breath, or urine at the time alleged as shown by chemical analysis of the person’s blood, breath, or urine gives rise to the following presumptions:
(a) If there were at the time 0.07 grams or less of alcohol per 100 milliliters of the defendant’s blood, per 210 liters of the defendant’s breath, or per 67 milliliters of the defendant’s urine, it is presumed that the defendant’s ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor.
(b) If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant’s blood, per 210 liters of the defendant’s breath, or per 67 milliliters of the defendant’s urine, it is presumed that the defendant’s ability to operate a vehicle was impaired within the provisions of section 515(3) due to the consumption of intoxicating liquor.
(c) If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant’s blood, per 210 liters of the breath, or per 67 milliliters of the defendant’s urine, it is presumed that the defendant was under the influence of intoxicating liquor.
(10) A person’s refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in section 515c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant’s innocence or guilt. The jury shall be instructed accordingly.
New Sec. 5.15b. is added and reserved.
Sec. 5.15c Implied Consent.
(1) A person who operates a vehicle upon a public 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 the Village of Douglas is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine or the amount of alcohol in his or her breath in all of the following circumstances:
(a) If the person is arrested for a violation of section 5.15(1), (3), (4) or (5) or section 5.15a(5), or section 5.15m.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in section 5.15a(6).
Sec. 5.15d Refusal to submit to chemical test; court order; report to secretary of state; form.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 5.15a(6), a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) A written report shall immediately be forwarded to the secretary of state by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in section 5.15c(1), and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the secretary of state.
Sec. 5.15e Notice of receipt of report; request for hearing; contents; failure to request hearing consequences; counsel.
(1) If a person refuses to submit to a chemical test pursuant to section 5.15d, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in section 5.15f. The form of the notice shall be prescribed and furnished by the secretary of state.
(2) The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person’s license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would permitted to represent the person at the hearing.
Sec. 5.15f Effect of failure to request hearing; hearing procedure; notice; authority of hearing. officer; scope of hearing; finding; record; licensing; sanctions; judicial review; notice to motor vehicle administrator of another state.
(1) If a person who refuses to submit to a chemical test pursuant to section 5.15d does not request a hearing within 14 days after the date of notice pursuant to section 515e, the secretary of state shall impose the following license sanctions:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person’s operator’s or chauffeur’s license or permit to drive, or nonresident operating privilege, for 6 months or, for a second or subsequent refusal within 7 years, for 1 year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for 6 months or, for a second or subsequent refusal within 7 years, for 1 year.
(b) If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person’s operator’s or chauffeur’s license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator’s or chauffeur’s license with vehicle group designations, for one year.
(c) If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from and within 10 years of a prior refusal, revoke all vehicle group designations on the person’s operator’s or chauffeur’s license or permit or nonresident privilege to operate a commercial motor vehicle or , if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator’s or chauffeur’s license with vehicle group designations, for not less than 10 years and until the person is approved for the issuance of a vehicle group designation.
(d) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c other than a violation of section 5.15m, impose the license sanction described in subdivision (a) and the license sanction described in subdivision (b) or (c), as applicable.
(2) If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in MCL 257.322. Not less than 5 days’ notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under section 5.15d, and if the city attorney requests receipt of the notice, to the city attorney. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a, reasonable request for an adjournment. Not more than one adjournment shall be granted to a party and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest for the violation. The hearing officer shall not impose any sanction for a failure to comply with these time limits.
(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence, or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, a hearing shall be finally adjudicated within 77 days after the date of arrest. The hearing officer shall not impose any sanction for a failure to comply with this time limit.
(4) The hearing shall cover only the following issues:
(a) Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in section 5.15c(1).
(b) Whether the person was placed under arrest for a crime described in section 5.15c(1).
(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of the rights under section 5.15a(6).
(5) A person shall not order a hearing officer to make a particular finding on any issue enumerated in subsection (4)(a) to (d).
(6) The hearing officer shall make a record of a hearing held pursuant to this section. The record shall be prepared and transcribed in accordance with section 86 of the administrative 1111.procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.286 of the Michigan Compiled Laws. Upon notification of the filing of a petition for judicial review pursuant to MCL 257.323 and not less than 10 days before the matter is set for review, the hearing officer shall transmit to the court in which the petition was filed the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not be transcribed and transmitted if the sole, reason for review is to determine whether the court will order the issuance of a restricted license. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(7) If the person who requested a hearing does not prevail, the secretary of state shall impose the following license sanctions after the hearing:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or a nonresident operating privilege of the person for 6 months or, for a second or subsequent refusal within 7 years, for 1 year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for 6 months or, for a second or subsequent refusal within 7 years, for 1 year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in MCL 257.323.
(b) If the person was operating a commercial motor vehicle, impose the sanction prescribed under subsection (1)(b) or (1)(c), as applicable. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in MCL 257.323.
(c) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c other than a violation of section 5.15m, impose the license sanctions described in subdivisions (a) and (b).
(8) If the person who requested the hearing prevails, the peace officer who filed the report under section 5.15d may, with the consent of the city attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer as provided in MCL 257.323.
(9) When it has been finally determined that a nonresident’s privilege to operate a vehicle in the state has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person’s residence and of each state in which he or she has a license to operate a motor vehicle.
Sec. 5.15g Confiscation and destruction of license; notification of secretary of state.
(1) If a person refuses a chemical test offered pursuant to section 5.15a(6) or submits to the chemical test or a chemical test is performed pursuant to a court order and test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the following:
(a) On behalf of the secretary of state, immediately confiscate the person’s license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the secretary of state.
(b) Except as provided in subsection (2), immediately do all of the following:
(i) Forward a copy of the written report of the person’s refusal to submit to a chemical test required under section 5.15d to the secretary of state.
(ii) Notify the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the person.
(iii) Destroy the person’s driver’s license or permit.
(2) If a person submits to a chemical test offered pursuant to section 5.15a(6) that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection (1)(a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately comply with subsection (1)(b). If the report does not reveal an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person’s license or permit by first-class mail to the address given at the time of arrest.
(3) A temporary license or permit issued under this section is valid for one of the following time periods:
(a) If the case is not prosecuted, for 90 days after issuance or until the person’s license or permit is suspended pursuant to section 5.15f, whichever occurs earlier. The City Attorney shall notify the secretary of state if a case referred to the City Attorney is not prosecuted. The arresting law enforcement agency shall notify the secretary of state if a case is not referred to the City Attorney for prosecution.
(b) If the case is prosecuted, until the criminal charges against the person are dismissed, the person is acquitted of those charges, or the person’s license or permit is suspended, restricted or revoked.
