The following changes which modify the said Uniform Traffic Code are hereby adopted.
(A) Section 1.018a is added to read as follows.
Sec. 1.018a. Operate.
“Operate” or “operating” means being in actual physical control of a vehicle regardless of whether or not the person is licensed as an operator or chauffeur.
(B) Sections 2.5a through 2.5g are amended to read as follows.
(1) As used in this division (B)(1), ABANDONED VEHICLE means 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 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.
(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 the 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 termination 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 2.5e and 2.5f. 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 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 property 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 2.5g.
(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 2.5 g, not less than thirty (30) days after public notice of the sale has been published.
Sec. 25.b. Abandoned scrap vehicle procedures.
(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 as required by section 5.71 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 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 as required by section 5.71 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.
(v) Is rot 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.
Should read Sec. 2.5b.
(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 a 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 a certificate of scrapping. Upon receipt of the release form and application, the Secretary of State shall issue a certificate of title or a 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 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. The 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 the 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 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 2.5e and 2.5f. 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 as determined by 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 property 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 or she 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) Not 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)(3), the police agency shall follow the procedures established in subsections (3) to (5).
Sec. 2.5c. Vehicle removed from private property.
(1) When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or a police agency, the custodian of the vehicle immediately shall notify the police agency from 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 is has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in section 2.5a (4) (c) to (9) shall apply.
Sec. 2.5d. Vehicle removed by police.
(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 of 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 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 human-made 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.
(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 is 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 hours after the removal, and if the vehicle has not been redeemed within thirty (30) days and upon complaint from the towing service, the police agency shall send the notice within thirty (30) after the removal. The notice shall be by a form furnished by the Secretary of State. The notice form shall contain the following information:
(i) The year, make, and vehicle identification number of the vehicle.
(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 location where the vehicle is being held.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the towing and daily storage fees.
(viii) 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.
(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 termination of all lights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.
(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 2.5e and 2.5f. 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 or she 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 with twenty (20) days, the secured patty 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 2.5g.
(7) If the ownership of the 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 vehicle at public sale pursuant to section 2.5g, not less than thirty (30) days after public notice of the sale has been published.
Sec. 2.5e. Abandoned vehicle, jurisdiction of court.
(1) The following courts shall have jurisdiction to determine if a police agency has acted properly in processing a vehicle under section 2.5a, 2.5b(6) to (10), 2.5c, or 2.5d:
(a) The district court.
(b) A municipal court.
(c) The common pleas court of the City of Detroit.
(2) The court specified in the notice prescribed in section 2.5a(4)(c), 2.5b(6), 2.5c(4), or 2.5d(2)(c) 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. 136 of the Public Acts of 1961, as amended, being section 600.8312 of the Michigan Compiled Laws.
(3) If the owner tails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle under section 2.5a, 2.5b, 2.5c, or 2.5d shall be used to pay the towing and storage fees.
Sec. 2.5f. Abandoned vehicle, duties of court.
(1) Upon receipt of a petition prescribed in section 2.5a, 2.5b, 2.5c, or 2.5d, 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 act in processing the abandoned vehicle or vehicle removed pursuant to section 2.5d.
(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 2.5d, 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 2.5b or 2.5g.
(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 2.5d. 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. 2.5g. Abandoned vehicle, public sale.
(1) A public sale for a vehicle which has been deemed abandoned under section 2.5a or 2.5c or removed under section 2.5d 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 2.5d(7), it shall be held not less than five (5) days after public notice of the sale has been published. and
(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.
(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 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.
(ii) Applying for title to the vehicle.
(c) Hold another public sale pursuant to subsection (1).
(4) A person who acquires ownership of a 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.
(C) The following provisions in Sec. 5.15 are amended to read as follows.
Sec. 5.15. Driving while intoxicated or visibly impaired.
(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 this village 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 a blood 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 this village by a person who is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, who has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or 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 this village 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 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 village 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 subsection (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 as follows:
(a) Community service of 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 section MCL 257.625b, order vehicle immobilization as provided in section 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 of 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.
