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§§ 28-28.2 — 28-28.4 RESERVED.
(a) A person convicted of a violation of § 28-28 of the Flint City Code shall, in addition to any other penalty authorized by law, be liable to the City of flint for the expense of an emergency response to the incident from which the conviction arose.
(b) An emergency response to an incident occurs whenever police, firefighting, emergency medical and/or rescue services of the City of Flint are used as a result of a traffic stop or accident in which the operator of the motor vehicle stopped or, at least, one operator of a motor vehicle involved in the accident, is arrested for operating a motor vehicle while impaired by or under the influence of an alcoholic beverage and/or controlled substance.
(c) The expenses for which a person is liable under this section include the following:
(1) The salaries or wages, including overtime pay, of law enforcement personnel for the time spent in relation to the incident from which the conviction arose, including the arrest of the person convicted, processing the person after arrest, preparing reports on the incident, investigating the incident, and all costs of collecting and analyzing evidence, including determining the blood alcohol content and determining the presence of and identifying controlled substances in the blood.
(2) The salaries or wages, including overtime pay, of Fire Department, emergency medical and/or rescue services personnel for providing firefighting, emergency medical or rescue services in relation to the incident from which the conviction arose.
(3) For a first conviction of § 28-28, a person is liable for 50% of the expenses above or one hundred dollars ($100.00) whichever is lesser;
(4) For a second conviction of § 28-28, a person is liable for expenses above not to exceed two hundred dollars ($200.00).
(5) For a third or any subsequent conviction of § 28-28, a person is liable for one hundred percent (100%) of the expenses above.
(d) The City Council shall adopt, by resolution, a schedule of wages, salaries and overtime rates of law enforcement, firefighting, emergency medical and/or rescue services personnel and the costs allowed by this section; such schedule shall be available to the public from the City Clerk.
(e) Following conviction, the Treasurer shall submit a bill for the expenses of the emergency response to the person convicted by first class mail or by personal service. The bill shall require full payment within thirty (30) days from the date of service.
(f) Any failure by the person convicted to pay the bill for the expenses of the emergency response within thirty (30) days of service shall be considered a default. In case of default, the City may commence civil suit to recover such expenses plus any costs allowed by law.
(Ord. 3141, passed 9-10-1990)
(a) Section 624a of the Michigan Vehicle Code, covering possession of open alcohol in a passenger compartment, as adopted and promulgated by the State of Michigan as Public Act 98 of the Michigan Public Acts of 1991, and as from time to time amended by the State of Michigan (being MCLA §§ 257.624a et seq.; MSA §§ 9.2324(1) et seq.), is hereby adopted by reference by the Flint City Council and placed on file with the City Clerk.
(b) This section shall read as follows:
(1) Except as provided in subsection (2), a person 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 this State.
(2) Exception. 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 this State, 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) Violation as misdemeanor. A person who violates this section is guilty of a misdemeanor.
(4) Chartered vehicle exception. This section does not apply to a passenger in a chartered vehicle authorized to operate by the Michigan Department of Transportation.
(Ord. 3295, passed 4-10-1995)
A person who is less than twenty-one (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 this State if the person has any bodily alcohol content. As used in this subsection,
ANY BODILY ALCOHOL CONTENT means either of the following:
(a) A blood alcohol content of not less than 0.02% or more than 0.07% by weight of alcohol.
(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.
(Ord. 3294, passed 4-10-1995)
(a) No person, having boarded a trolley coach or motor coach, shall so stand or remain therein as to prevent its operator from having, while in his customary position to operate it, a completely clear, unobstructed view of objects outside the vehicle either ahead of it or to the operator’s left or to his right, or from having a completely clear, unobstructed view of the frontmost door of the vehicle.
(b) Any person, having boarded a trolley coach or motor coach and so standing or remaining therein as to prevent the operator of such vehicle from having the completely clear, unobstructed views described in section (a), shall, upon request of the operator, promptly so remove himself from such position as to afford the operator such views.
(c) The owner of a trolley coach or motor coach shall post such signs within said trolley coach or motor coach as will reasonably inform any person boarding said coach of the requirements of this ordinance and shall designate by a red line the area which must not be occupied by any person boarding said coach in complying with sections (a) and (b) hereof.
(Ord. 860, passed 5-23-1949)
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