(4) As used in this section, “unlawful alcohol content” means any of the following, as applicable:
(a) If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) If the person tested is not a person described in subdivision (a) or (b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
New Sec. 5.15h-5.151 are added and reserved.
Sec. 5.15m Commercial Motor Vehicles.
(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine shall not operate a commercial motor vehicle within the Village of Douglas.
(2) A peace officer may arrest a person without a warrant under either of the following 11 circumstances:
(a) The peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a commercial motor vehicle involved in the accident and was operating the vehicle in violation of this section.
(b) The person is found in the driver’s seat of a commercial motor vehicle parked or stopped on a highway or street within the Village of Douglas if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of this section.
(3) A person who is convicted of a violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $300.33, or both, together with costs of the prosecution.
New Sec. 5.15n-5.15y are added and reserved.
Sec. 5.15z. Tampering with court-ordered immobilized vehicle; violation as misdemeanor.
(1) 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 pursuant to section 904d (MCL 257.904d) for vehicle immobilization or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized pursuant to section 904d of the Michigan Vehicle Code, 1949 Public Act 300, as added by 1998 Public Act 358.
(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine or not more than $100.00, or both (MCL 257.904e).
Sec. 5.16. Transporting or possession of alcoholic liquor in motor vehicle by person under 21 years of age.
(1) A person less than 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle as an operator or occupant unless the person is employed by a licensee under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, a common carrier designated by the liquor control commission under the Michigan liquor control code of 1998. 1998 PA 58, MCL 436.1101 to 436.2303, the liquor, control commission, or an agent of the liquor control commission and is transporting or having the alcoholic liquor in a motor vehicle under the person’s control during regular working hours and in the course of the person’s employment. This section does not prevent a person less than 21 years of age from knowingly transporting alcoholic liquor in a motor vehicle if a person at least 21 years of age is present inside the motor vehicle. A person who violates this subsection is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703.
(2) Within 30 days after the conviction for a violation of subsection (1) by the operator a motor vehicle, which conviction has become final, the arresting law enforcement officer or the officer’s superior may make a complaint before the court from which the warrant was issued. The complaint shall be under oath and shall describe the motor vehicle in which alcoholic liquor was possessed or transported by the operator, who is less than 21 years of age, in committing the violation and requesting that the motor vehicle be impounded as provided in this section. Upon the filing of the complaint, the court shall issue to the owner of the motor vehicle an order to show cause why the motor vehicle should not be impounded. The order to show cause shall fix a date and time for a hearing, which shall not be less than 10 days after the issuance of the order. The order shall be served by delivering a true copy to the owner not less than three full days before the date of hearing or, if the owner cannot be located, by sending a true copy by certified mail to the last-known address of the owner. If the owner is a nonresident of the state, service may be made upon the secretary of state as provided in section 403.
(3) If the court determines upon the hearing of the order to show cause, from competent and relevant evidence, that at the time of the commission of the violation the motor vehicle was being driven by a person less than 21 years of age with the express or implied consent or knowledge of the owner in violation of subsection (1), and that the use of the motor vehicle is not needed by the owner in the direct pursuit of the owner’s employment or the actual operation of the owner’s business, the court may authorize the impounding of the vehicle for a period of not less than 15 days or more than 30 days. The court’s order authorizing the impounding of the vehicle shall authorize a law enforcement officer to take possession without other process of the motor vehicle wherever located and to store the vehicle in a public or private garage at the expense and risk of the owner of the vehicle. The owner of the vehicle may appeal the order to the circuit court and the provisions of governing the taking of appeals from judgments for damages apply to the appeal. This section does not prevent a bona fide lienholder from exercising rights under a lien.
(4) A person who knowingly transfers title to a motor vehicle for the purpose of avoiding this section is guilty of a misdemeanor.
(5) A law enforcement agency, upon determining that a person less than 18 years of age allegedly violated this section, shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated this section is less than 18 years of age and may be made in person, by telephone, or by first-class mail.
(6) As used in this section, “alcoholic liquor” means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105 (MCL 257.624b).
Sec. 5.16a. Purchase, consumption or possession of alcoholic liquor by person under 21 years of age; attempts, furnishing or use of fraudulent identification to purchase alcoholic liquor.
(1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in this section. Notwithstanding section 909, a minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions, and is not subject to the penalties prescribed in section 909:
(a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (3).
(b) For a violation of this subsection following a prior violation of this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than $200.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (3).
(c) For a violation of this subsection following two or more prior violations of this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than 5530.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, 1978 PA 368, MCI, 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (3).
(2) A person who furnishes fraudulent identification to a minor, or notwithstanding subsection (1) a minor who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(3) The court may order the person convicted of violating subsection (1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in section 6103 of the Public Health Code, 1978 PA 368, MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.
(4) The secretary of state shall suspend the operator’s or chauffeur’s license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan Vehicle Code, 1949 PA 300, MCL 257.319.
(5) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor. A minor who refuses to submit to a preliminary chemical breath, test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.
(6) A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated pursuant to 1968 PA 293, MCL 722.1 to 722.6 allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcoholic liquor in violation of subsection (1) shall notify the parent or parents, custodian or guardian of person as to the nature of the violation if the name of a parent, guardian or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated subsection (1) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating subsection (1), his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(7) This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by the act, by the commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her personal consumption.
(8) This section does not limit the civil or criminal liability of the vendor or the vendor’s clerk, servant, agent, or employee for a violation of this act.
(9) The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this act if the purpose of the consumption is solely educational and is a requirement of the course.
(10) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this act.
(11) Subsection (1) does not apply to a minor who participates in either or both of the following:
(a) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person’s employer and with the prior approval of the local prosecutor’s office as a part of an employer-sponsored internal enforcement action.
(b) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the state police, the commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the state police, the commission, or the local police agency and was not part of the undercover operation.
(12) The state police, the commission, or a local police agency shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of subsection (1), section 80(2) or section 701(1).
(13) As used in this section:
(a) “Probate court disposition” means an order of disposition of the probate court or the family division of the circuit court for a child found to be within the provisions of Chapter XIIA of 1939 PA 288, MCL 712A.1 to 712A.32.
(b) “Work location” means, as applicable, either the specific place or places of employment, or the territory or territories regularly visited by the person in pursuance of the person’s occupation, or both (MCL 436.1703).
Sec. 5.16b. Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.
(1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in the Village of Douglas.
(2) A person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a 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 vehicles in the Village of Douglas, if the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is enclosed or encased, and the container is not readily accessible to the occupants of the vehicle.