(10) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the Code of Criminal Procedure, 1927 PA 175, MCL 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 the village for the cost of supervision incurred by the state or the village 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), or MCL 275.625m, 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 prosecuting 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 sections 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.
(19) If a person refuses a chemical test offered pursuant to section MCL 257.625a(6) or this ordinance, or submits to a chemical test or a chemical test is performed pursuant to a court order and the 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, pursuant to MCL 257.625g 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 MCL 257.625d 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.
(20) If a person submits to a chemical test offered pursuant to section MCL 257.625a(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 the test shall comply with subsection (l)(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 (l)(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 to arrest.
(21) A temporary license or permit issued pursuant to MCL 257.625g as provided for in 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 MCL 257.625f, whichever occurs earlier. The prosecuting attorney shall notify the Secretary of State if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the Secretary of State if a case is not referred to the prosecuting 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.
(22) 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 67 milliliters of urine.
(c) If the person tested is not a person described in subsection (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.
Sec. 5.15a. Motor vehicles: Driving under the influence of intoxicating liquor; test, evidence.
(1) A peace officer, without a warrant, may arrest a person when the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a vehicle involved in the accident in the Village of Holly while in violation of section 5.15(1), (3) or (4).
(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 general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in the Village of Holly, and that the person by 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 vehicle within the Village of Holly while the person’s blood contained any measurable amount of alcohol by weight, or while the person had any detectable presence of intoxicating liquor, or reasonable cause to believe that a person who is less than twenty-one (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 Holly, 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 shall apply with respect to a preliminary chemical breath analysis:
(a) A peace officer may arrest a person based in sole 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(l) or in an administrative hearing solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. this subdivision does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(c) A person who submits to a preliminary chemical breath analysis shall remain subject to the requirements of sections 5.15c or 5.15d, for the purposes of chemical tests described in those sections.
(d) Except as provided in subsection (4), 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 person who is operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this section, shall be advised that refusal of the request of a police officer to take a test described in this section is a misdemeanor, punishable by imprisonment for not more than ninety (90) days or a fine of not more than Five Hundred ($500) Dollars, or both, and will result in the issuance of a twenty-four (24) hour out-of-service order.
(4) A person who is operating a commercial vehicle and who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a police officer is guilty of a misdemeanor, punishable by imprisonment for not more than ninety (90) days, or fine of not more than Five Hundred ($500) Dollars, or both.
(5) 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 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(l) shall be advised of all of the following:
(i) That 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 one (1) of the chemical tests; that the results of the test are admissible in a judicial proceeding as provided under this act and shall be considered with other competent evidence in determining the innocence or guilt of the defendant; and that he or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.
(ii) That 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 such a court order.
(iii) That his or her refusal of the request of a peace officer to take a test described in subparagraph (i) shall result in the suspension of his or her operator’s or chauffeur’s license or operating privilege, and in the addition of six (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 a licensed nurse or medical technician under the direction of a licensed physician and qualified to withdraw blood acting in a medical environment, at the request of a peace officer, may withdraw blood for the purpose of determining 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 shall not attach to a qualified person 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 5.15c(l). A person who takes a chemical test administered at the request of a peace officer, as provided in this section, shall be given a reasonable opportunity to have a person of his or her own choosing administer one (1) of the chemical tests described in this section within a reasonable time after his or her detention, and the results of the test shall be admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged shall be 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 the purpose of medical treatment, the results of a chemical analysis of that sample shall be 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 prosecuting 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 shall not be 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 for the purpose of determining the amount of alcohol or the presence of 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.
(6) The provisions of subsection (5) relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not 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 a blood alcohol content of 0.10 percent or more, or if the person is less than twenty-one (21) years of age whether the person had any bodily alcohol content within his or her body. As used in this section, “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.
(7) If a chemical test described in subsection (3) is administered, the results of the test 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 two (2) days before the day of the trial. The results of the test shall be offered as evidence by the prosecution in that trial. Failure to fully comply with the request shall bar the admission of the results into evidence by the prosecution.
