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(a) When a peace officer detains the driver of a motor vehicle for a violation of a local ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:
(1) Immediately confiscate the vehicle’s registration plate and destroy it.
(2) 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 MCLA § 257.226a or § 257.226b.
(3) Place the temporary vehicle registration plate on the vehicle in the manner required by the Secretary of State.
(4) 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.
(b) 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.
(Ord. 3443, passed 10-11-1999)
§§ 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)
(a) The owner or operator of a motor vehicle who operates or permits its operation upon the highways of this State shall produce, in accordance with the provisions of subsection (b) of this section, upon the request of any peace officer, evidence that the vehicle is an insured motor vehicle.
(b) An owner or operator of a motor vehicle who fails to produce evidence when requested to do so or within seventy-two (72) hours thereafter is guilty of a civil infraction. A certificate of insurance, if issued by an insurance company, stating that there is in force a liability policy meeting the requirements of the Motor Vehicle Accident Claims Act of the State, shall be accepted as prima facie evidence of insurance being in force until the expiration date shown on the certificate. The certificate shall state the name of each person named on the policy, policy declarations or declaration certificate whose operation of the vehicle causes the liability coverage to become void.
(c) Every owner or operator of a motor vehicle who knowingly produces false evidence under this section is guilty of a misdemeanor. In addition, his operator’s or chauffeur’s license or motor vehicle registration, or both, may be suspended by the Secretary of State for a period of not more than one year.
(d) Where the owner or operator of a motor vehicle is convicted under this section, the license plates and registrations shall be forwarded by the Court to the Department of State for cancellation unless he produces evidence that there was in force a liability policy meeting the minimum requirements of the Motor Vehicle Accident Claims Act of this State with respect to the operation of the motor vehicle at the time the offense was committed.
(e) This section does not apply to the owner or operator of a motor vehicle that is registered in a County, State or province other than this State.
(Ord. 2237, passed 11-16-1970; Ord. 2671, passed 10-23-1978; Ord. 3207, passed 6-8-1992)
Statutory reference:
Motor Vehicle Accident Claims Act, see MCLA 257.1101 et seq.
(a) For the purposes of this section the following phrases shall have the meanings ascribed to them below.
MOTOR VEHICLE. A vehicle, including a trailer operated or designated for operation upon a public highway by power other than muscular power which has more than two (2) wheels. MOTOR VEHICLE does not include a motorcycle, or a moped as defined in Section 32b of Act 300 of the Public Acts of 1949, as amended, being MCLA § 257.32b, and MSA § 9.1832(2).
MOTORCYCLE. A vehicle having a saddle or seat for the use of the rider, designed to travel on not more than three (3) wheels in contact with the ground, which is equipped with a motor that exceeds fifty (50) cubic centimeters piston displacement. The wheels on any attachment to the vehicle shall not be considered as wheels in contact with the ground. MOTORCYCLE does not include a moped, as defined by Section 32b of Act 300 of the Public Acts of 1949, as amended, being MCLA § 257.32b, and MSA § 9.1832(2).
SECURITY FOR THE PAYMENT OF BENEFITS. Any policy of insurance, certificate of self-insurance as issued by the Secretary of State or any other method affording security equivalent to that afforded by a policy of insurance, if proof of the security is approved by the Secretary of State and filed and continuously maintained with the Secretary of State throughout the registration period of a particular vehicle, as required by Michigan State Law, being Public Act 294 of the Michigan Public Acts of 1972, as amended, being MCLA §§ 500.3101 et seq., and MSA §§ 24.13101 et seq.
(b) (1) The owner or registrant of a motor vehicle required to be registered in this State shall maintain security for the payment of benefits under personal protection insurance, property protection insurance and residual liability insurance. Such security shall be in effect continuously during the period of registration of the motor vehicle.
(2) The owner or registrant of a motor vehicle who is not a resident of the State of Michigan, whose vehicle is not registered with the State of Michigan, shall not operate or permit the vehicle to be operated within the City of Flint for an aggregate of more than thirty (30) days for any calendar year unless he or she maintains security for the payment of benefits as required by Michigan State law.
(3) Any owner or registrant of a motorcycle shall provide security as required by Michigan State law against loss resulting from liability imposed by law for property damage, bodily injury or death suffered by a person arising out of the ownership, maintenance or use of that motorcycle. Such security shall comply with the requirements set forth in MCLA § 500.3009.
(c) Any owner or registrant of a motor vehicle or a motorcycle as defined above, which is required by this section or by any section of Act 294 of the Public Acts of 1972, as amended, to maintain appropriate security, who operates such motor vehicle or motorcycle or permits it to be operated upon a public highway within the City of Flint without having the required security in full force and effect shall be guilty of a misdemeanor.
(d) Any other person who operates a motor vehicle, or a motorcycle as defined above upon a public highway in this City with the knowledge that the owner or registrant of such vehicle does not have the required security in full force and effect is guilty of a misdemeanor.
(Ord. 2827, passed 3-8-1982)
Statutory reference:
Insurance Code of 1956, see MCLA 500.3101 et seq., 500.3101a, 500.3009 et seq.
Michigan Vehicle Code, see MCLA 257.32b
Any conviction of a civil infraction under § 28-30.1 shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00). However, if the defendant produces proof of insurance at or before the time responsibility is established either by a plea of responsibility or a finding of responsibility either at a hearing or by default, the defendant shall be fined not more than five hundred dollars ($500.00).
(Ord. 2827, passed 3-8-1982; Ord. 3207, passed 6-8-1992)
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