(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan Liquor Control Code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 515(4).
(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
Sec. 5.16c. Consumption of liquor prohibited on public highways and other public places.
(1) Alcoholic liquor shall not be consumed on the public highways.
(2) Alcoholic liquor shall not be possessed or consumed in public parks, public places of amusement, or a publicly owned area (an area under the jurisdiction of the township) not licensed to sell for consumption on the premises, except as may be specifically allowed by other ordinance, order, or resolution of the Township Board (MCL 436.34).
(3) A person who violates this section is guilty of a misdemeanor.
Sec. 5.16d Transport or possession of alcoholic liquor by person less than 21 years of age.
(1) A person less than 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle as an operator or occupant unless the person is employed by a licensee under the Michigan Liquor Control Code of 1098, 1998 PA 58, MCL 436.1101 to 436.2303, a common carrier designated by the Liquor Control Commission under the Michigan Liquor Control Code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, the Liquor Control Commission, or an agent of the Liquor Control Commission and is transporting or having the alcoholic liquor in a motor vehicle under the person’s control during regular working hours and in the course of the person’s employment. This section does not prevent a person less than 21 years of age from knowingly transporting alcoholic liquor in a motor vehicle if a person at least 21 years of age is present inside the motor vehicle. A person who violates this subsection is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan Liquor Control Code of 1998, 1998 PA 58, MCL 436.1703.
(2) Within 30 days after the conviction for a violation of subsection (1) by the operator of a motor vehicle, which conviction has become final, the arresting law enforcement officer or the officer’s superior may make a complaint before the court from which the warrant was issued. The complaint shall be under oath and shall describe the motor vehicle in which alcoholic liquor was possessed or transported by the operator, who is less than 21 years of age, in committing the violation and requesting that the motor vehicle be impounded as provided in this section. Upon the filing of the complaint, the court shall issue to the owner of the motor vehicle an order to show cause why the motor vehicle should not be impounded. The order to show cause shall fix a date and time for a hearing, which shall not be less than 10 days after the issuance of the order. The order shall be served by delivering a true copy to the owner not less than 3 full days before the date of hearing or, if the owner cannot be located, by sending a true copy by certified mail to the last known address of the owner. If the owner is a nonresident of the state, service may be made upon the secretary of state as provided in MCL 257.403.
(3) If the court determines upon the hearing of the order to show cause, from competent and relevant evidence, that at the time of the commission of the violation the motor vehicle was being driven by the person less than 21 years of age with the express or implied consent or knowledge of the owner in violation of subsection (1), and that the use of the motor vehicle is not needed by the owner in the direct pursuit of the owner’s employment or the actual operation of the owner’s business, the court may authorize the impounding of the vehicle for a period of not less than 15 days or more than 30 days. The court’s order authorizing the impounding of the vehicle shall authorize a law enforcement officer to take possession without other process of the motor vehicle wherever located and to store the vehicle in a public or private garage at the expense and risk of the owner of the vehicle. The owner of the vehicle may appeal the order to the circuit court and the provisions governing the taking of appeals from judgments for damages apply to the appeal. This section does not prevent a bona fide lienholder from exercising rights under a lien.
(4) A person who knowingly transfers title to a motor vehicle for the purpose of avoiding this section is guilty of a misdemeanor.
(5) A law enforcement agency, upon determining that a person less than 18 years of age allegedly violated this section, shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated this section is less than 18 years of age and may be made in person, by telephone, or by first-class mail.
(6) As used in this section, “alcoholic liquor” means that term as defined in section 105 of the Michigan Liquor Control Code of 1998, 1998 PA 58, MCL 436.1105.
Sec. 5.26a. Driving in a left turn only lane; violation as civil infraction.
(1) On streets where a center lane is clearly indicated by signs as being reserved for the exclusive use of vehicles desiring to turn left, it shall be unlawful to make such a left turn movement from any other lane, and it shall be further unlawful for any vehicle to enter such lane except to make such a left turn movement and then only within the block immediately preceding the intersection at which the turn is made; provided that this section shall not prohibit a left turn movement from this lane to a driveway, when such turn can be made in safety and without interfering with the vehicles lawfully in such lane to make an intersection turn. Provided further that such vehicles shall enter the left turn lane only in the block in which the left turn is to be made.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 5.31a. Required position and method of turning from a roadway at other than an intersection; violation as civil infraction.
(1) Turns from a roadway at other than an intersection, where lawful, shall be made in the same manner and from the same lane as specified in section 5.31 for turns at an intersection.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 5.51. Boarding or alighting from vehicles; hitching to vehicles; violation as civil infraction.
(1) No person shall board or alight from any vehicle while such vehicle is in motion. No person shall climb onto or hitch on any moving vehicle with or without operator’s consent and no operator shall knowingly permit such action.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 5.54. Splashing prohibited; violation as civil infraction.
(1) No driver of a motor vehicle shall operate his vehicle in such manner as to splash snow, water, mud, dirt, or debris on any person lawfully upon the street or highway nor to operate his vehicle in such manner as to splash or throw mud, dirt, gravel, or debris upon any other automobile.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 5.57a. Vehicle operation causing litter; violation as misdemeanor.
(1) It shall be unlawful for any person to drive or move any vehicle or truck within the city, the wheels or tires of which are carrying onto or depositing in any street, alley or public place mud, dirt, clay, sticky substances, litter or, foreign matter of any kind, unless such person violating this section shall remove such material immediately from the street, alley or other public place.
(2) The violation of this section is punishable as a misdemeanor.
Sec. 5.60a. Riding outside of confines of a moving vehicle; violation as civil infraction.
(1) No person shall ride in or operate any motor vehicle unless all portions of such person s body are entirely within that portion of the vehicle designed for the carrying of passengers or merchandise or as otherwise permitted by this Code; provided, however, that this section does not apply to any person whose employment makes it necessary to ride otherwise.
(2) It shall be unlawful for the operator of a vehicle to allow any person to ride in the same motor vehicle unless all portions of such person’s body are entirely within that portion of the vehicle designed for the carrying of passengers or merchandise; provided, however, that this section does not apply to the operator of a motor vehicle whose business makes it necessary to ride otherwise.
(3) A person who violates this section is responsible for a civil infraction.
Sec. 5.62a Operating vehicle if license, registration certificate, or designation suspended, revoked, or denied; penalty.
(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 in MCL 257.212 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 the Village of Douglas.
(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 the Village of Douglas 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 by 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 in MCL 257.212 of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided in this section, 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 existing is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not more than 3 days or less than 93 days or a fine of not more than $100, or both.