(8) Except in a prosecution relating solely to a violation of section 5.15(2), the amount of alcohol in the driver’s blood at the time alleged as shown by chemical analysis of the person’s blood, urine or breath shall give rise to the following presumptions.
(a) If there was at the time 0.07 percent or less by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant’s ability to operate a 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 was at the time in excess of 0.07 percent but less than 0.10 percent by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant’s ability to operate a vehicle was impaired within the provisions of section 5.15(3) due to the consumption of intoxicating liquor.
(c) If there was at the time 0.10 percent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
(9) A person’s refusal to submit to a chemical test as provided in subsection (3) shall be admissible in a criminal prosecution for a crime described in section 5.15c(l) only for the purpose of showing that a test was offered to the defendant, but not as evidence in determining innocence or guilt of the defendant. The jury shall be instructed accordingly.
Sec. 5.15b. Operating Commercial Vehicle Under Influence.
From and after January 1, 1993:
(1) A person, whether licensed or not, whose blood contains 0.04% or more but not more than 0.07% by weight of alcohol shall not operate a commercial motor vehicle within the state.
(2) A police officer may, without a warrant, arrest a person if the police 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 or of a local ordinance substantially corresponding to this section.
(3) A person who is convicted of a violation of this section or a local ordinance substantially corresponding to this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $300.00, or both, together with costs of the prosecution. Further, as required by section 257.625m(3) of the Michigan Vehicle Code, as part of the sentence, the court shall order the Secretary of State to suspend the vehicle group designations on the person’s operator’s or chauffeur’s license pursuant to section 257.319b(l)(c) of the Michigan Vehicle Code or, if the vehicle was carrying hazardous material required to have a placard pursuant to 49 C.F.R. parts 100 to 199, in accordance with section 257.319b(l)(d) of the Michigan Vehicle Code. The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle.
Sec. 5.15c. Implied consent; blood sample from killed driver.
(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 Holly 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, in all of the following circumstances:
(a) If the person is arrested for a violation of section 5.15(1), (3) or (4).
(b) If the person is arrested for felonious driving, negligent homicide, manslaughter or murder resulting from the operation of a motor vehicle, and the peace officer has reasonable grounds to believe that the person was operating the vehicle while impaired or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance, or while having a blood alcohol content of 0.10 percent or more, or if the person is less than twenty-one (21) years of age while having any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following:
(i) A blood alcohol content of not less than 0.02% or more than 0.07% by weight of alcohol.
(ii) Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in section 5.15a(3).
Sec. 5.15d. Right to refuse chemical test.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 5.15a(3), 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(l) 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. 5.15f. Suspend or revoke; hearing.
(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 of the date of notice pursuant to section 5.15e, the Secretary of State shall suspend or deny the person’s operator’s or chauffeur’s license or permit to drive, or nonresident operating privilege, for a period of 6 months, or for a second or subsequent refusal within a period of 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 deny to the person the issuance of a license or permit for a period of 6 months, or for a second or subsequent refusal within a period of 7 years, for 1 year.
(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 section 257.322 of the Michigan Vehicle Code. A person shall not order a hearing officer to make a particular finding on any issue enumerated under subdivisions (a) to (d). 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 prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the county where the arrest was made. 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 1 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 and shall, 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, be finally adjudicated within 77 days after the date of arrest. 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(l).
(b) Whether the person was placed under arrest for a crime described in section 5.15c(l).
(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(3).
(3) The hearing officer shall make a record of proceedings held pursuant to subsection (2). The record shall be prepared and transcribed in accordance with section 86 of the Administrative 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 section 257.323, the hearing officer shall transmit to the court in which the petition was filed, not less than 10 days before the matter is set for review, 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 or not 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 parry 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.
