§ 28-30 PROOF OF INSURANCE.

   (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.

§ 28-30.1 MAINTENANCE OF PROPER INSURANCE OR SECURITY FOR PAYMENT OF BENEFITS.

   (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

§ 28-30.2 PENALTY FOR VIOLATION OF § 28-30.1.

   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)

§ 28-30.3 REPORTS INVOLVING LAW ENFORCEMENT INFORMATION NETWORK.

   A police agency, upon receiving reliable information that any vehicle registered under this Act has been stolen, shall immediately report the theft through the law enforcement information network. Upon receiving information that a vehicle previously reported as stolen has been recovered, the police agency shall immediately report the fact of the recovery through the law enforcement information network.

(Ord. 2939, passed 2-11-1985)

§ 28-31 ABANDONED VEHICLE — DEFINED.

   As used in this chapter, ABANDONED VEHICLEmeans 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 the written notice to the vehicle.

(Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985)

§ 28-32 SAME — ACTION BY POLICE.

   (a)   If a vehicle remains 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:

      (1)   Determine if the vehicle has been reported stolen;

      (2)   Affix a written notice to the vehicle. The written notice shall contain the following information:

         a.   The date and time the notice was affixed;

         b.   The name and address of the police agency taking the action;

         c.   The name and identification number of the police official affixing the notice;

         d.   The date and time the vehicle must be taken into custody and stored at the owner’s expense or scrapped if the vehicle is not removed;

         e.   The year, make and vehicle identification number of the vehicle, if available.

   (b)   If the 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.

(Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985; Ord. 3120, passed 11-13-1989)

§ 28-33 SAME — PROCEDURE UPON TAKING VEHICLE INTO CUSTODY.

   A police agency which has taken a vehicle into custody shall do 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:

      (1)   The year, make and vehicle identification number of the vehicle, if available.

      (2)   The location from which the vehicle was taken into custody;

      (3)   The date on which the vehicle was taken into custody;

      (4)   The name and address of the police agency which had the vehicle taken into custody;

      (5)   The business address of the custodian of the vehicle;

      (6)   The procedure to redeem the vehicle;

      (7)   The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees;

      (8)   A form petition which the owner may file in person or by mail with the specified Court which requests a hearing on the police agency’s action;

      (9)   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 termination of all rights of the owner and the secured party to the vehicle to the proceeds of the sale.

(Ord. 2129, passed 5-19-1969; Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985)

§ 28-34 SAME — HEARING; REDEMPTION OF VEHICLE.

   The registered owner may contest the fact that the vehicle has been deemed abandoned, or the reasonableness of the towing fees and daily charges, storage fees, by requesting a hearing conducted pursuant to Sections 252e and 252f of the Michigan Vehicle Code, being MCLA §§ 257.1 et seq. 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 as described above is conducted. The owner of a vehicle who requests a hearing may obtain a release of the vehicle by posting a towing and storage bond, in the amount equal to the accrued towing and storage fees, with the Court. 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 deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

   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.

   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.

(Ord. 2129, passed 5-19-1969; Ord. 2854, passed 9-27-1982; Ord. 2939, passed 2-11-1985)

Statutory reference:

   Michigan Vehicle Code, see MCLA 257.252e, 257.252f