(7) This section does not apply to a person who has one currently effective suspension or denial on his or her Michigan driving record under MCL 257.321a and has never been convicted of or received a civil infraction determination for a violation that occurred during that suspension or denial.
(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.
Sec. 5.62b Vehicle Immobilization Required; Duties of Police Officer; Validity of Temporary Vehicle Registration; Duration.
(1) When a peace officer detains the driver of a motor vehicle for a violation of an 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 under MCL 257.226a or .226b.
(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.
Sec. 5.62c Vehicle immobilization; manner; storage; removal.
(1) A court shall order a vehicle immobilized under MCL 257.904d 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 in 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 this 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 by 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 $100.00, or both.
(6) To the extent that any provision herein regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the 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.
Sec. 5.63. Possession and display of license; violation as misdemeanor.
(1) Every driver shall have his operator’s or chauffeur’s license, or the receipt described in section 311a of the act (MCL 257.311a, MSA 9.2011(1)), in his immediate possession at all times when operating a motor vehicle and shall display the license on demand of any police officer, who shall identify himself as such.
(2) The violation of this section is punishable as a misdemeanor.
Sec. 5.66a. Misrepresentation of identity to police officer.
(1) A person shall not furnish to a peace officer false, forged, fictitious, or misleading verbal or written information identifying the person as another person, if the person is detailed for a violation of the Act or of a local ordinance substantially corresponding to a provision of the Act.
(2) A person who violates this section is guilty of a misdemeanor. Further, upon conviction for a violation of this section, the secretary of state shall suspend the license of an operator or chauffeur for 90 days. A second violation within a period of seven years shall result in a suspension for one year.
Sec. 5.66b. False or fictitious license application.
(1) A person shall not use a false or fictitious name or give a false or fictitious address in an application for an operator’s or Chauffeur’s license, or any renewal or duplicate of an operator’s or chauffeur’s license, or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in making an application.
(2) A person who violates this section is guilty of a misdemeanor. Further, upon conviction for a violation of this section, the secretary of state shall suspend the license of an operator or chauffeur for 90 days. A second violation within a period of seven years shall result in a suspension for one year (MCLA 257.324).
Sec. 5.70a. Change of address; notice; violation as civil infraction.
(1) If a person, after making application for or obtaining the registration of a vehicle or certificate of title, moves from the address named in the application as shown on a registration certificate or certificate of title, the person, within ten days after moving, shall notify the secretary of state in writing of the old and new addresses.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 5.70b. Operation of vehicle by nonresident owner without registration, commercial vehicle, pleasure vehicle; nonresidents carrying on business within state.
(1) A nonresident owner, except as otherwise provided in this section, owning any foreign vehicle of a type otherwise subjected to registration hereunder may operate or permit the operation of such vehicle within this state without registering such vehicle in, or paying any fees to, this state subject to the condition that such vehicle at all times when operated in this state is duly registered in, and displays upon it a valid registration certificate and registration plate or plates issued for such vehicle in the place of residence of such owner.
(2) A nonresident owner of a foreign vehicle operated within this state for the transportation of persons or property for compensation, shall register such vehicle and pay the same fees therefore as is required with reference to like vehicles owned by residents of this state, except that the department may issue to the nonresident owners a temporary permit authorizing the operation of the foreign vehicle within this state for a period of ten days, without registering the vehicle, on the payment of a fee as provided in section 802a of the Act. The temporary permit may be in such form as prescribed by, and shall be displayed on such foreign vehicle in a manner determined by the secretary of state.
(3) A nonresident owner of a pleasure vehicle otherwise subject to registration under the Act shall not operate the same for a period exceeding 90 days without securing registration in this state.
(4) Every nonresident, including any foreign corporation carrying on business within this state and owning and operating in such business any vehicle subject to registration as provided in Chapter II of the Act, shall be required to register each such vehicle and pay the same fee therefore as is required with reference to like vehicles owned by residents of this state, except as otherwise provided by law.
(5) A person who violates this section is guilty of a misdemeanor (MCL 257.243).
Sec. 5.70c. Producing evidence of vehicle insurance upon request of police officer.
(1) The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the highways of this state or the operator of the motor vehicle shall produce, pursuant to subsection (2), upon the request of a police officer, evidence that the motor vehicle is insured under Chapter 31 of Act No. 218 of the Public Acts of 1956, as amended, being sections 500.3101 to 500.3179 of the Michigan Complied Laws.
(2) An owner or operator of a motor vehicle who fails to produce evidence under subsection (1) when requested to produce that evidence is responsible for a civil infraction.
(3) A certificate of insurance, if issued by an insurance company, which certificate states that security which meets the requirements of section 3101 and 3102 of Act No. 218 of the Public Acts of 1956, as amended, being section 500.3101 and 500.3102 of the Michigan Compiled Laws, is in force shall be accepted as prima facie evidence that insurance is in force for the motor vehicle described in the certificate of insurance until the expiration date shown on the certificate. The certificate, in addition to describing the motor vehicles for which insurance is in effect, shall state the name of each person named on the policy, policy declaration, or a declaration certificate whose operation of the vehicle would cause the liability coverage of that insurance to become void.
(4) If an owner of a motor vehicle is determined to be responsible for a violation of subsection (1), the court in which the civil infraction determination is entered may require the person to surrender his or her operator’s or chauffeur’s license unless proof that the vehicle has insurance meeting the requirements of section 3102 of Act. No. 218 of the Public Acts of 1956, as amended, is submitted to the court. If the court requires the license to be surrendered, the court shall order the secretary of state to suspend the person’s license and shall forward the surrendered license and a certificate of civil infraction to the secretary of state. Upon receipt of the certificate of civil infraction and the surrendered license, the secretary of state shall suspend the person’s license beginning with the date on which a person is determined to be responsible for the civil infraction for a period of 30 days or until proof of insurance which meets the requirements of section 3102 of Act No. 218
of the Public Acts of 1956, as amended, is submitted to the secretary of state, whichever occurs later. If the license is not forwarded, an explanation of the reason why it is not forwarded shall be attached. A person who submits proof of insurance to the secretary of state under this subsection shall pay a service fee of $10.00 to the secretary of state. The person shall not be required to be examined as set forth in section 320c of the Act.
(5) An owner or operator of a motor vehicle who knowingly produces false evidence under this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $50.00, or both.
(6) Points shall not be entered on a driver’s record pursuant to section 320a of the Act for a violation of this section.
(7) This section does not apply to the owner or operator of a motor vehicle that is registered in a state other than this state or a foreign country or province (MCL 257.318).