(4) After a hearing, if the person who requested the hearing does not prevail, the Secretary of State shall suspend or deny issuance of a license or driving permit or a nonresident operating privilege of the person for a period of 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 deny to the person the issuance of a license or permit for a period of 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 attest was made to review the suspension or denial as provided in section 323 of the Michigan Vehicle Code. If after the hearing the person who requested the hearing prevails, the peace officer who filed the report under section 5.15d may, with the consent of the prosecuting 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 section 323 of the Michigan Vehicle Code.
(5) When it has been finally determined that a nonresidents’ 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. Chemical Test Refusal
(1) If a person refuses a chemical test offered pursuant to section 5.15a(3), or submits to the chemical test and the test reveals a blood alcohol content of 0.10% or more by weight of alcohol, 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 that is valid until the criminal charges against the person are dismissed, or until the person pleads guilty or nolo contendere to, or is found guilty of, those charges. 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 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) Except as provided in subsection (2), destroy the person’s driver’s license or permit.
(2) If a person submits to a chemical test offered pursuant to section 5.15a(3) that requires the withdrawal of blood 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 (l)(a) pending receipt of the test report. If, upon receipt, the report reveals a blood alcohol content of 0.10% or more by weight of alcohol, the peace officer who requested the person to submit to the test shall immediately comply with subsection (l)(b). If, upon receipt, the report reveals a blood alcohol content of less than 0.10% by weight of alcohol, 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.
Sec. 5.15h. Preliminary chemical breath analysis
(1) 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 general public, including an area designated for the parking of vehicles, in the state, and that the person by the consumption of intoxicating liquor may have affected his or her ability to operate a vehicle, may require the person to submit to a preliminary chemical breath analysis.
(2) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(3) The results of a preliminary chemical breath analysis shall be admissible in a criminal prosecution for a crime enumerated in section 5.15a(l) or in an administrative hearing under section 5.15f, solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. This subsection does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(4) A person who submits to a preliminary chemical breath analysis shall remain subject to the requirements of sections 5.15a, 5.15c, 5.15d, 5.15e, and 5.15f for the purposes of chemical tests described in those sections.
(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.
(6) Section 5.15g shall apply to a preliminary chemical breath analysis.
Sec. 5.15i. Vehicle Immobilization
The following are the procedures utilized when vehicle immobilization is authorized by state law.
(1) When a peace officer detains the driver of a motor vehicle for a violation of a law of this state or local ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:
(a) Immediately confiscate the vehicle’s registration place 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 section MCL 257.226a or 257.226b.
(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 required 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 as provided for in this section is, pursuant to MCL 257.625g, valid until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those changes, or the person is found guilty of or is acquitted of those changes.
(3) A court shall order a vehicle immobilized under section 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 this section to pay the cost of immobilizing and storing the vehicle.
(4) 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, MCL 205.93 without a court order.
(5) 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.
(6) 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.
(7) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not move than 93 days or a fine of not more than $100.00, or both.
(8) To the extent that another village ordinance regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the village ordinance is preempted.
(9) 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.
(10) The court shall require the defendant or a person who provided immobilization services to the court under this section to certify that a vehicle ordered immobilized by the court is immobilized as required.
Sec. 5.15j. Emergency Response Cost Recovery
(1) Purpose and Intent.
This section is adopted for the purpose and intent of requiring the reimbursement of costs inclined by the Village of Holly in making emergency responses to accidents or incidents involving persons who operate motor vehicles while under the influence of or impaired by intoxicating liquor or a controlled substance, or a combination thereof.
(2) Definitions.
When used in this section, the following terms shall have the following meanings:
Emergency Response means the dispatch, provision or utilization of police, fire fighting, emergency medical and/or rescue services by the village or by a law enforcement agency or private individual or entity operating at the request or direction of the village in connection with an incident resulting in a traffic stop or arrest, or at an accident involving a motor vehicle where one or more of the drivers were operating a motor vehicle while impaired by, or under the influence of intoxicating liquor or a controlled substances or a combination of intoxicating liquor and a controlled substance.