Sec. 5.70d. Operation of a vehicle without security.
(1) An owner or registrant of a motor vehicle or motorcycle with respect to which security is required shall not operate the motor vehicle or motorcycle or permit it to be operated upon a public highway in this state without having in full force and effect security complying with this section 3101 or 3103 of the Act.
(2) A person who violates this section is guilty of a misdemeanor. Any other person who operates a motor vehicle or motorcycle upon a public highway in this state with the knowledge that the owner or registrant does not have security in full force and effect is guilty of a misdemeanor. A person convicted of a misdemeanor under this section shall be fined not less than $200.00 nor more than $500.00, imprisoned for not more than 90 days, or both.
(3) A nonresident owner or registrant of a motor vehicle or motorcycle not registered in this state shall not operate or permit the motor vehicle or motorcycle to be operated in this state for an aggregate of more than 30 days in any calendar year unless he or she continuously maintains security for the payment of benefits pursuant to Chapter 31 of 1956 Public Act 218, as amended (MCL 500.3102).
Sec. 5.76. Cowl or fender lamps; running board, courtesy lamps; backing lights; lamps or reflectors; flashing, rotating or oscillating lights; warning lamps; violation as civil infraction or misdemeanor.
(1) A motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare.
(2) A motor vehicle may be equipped with not more than one (1) running board courtesy lamp on each side which shall emit a white or amber light without glare.
(3) Backing lights of red, amber or white may be mounted on the rear of a motor vehicle if the switch controlling the light is so arranged that the light may be turned on only if the vehicle is in reverse gear. The backing, lights when unlighted shall be covered or otherwise arranged so as not to reflect objectionable glare in the eyes of a driver of a vehicle approaching from the rear.
(4) A lamp or reflector on a vehicle, other than those expressly required or permitted by this code, if visible from the front, shall display or, reflect a white or amber light; if visible from either side, shall display or reflect an amber or red light; and if visible from the rear, shall display or reflect a red light, except as otherwise provided by law.
(5) The use or possession of flashing, oscillating or rotating red, blue or amber lights is prohibited except under the following circumstances:
(a) A police vehicle shall be equipped with flashing, rotating or oscillating rd or blue lights, for use in the performance of police duties.
(b) A fire vehicle or ambulance available for public use or for use of the United States, the state, or any unit of the state, whether publicly or privately owned, shall be equipped with flashing, rotating or oscillating red lights and used as required for safety.
(c) A school bus shall be equipped with flashing red lights which shall be actuated by the driver only when the school bus is stopped or stopping on a highway pursuant to section 682 of the act (MCL 257.682, MSA 9.2382). A school bus may also be equipped with a flashing, oscillating or rotating light mounted on the roof of the bus approximately six (6) feet from the rear of the vehicle which displays a white light to the front, side and rear of the bus, which light may be actuated by the driver for use only in inclement weather such as fog, rain or snow, or when the school bus is stopped or stopping on a highway pursuant to section 682 (MCL 257.682, MSA 9.2382), or where conditions hinder the visibility of the school bus.
(d) If authorized by the department of state police, a private motor vehicle owned by a volunteer or paid firefighter, a volunteer ambulance driver, or a licensed ambulance driver or attendant, or an emergency support vehicle used exclusively for emergencies and owned and operated by a federally recognized nonprofit charitable organization may be equipped with flashing, rotating or oscillating red lights for use when responding to an emergency call if when in use he flashing, rotating or oscillating red lights are mounted on the roof section of the vehicle, either as a permanent installation or by means of suction cups or magnets and are clearly visible in a three-hundred-sixty-degree arc from a distance of five hundred (500) feet when in use. A person operating lights governed by this subdivision, at any time other than when responding to an emergency call, is guilty of a misdemeanor.
(e) Flashing, rotating or oscillating amber lights, placed in a position as to be .visible throughout an arc of three hundred sixty (360) degrees, shall be used by a state, county or municipal vehicle engaged in the removal of ice, snow or other material from the highway and in other operations designed to control ice and snow.
(f) A vehicle used to perform public utility service, an automobile service car or wrecker, a vehicle engaged in authorized highway repair or maintenance, a vehicle of a police officer, a vehicle operated by a rural letter carrier, a vehicle utilized for snow removal, a private security guard vehicle as authorized in subsection (7), or a farm tractor may be equipped with flashing, rotating or oscillating amber lights. However, a wrecker may be equipped with flashing, rotating or oscillating red lights which shall be activated only when the wrecker is engaged in removing or assisting a vehicle at the scene of a traffic accident or disablement. The flashing, rotating or oscillating amber lights shall not be activated except in those circumstances that the warning produced by the lights is required for public safety.
(g) A police vehicle, an ambulance or a fire vehicle may display a flashing, rotating or oscillating white light in conjunction with an authorized emergency light as prescribed in this section.
(h) A private motor vehicle of a physician responding to an emergency call may be equipped with and the physician may use flashing, rotating or oscillating red lights mounted on the roof section of the vehicle either as a permanent installation or by means of magnets or section cups and clearly visible in a three-hundred-sixty-degree arc from a distance of five hundred (500) feet when in use. The physician shall first obtain written authorization from the county sheriff.
(i) A person engaged in the manufacture, sale or repair of flashing, rotating or oscillating lights governed by this subdivision may possess the lights for the purpose of employment, but shall not activate the lights upon the highway unless authorized to do so under subsection (6).
(6) A person shall not sell, loan or otherwise furnish a flashing, rotating or oscillating blue or red light designed primarily for installation on an authorized emergency vehicle to a person except a police officer, sheriff, deputy sheriff, authorized physician, volunteer or paid firefighter, volunteer ambulance driver, licensed ambulance driver or attendant of the state, a county or municipality within the state, a person engaged in the business of operating an ambulance or wrecker service, or a federally recognized nonprofit charitable organization which owns and operates an emergency support vehicle used exclusively for emergencies. This subsection does not prohibit an authorized vehicle, equipped with flashing, rotating or oscillating blue or red lights, from being operated by a person other than a person described in this section if the person receives authorization to operate the emergency vehicle from a police officer, sheriff, deputy sheriff, authorized physician, volunteer or paid firefighter, volunteer ambulance driver, licensed ambulance driver or attendant, a person operating an ambulance or wrecker service, or a federally recognized nonprofit charitable organization which owns and operates an emergency support vehicle used exclusively for emergencies, except that the authorization shall not permit the person to operate lights as described in subsection (5)(a), (b), (d), (g) or (h), or to exercise the privileges described in section 3.7. A person who operates an authorized emergency vehicle in violation of the terms of an authorization is guilty of a misdemeanor.
(7) A private motor vehicle of a security guard agency or alarm company licensed pursuant to Act No. 330 of the Public Acts of Michigan of 1968 (MCL 338.105(1) et seq., MSA 18.185(1) et seq.), as amended, may display flashing, rotating or oscillating amber lights. The flashing, rotating or oscillating amber lights shall not be activated on a public highway when a vehicle is in motion.
(8) This section shall not be construed to prohibit, restrict or limit the use of lights authorized or required under sections 697, 697a, and 698a of the act (MCL 257.697, 257.697a and 257.698a, MSA 9.2397, 9.2397(1) and 9.2398(1)), as amended.
(9) A person who violates subsection (1), (2), (3) or (4) is responsible for a civil infraction.
Sec. 5.81. Windshield; obstructions; cleaning devices; wipers; additional equipment violations as civil infraction.
No person shall drive any motor vehicle with the window so damaged or with any sign, poster, or other nontransparent material upon the front windshield, side wings or side or rear windows of such vehicle so as to obstruct the driver’s clear view of the street, or any intersecting street, or with any dangling ornament or other suspended object, except as authorized by law, which in any way obstructs the vision of the driver of the vehicle. No person shall drive any motor vehicle without first removing snow, ice, or frost from the front windshield or side or rear windows of such vehicle.
Sec. 5.82. Mandatory child restraints; violation or civil infraction.
(1) Except as provided in this section, or as otherwise provided by law, a rule promulgated pursuant to Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq), as amended, or federal regulation, each driver transporting a child in a motor vehicle shall properly secure each child in a child restraint system as follows:
(a) Any child less than one (1) year of age in a child restraint system which meets the standards prescribed in 49 C.F.R. 571.213.
(b) Any child one (1) year of age or more but less than four (4) years of age, when transported in the front seat, in a child restraint system which meets the standards prescribed in 49 C.FR. 571.213.
(c) Any child one (1) year of age or more but less than four (4) years of age, when transported in the rear seat, in a child restraint system which meets the standards prescribed in 49 C.F.R. 571.213, unless the child is secured by a safety belt provided in the motor vehicle.
(2) This section does not apply to a nonresident driver transporting a child in this state or to any child being nursed.
(3) This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts under section 710b of the act (MCL 257.710b, MSA 9.2410(2)) or federal law or regulations.
(4) A person who violates this section is responsible for a civil infraction.
(5) Points shall not be assessed for a violation of this section.
(6) The secretary of state may exempt by rules promulgated pursuant to Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.), as amended, a class of children from the requirements of this section, if the secretary of state determines that the use of the child restraint system required under subsection (1) is impractical because of physical unfitness, a medical problem, or body size. The secretary of state may specify alternate means of protection for children exempted under this subsection.
Sec. 5.83. Safety belts; exceptions; requirements.
(1) This section shall not apply to a driver or passenger of:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
(e) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.
(f) A motor vehicle which is not required to be equipped with safety belts under federal law.
(g) A commercial or United States Postal Service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services.
(h) A motor vehicle operated by a rural carrier of the United States Postal Service while serving his rural postal route.
(2) This section shall not apply to a passenger of a school bus.
(3) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this city shall wear a properly adjusted and fastened seat belt, except that a child less than four (4) years of age shall be protected as required in section 5.82. Each driver of a motor vehicle transporting a child four (4) years of age or more but less than sixteen (16) years of age in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened safety belt.
(4) Enforcement of this section by law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of the act.
(5) A person who violates this section is responsible for a civil infraction.
(6) Points shall not be assessed for a violation of this section.
(7) This section shall not apply after April 1, 1989, if, on that date or anytime thereafter, the United States government requires the installation of passive passenger restraints in new automobiles, whether that requirement is by statute, administrative rule, court decision, or in, any other way.
Sec. 5.97. School buses; signs; overtaking, meeting, or passing; violation as misdemeanor; discharge of passengers; signal lights; mirror; evidence of violation; violation as civil infraction.
(1) A school bus shall be painted and shall contain signs on the back and front of the school bus, as approved by the state transportation department and the superintendent of public instruction.
(2) The driver of a vehicle that overtakes or meets a school bus which has stopped and which is displaying two (2) alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than twenty (20) feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. The driver of the school bus, before resuming motion, shall deactivate flashing lights, shall permit stopped traffic to proceed, and shall, when resuming motion, proceed in a manner that will allow congested traffic to disperse by keeping the bus as near to the right side of the road as can be done with safety.
(3) Passengers who cross a road upon being discharged from a school bus shall cross in front of the stopped school bus.
(4) At an intersection where traffic is controlled by an officer or a traffic stop-and-go signal, a vehicle need not be brought to a full stop before passing a stopped school bus, but may proceed past the school bus at a speed not greater than is reasonable and proper, but not more than ten (10) miles an hour, and shall proceed with due caution for the safety of passengers being received or discharged from the school bus.
(5) This section shall be enforceable if signs giving notice of the local traffic regulations are posted on or at the entrance to the area, or part of the area, affected as may be most appropriate or sufficiently legible as to be seen by an ordinarily observant person.
(6) The driver of a vehicle who fails to stop for a school bus as required by subsections (2) to (5), who passes a school bus in violation of subsections (2) to (5) is guilty of a misdemeanor.
(7) A school bus driver shall not stop the bus for the purpose of receiving or discharging passengers unless the bus is completely visible in its stopped position to approaching or overtaking drivers of vehicles for a distance of at least four hundred (400) feet.
(8) The driver of a vehicle on a highway that has been divided into two (2) roadways by leaving, an intervening space, by a physical barrier, or by clearly indicated dividing sections constructed so as to impede vehicular traffic need not stop upon meeting a school bus which has stopped across the dividing space, barrier or section.
(9) A school bus, in addition to other equipment and distinctive marking required by law, shall be equipped with signal lamps mounted as high and as widely spaced laterally as practicable. The lamps shall be capable of displaying to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level. The lights shall have sufficient intensity to be visible from a distance of not less than five hundred (500) feet in normal sunlight and shall be actuated by the driver of the school bus when, but only when, the vehicle is stopped and for a distance of not less than two hundred (200) feet in advance of a stop for the purpose of receiving or discharging school- children.
(10) A school bus shall be equipped with a mirror, convex in shape, which is not less than seven and one-half (71/2) inches in diameter and which is firmly mounted at hood or fender top height in front of the bus. The mirror shall be located on either the left or right side of the bus in a manner so that the seated driver may observe the road from the front bumper forward to the point where direct observation is possible.