Expense of an emergency response means the direct and reasonable costs incurred by the village or a private person or entity operating at the request or direction of the village, when making an emergency response to the accident or incident, including the costs of providing law enforcement, firefighting, and emergency medical and/or rescue services at the scene. These costs further include, but are not limited to, all the salaries and wages of the personnel responding to the incident, all salaries and wages of the village personnel engaged in investigation, supervision and report preparation, all costs connected with the administration and provision of all chemical tests of his or her blood, breath, or urine and all costs related to any prosecution of the person causing the incident.
(3) Liability for expense of an emergency response.
(a) Person responsible. Any person is liable for the expense of an emergency response, if while under the influence of intoxicating liquor and a controlled substance, or the combined influence of an intoxication liquor or a controlled substance, such person’s operation of a motor vehicle proximately creates or causes any incident or accident resulting in an emergency response.
(b) Presumptions. For the purpose of this section, a person is under the influence of intoxicating liquor or a controlled substance, or the combined influence of an intoxicating liquor or a controlled substance, when his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person of ordinary prudence. Further, it shall be presumed that a person was operating a motor vehicle while under the influence of intoxicating liquor if a chemical analysis of his or her blood, urine, or breath indicates that the amount of alcohol in his or her blood was in excess of seven one-hundredths of one percent (0.07)
(c) Charge against person. The expense of an emergency response shall be a charge against the person liable for the expenses under this section. The charge constitutes a debt of that person and is collectible by the village in the same manner as in the case of an obligation under a contract, express or implied.
(d) Cost of recovery schedule. The village shall, by resolution, adopt a schedule of the costs included within the expenses of an emergency response. This schedule shall be available to the public from either the Village Clerk or the law enforcement agency.
(e) Billing. The Village Clerk, or the Clerk’s designee, may within thirty (30) days of receiving the itemized costs, or any part thereof, incurred by the village for emergency response, submit a bill for these costs by first class mail or personal service to the person liable for the expenses as enumerated under this article. The bill(s) shall require full payment in thirty (30) days from the date of service.
(f) District Court. The 52-2 Judicial District Court is authorized to collect the above-described debt for the village as part of a sentence of a person deemed liable for the expense and may charge a service fee for such collection in an amount mutually agreed upon by the court and the village. If the 52-2 District Court imposes costs as part of a sentence in an amount different than set hereunder, the Clerk shall adopt that sum as the expense of an emergency response in lieu of the schedule of costs adopted by the Village.
(g) Failure to pay; procedure to recover costs. Any failure by the person described in this article as liable for the expense of an emergency response, to pay the bill within thirty (30) days of service shall be considered to be in default. The failure to pay may further be considered a violation of probation if the payment was ordered by the court at the time of sentencing. The village may commence civil suit to recover the expenses and all costs allowed by law.
(D) The following provisions in Sec. 5.62a are amended to read as follows.
Sec. 5.62a. Driving while license suspended, revoked, denied or never applied
(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 section 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 this village.
(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 this village 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 under this ordinance.
(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 pursuant to MCL 257.226a and 257.226b.
(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 is 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 section MCL 257.212 of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided in this act 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 ordinance, while any of those conditions existing is guilty of a misdemeanor or punishable, except as otherwise provided in this section, by imprisonment for not less than 3 days or more than 93 days or a fine of not more than $100, or both.
(7) 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.
(E) The following provisions in Sec. 5.82 are amended to read as follows.
Sec. 5.82. Mandatory child restraints.
(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 1969, as amended, being sections 24.201 to 24.315. of the Michigan Compiled Laws, 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 CFR 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 CFR 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 CFR 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 257.710b of the Michigan Motor Vehicle Code 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 1969, 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.
(1984 Code, § 2-01-030) (Ord. 116, passed 6-16-1981; Ord. 133, passed 3-29-1983; Ord. 220, passed 1-28-1992; Ord. 253, passed 11-22-1994; Ord. 255, passed 4-11-1995; Ord. 328, passed 9-23-1999; Ord. 329, passed 11-4-1999; Ord. 360, passed 5-28-2003)