(11) In a proceeding for a violation of subsection (2), proof that the particular vehicle described in the citation, complaint or warrant was in violation of subsection (2), together with proof that the defendant named in the citation, complaint or warrant was, at the time of the violation, the registered owner of the vehicle, shall constitute in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
(12) Except as otherwise provided in subsection (2), a person who violates this section is responsible for a civil infraction. A violation of subsection (2) is a misdemeanor.
Sec. 5.100. Freeways, entry, use, stopping restricted; violation as civil infraction.
(1) No person shall stop a vehicle on the paved road of an expressway or on the paved portions of any ramp connecting such expressway to any other street or highway, for the purpose of boarding or discharging passengers or pedestrians.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 6.10. Riding on the roadways and bicycle paths; violation as civil infraction.
(1) Every person operating a bicycle, motorcycle, or motor-driven cycle upon a roadway, shall ride as near to the right-hand side of the roadway as practical, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(2) All motorcycles are entitled to a full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of the lane.
(3) No person operating a motor-driven cycle, a motorcycle, or bicycle, shall pass between lanes of traffic, but may pass on the left of traffic moving in his direction in the case of a two-way street, or on the left or right of traffic in the case of a one-way street, in an unoccupied lane.
(4) This section shall not apply to police officers in the performance of their official duties.
(5) A person who violates this section is responsible for a civil infraction.
Sec. 6.10a. Pedaled bicycle with help of motor; limitation on age of operator; violation as civil infraction.
(1) A pedaled bicycle with help of a motor rated less than one (1) brake horsepower transmitted by friction and not by gear or chain, which produces only ordinary pedaling speeds up to a maximum of twenty (20) mph shall not be operated by a person under fifteen (15) years of age.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 6.10b. Traveling on pedestrian/bicycle paths; violation as civil infraction.
(1) Lanes, trails, and paths designed and/or designated for the use of pedestrians and/or bicycles shall be used exclusively by pedestrians, bicycles and other forms of human-powered transportation.
(2) Motorized vehicles, including but not limited to automobiles, motorcycles; mopeds, and motor-driven cycles, but excepting motorized wheelchairs, are expressly prohibited on all such pedestrian/bicycle lanes, trails and paths.
(3) Livestock and livestock-propelled vehicles, including but not limited to horses, horse-drawn carriages, and ox carts, are also expressly prohibited on all such pedestrian/bicycle lanes, paths, and trails.
(4) A person who violates this section is responsible for a civil infraction.
Sec. 6.23. Motorcycles; protective helmet required; violation as civil infraction.
(1) A person operating or riding on a motorcycle, and any person less than nineteen (19) years of age operating a moped on a public thoroughfare shall wear a brash helmet on his head. Crash helmets shall be approved by the department of state police. This section does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof, which meets or exceeds standards for a crash helmet.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 8.10. Parking prohibited in specified places.
(1) A vehicle shall not be parked, except if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device, in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk, or if there is not a crosswalk, then fifteen (15) feet of the intersection of property lines at an intersection of highways;
(g) Within thirty (30) feet of the approach to a flashing beacon, stop sign, or traffic-control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within thirty (30) feet of on the curb immediately opposite the end of a safety zone, unless a different length is indicated by an official sign or marking;
(i) Within fifty (50) feet of the nearest rail of a railroad crossing;
(j) Within twenty (20) feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within seventy-five (75) feet of the entrance if properly marked by an official sign;
(k) Alongside or opposite a street excavation or obstruction, if the stopping, standing, or parking would obstruct traffic;
(l) On the roadway side of a vehicle stopped or parked at the edge or curb of a street;
(m) Upon a bridge or other elevated highway structure or within a highway tunnel;
(n) At a place where an official sign prohibits stopping or parking;
(o) Within two hundred (200) feet of an accident at which a police officer is in attendance;
(p) In front of a theater;
(q) In a place or in a manner which blocks immediate egress from an emergency exit conspicuously marked as an emergency exit of a building;
(r) In a place or in a manner which blocks or hampers the immediate use of an immediate egress from a fire escape conspicuously marked as a fire escape providing an emergency means of egress from a building;
(s) In a parking space clearly identified by an official sign as being reserved for use by handicappers which is on public property or private property available for public use, unless the person is a handicapper as described in section 1.012b of this code or unless the person is parking the vehicle for the benefit of a handicapper. In order for the vehicle to be parked in the parking space the vehicle shall display one (1) of the following:
(i) A certificate of identification issued under section 675(5) of the act (MCL 257.675(5), MSA 9.2375(5)) to a handicapper on the lower left corner of the front windshield;
(ii) A special registration plate issued under section 803d of the act (MCL 257.803d, MSA 9.2503(4)) to a handicapper;
(iii) A similar certificate of identification issued by another state to a handicapper;
(iv) A similar special registration plate issued by another state to a handicapper.
(t) In violation of an official sign restricting the period of time for or manner of parking;
(u) In a space controlled or regulated by a meter on a public highway or in a publicly owned parking area or structure, if the allowable time for parking indicated on the meter has expired;
(v) On a street in such a way as to obstruct the delivery of mail to a rural mailbox by a carrier of the United States Postal Service.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 8.25. Parking on private property; violation as civil infraction.
(1) No person shall park any motor vehicle on any private property in this governmental unit without the express or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent, or trustee of such property. Complaint for the violation of this section shall be made by the owner, holder, occupant, lessee, agent, or trustee of such property.
(2) A person who violates this section is responsible for a civil infraction.
Sec. 9.3. Penalties, civil infraction and misdemeanor.
(1) It is a misdemeanor for a person to violate this code unless that violation is, by this code or other law of this state, declared to be a civil infraction.
(2) Unless another penalty is provided in this code or by the laws of this state, a person convicted of a misdemeanor for the violation of this code shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days, or both.
(3) A violation of this code which is designated a civil infraction is not a crime and shall not be punishable by imprisonment or a penal fine. A civil infraction shall not be considered a lesser-included offense of any criminal offense.
(4) If a person is determined pursuant to this code to be responsible or responsible “with explanation” for a civil infraction under this code, the judge or district court magistrate may order the person to pay a civil fine of not more than one hundred dollars ($100.00) and costs as provided in subsection (5). Permission may be granted for payment of a civil fine and costs to be made within the specified period of time, or in specified installments, but in the absence of permission being included in the order or judgment, the civil fine and costs shall be payable immediately.
(5) If a civil fine is ordered paid under subsection (4), the judge, referee, or magistrate shall summarily tax and determine the costs of the action, which shall not be limited to the costs taxable in ordinary civil actions, and may include all expenses, direct or indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Except in a civil infraction for parking violation, costs of not less than five dollars ($5.00) shall be ordered. Costs shall not be ordered in excess of one hundred dollars ($100.00). Except as otherwise provided by law; costs shall be payable to the general fund of the plaintiff.
(6) In addition to any civil fine and costs ordered under subsection (4), the judge, referee, or magistrate may order the person to attend and complete a program of treatment, education, or rehabilitation.
(7) A district court magistrate shall impose the sanctions permitted under subsections (4) and (6) only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district.
(8) When a person has received a civil infraction citation for defective safely equipment on a vehicle, the court shall waive any civil fine or costs, upon receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on a citation.
(9) A default in the payment of a civil fine or costs ordered under subsection (4) or an installment thereof may be corrected by any means authorized for the enforcement of the judgment under Chapter 40 of Act No: 236 of the Public Acts of Michigan of 1961 (MCL 600.4001 et seq., MSA 27A.4001 et seq.), as amended, or under Chapter 60 of Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.6001 et seq., MSA 27A.6001 et seq.), as amended.
(10) If a person fails to comply with an order or judgment issued pursuant to this section, within the time prescribed by the court, the driver’s license of that person shall be suspended pursuant to section 321a of the act (MCL 257.321a, MSA 9.2021(1)), until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 9.3a.
Sec. 9.3a. Default in payment.
(1) If a defendant defaults in the payment of a civil fine, costs, or both, or any installment, as ordered pursuant to section 9.3(4), the court, upon the motion of the plaintiff, or upon its own motion, may require the defendant to show cause why the default should not be treated as a civil contempt and may issue a summons or order to show cause and a bench warrant for the arrest of the defendant.
(2) When a corporation or association is ordered to pay a civil fine or costs, the person authorized to make disbursement shall pay the fine or costs, and the failure to do so s fall be civil contempt unless they make the showing required in this section.
(3) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or failure on his part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until the civil fine, costs, or both, or specified part thereof is paid.
(4) If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendants additional time for payment, reducing the amount of payment, or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part.
(5) The term of imprisonment on civil contempt for nonpayment of a civil fine or costs shall be specified in the order of commitment, and shall not exceed one (1) day for each ten dollars ($10.00) of the fine and costs. A person committed for nonpayment of a civil fine or costs shall be given credit towards payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of ten dollars ($10.00) per day.
(6) A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine or costs shall not be discharged from custody until one (1) of the following occurs:
(a) The defendant has been credited with the amount due pursuant to subsection (5).
(b) The amount due has actually been collected through execution of process or otherwise.
(c) The amount due has been satisfied pursuant to a combination of subdivisions (a), (b).
(7) The civil contempt shall be purged upon discharge of the defendant pursuant to subsection (6).
Sec. 10.14. Operation of snowmobile registered in another state or Canada. Repealed.
Sec. 10.32. Time and conditions of operation.
A person shall not operate a snowmobile:
(a) To hunt, pursue, worry, or kill a wild bird or animal.
(b) In any forest, nursery, planting area, or public lands posted or reasonably identifiable as the area of forest reproduction, or in a natural dedicated area when growing stock may be damaged.
(c) On the frozen surface of public waters within one hundred (100) feet of a person, including but not limited to a skater, not in or upon a snowmobile, or within one hundred (100) feet of a fishing shanty or shelter except at the minimum speed required to maintain forward movement of the snowmobile, or on an area which has been cleared of snow for skating purposes, unless the area is necessary for access to the public water.
(d) In or upon private property without written permission of the landowner, when required by the Recreational Trespass Act.
(e) While transporting thereon a bow, unless unstrung, or a firearm, unless securely encased or equipped with or made inoperative by a manufactured key lock trigger closing mechanism.
(f) Within one hundred (100) feet of a slide, ski, or skating area. A snowmobile may enter such an area for the purpose of servicing the area for medical emergencies.
(g) On a railroad or railroad right-of-way, except railroad, public utility, or law enforcement personnel while in the performance of their duties.
Sec. 10. 32a. Restricted areas and times of operation.
The governing body of this governmental unit may by resolution restrict certain areas, except on frozen surface of public waters or on land owned by or under the control of the snowmobilers, and in the event such area or a time is restricted and posted, the use and operation of snowmobiles in such restricted area and/or during such restricted time periods shall be deemed a violation of this code.
Sec. 10.34a. Arrest without warrant.
If a police officer has reasonable cause to believe that a person was, at the time of an accident, the driver of a snowmobile involved in an accident and was driving the snowmobile under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the police officer may arrest the alleged driver of the snowmobile without a warrant.
Sec. 10.39. Operation on roadway prohibited; exceptions.
Section 10.39 is amended in part to add new subparagraphs (d), (e) and (f) as follows:
(d) A person may operate a snowmobile when it is otherwise impossible to gain immediate access to an area adjacent to a public highway, and the right-of-way adjacent and parallel to the roadway for the sole purpose of gaining access to and from the area of operation by the most direct route. Loading or unloading of the snowmobile shall be accomplished with due regard to safety at the nearest possible point to the area of operation.
(e) A person may operate a snowmobile across a public highway, other than a limited access highway, at right angles to the highway, for the purpose of getting from one (1) area to the other when the operation can be done in safety and another vehicle is not crossing the highway at the same time and in the same general area. Such person shall bring his snowmobile to a complete stop before proceeding across a public highway and shall yield the right-of-way to all oncoming traffic.
(f) A person may operate a snowmobile on a highway in a county road system, which is not normally snowplowed for vehicular traffic, and on any snowplowed highway in the county road system which is designated and marked for snowmobile use by the county road commission having jurisdiction.
Sec. 10.41. Operation by persons twelve to sixteen years of age.
Section 10.41 is amended to add new paragraph (d) as follows:
(d) Any person who operates a snowmobile who is less than sixteen (16) years of age in violation of this code shall, upon reporting of such violation of the director of natural resources of the state by any judge of a juvenile court after trial or acceptance by plea of guilty, has his snowmobile safety certificate forthwith suspended by such director. No owner of a snowmobile or parent or legal guardian of a person under the age of sixteen (16) shall permit the use of a snowmobile by such person in violation of this code.
Sec. 10.41a. Operation by persons twelve to sixteen years of age, crossing roadways.
Notwithstanding section 10.39(1)(b), an operator who is at least twelve (12) years of age but less than sixteen (16) years of age may cross a highway or street only if he has a valid snowmobile safety certificate in his immediate possession.”
(Ord. 159, passed 11-22-1999)