The following sections and sub-sections of the Uniform Traffic Code are hereby amended or deleted as set forth in this section, and additional sections and sub-sections are added as indicated. Subsequent section numbers used in this section shall refer to the like numbered sections of the Uniform Traffic Code.
On page 2, delete the entire first paragraph and replace with the following:
"The following Uniform Traffic Code for Cities, Townships and Villages is authorized by Act No. 62 of the Public Acts of 1956, being sections 257.951 to 257.954 of the Compiled Laws of 1970. It was promulgated by publication February 14, 1958 in Supplement No. 13 to the 1954 Michigan Administrative Code. Amendments were promulgated, effective February 14, 1961 and published in Supplement No. 25, and effective February 26, 1968 and published in Supplement No. 54, to the 1954 Michigan Administrative Code; and effective August 4, 1976 and published in Supplement No. 88 to the 1954 Michigan Administrative Code." (Errata, 2/10/77)
Sec. 5.10a. After Section 5.10, add Section 5.10a as follows:
"Sec. 5.10a. Speed zones.
It shall be prima facie lawful for the driver of a vehicle to drive the same on the following streets at a rate of speed not to exceed the following; provided, that in any case when such speeds would be unsafe, a vehicle shall be driven at a prudent speed as provided in Section 5.9, such speed zones to be appropriately marked:
Street | Between | Permitted Miles per Hour |
Street | Between | Permitted Miles per Hour |
Beech Daly | Michigan Avenue to Annapolis Street | 30 |
John Daly | Michigan Avenue to Annapolis Street | 30 |
Inkster Road | Michigan Avenue to Annapolis Street | 30 |
Middlebelt Road | Michigan Avenue to Annapolis Street | 25 |
John Daly | Michigan Avenue to Avondale Street | 30 |
Harrison Avenue | Michigan Avenue to Annapolis Street | 25 |
Michigan Avenue | East-bound Traffic | |
Henry Ruff Road to Wiethoff Court | 40 | |
Michigan Avenue | West-bound Traffic Beech Daly Road to West Street | 40 |
Michigan Avenue | West Street to Henry Ruff Road | 40 |
Inkster Road | Both lanes of traffic | |
Michigan Avenue to Cherry Hill Road | 35 | |
Middlebelt Road | Michigan Avenue to Cherry Hill Road | 45 |
Cherry Hill Road | East-bound traffic | |
Henry Ruff to Inkster Road | 40 | |
Cherry Hill Road | West-bound traffic | |
Inkster Road to Beech Daly | 35 | |
Annapolis Street | Beech Daly to Middlebelt Road | 30 |
All other streets and highways, except as hereinbefore provided, 25 miles; provided the council may by resolution change the speed limits herein provided as it may deem advisable." (Ord. 69, passed - - )
Section 5.15 of the Code of Ordinances of the City of Inkster is hereby amended to provide as follows:
Sec. 5.15. Driving while under influence of Intoxicating liquor or controlled substance or with certain blood alcohol percentage; accident; arrest, without warrant.
A. OUIL, UBAL, OUICS and Attempts.
(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 city if either of the following applies:
(a) The person is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(b) The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this city 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 per 67 milliliters of urine, or whose ability to operate the motor vehicle is visibly impaired due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city when, due to the consumption of an intoxicating liquor, a controlled substance, or a combination of an 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) If a person is convicted of violating subsection (1), the person is guilty of a misdemeanor, and may be punished by one or more of the following:
(a) Service to the community for a period of 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.
(d) In the judgment of sentence under this section, the court may order vehicle immobilization as provided in section K, MCL 257.904d.
(e) A person sentenced to perform service to the community under this subsection shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(5) In addition to imposing the sanctions prescribed under subsection (4), the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of Michigan of 1927 (MCL 760.1 et seq., MSA 28.841 et seq.), as amended, order the person to pay the costs of the prosecution.
(6) The secretary of state shall impose license sanctions pursuant to section C hereof, and MCL 257.625b; MSA 9.2325(2)
(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) If a person is convicted of violating subsection (3), the person is guilty of a misdemeanor punishable by one or more of the following:
(a) Service to the community for a period of not more than 45 days.
(b) Imprisonment for not more than 93 days.
(c) A fine of not more than $500.
(d) In addition to imposing the sanctions prescribed in this section, the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of Michigan of 1927 (MCL 760.1 et seq., MSA 28.841 et seq.), as amended, order the person to pay the costs of the prosecution.
(e) The secretary of state shall impose license sanctions pursuant to section C hereof and MCL 257.625b, MSA 9.2325(2).
(f) A person sentenced to perform service to the community under this subsection shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(g) In the judgment of sentence under this section, the court may order vehicle immobilization as provided in section K, MCL 257.904d.
(9) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city if the person has any bodily alcohol content. As used in this subsection, the term “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.
(10) If a person is convicted of violating subsection (9), the following shall apply:
(a) Except as otherwise provided in subsection (b), the person is guilty of a misdemeanor punishable by one or both of the following:
(i) Service to the community for not more than 45 days.
(ii) A fine of not more than $500.
(b) If the violation occurs within seven years of one or mote prior convictions, the person may be sentenced to one or both of the following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.
(iii) Imprisonment for not more than 93 days.
(iv) As used in subsection (b), the term “prior conviction” means a conviction for a violation or attempted violation of MCL 257.625(1), (3),(4), (5) (6) or (7), MSA 9.2325(1), (3), (4), (5) (6) or (7), MCL 257.625m, or former MCL 257.625 (1) or (2), MSA 9.2325(1) or (2), or former MCL 257.625(b), MSA 9.2325(2), or a local ordinance substantially corresponding to such statutes, or a law of another State substantially corresponding to such statutes. Or negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(11) A person, whether licensed or not, shall not operate a vehicle in violation of subsection (9), 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) A person who violates this subdivision is guilty of a misdemeanor and may be sentenced to 1 or more of the following:
(i) Service to the community for not more than 60 days.
(ii) A fine of not more than $500.
(iii) Imprisonment for not more than 93 days.
(iv) In the judgment of sentence, the court may, unless the vehicle is ordered forfeited under section 3, MCL 257.625n, order vehicle immobilization as provided in section K, MCL 257.904d.
(12) If the violation of section (11) occurs within 7 years of a prior conviction or within 10 years of 2 or more prior convictions, the court shall, unless the vehicle is ordered forfeited under section 3, MCL 257.625n, order vehicle immobilization as provided in section K, MCL 257.904d in the judgment of sentence.
(13) A violation of section (11) does not prohibit a person from being charged with, convicted of, or punished for a violation of section (1) or (3) that is committed by the person while violating section (11). However, points shall not be assessed under MCL 257.320a for both a violation of section (1), or (3) and a violation of this section for conduct arising out of the same transaction.
(14) A person sentenced to perform community service under this section shall not receive any compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(15) If a person is charged with a violation of subsection (1), (3), or (11), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (9) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the motion of the prosecuting attorney.
(16) A prior conviction shall be established at sentencing by one or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant's driving record.
(c) An admission by the defendant.
(17) A person who is convicted of an attempted violation of subsection (1) or (3) shall be punished as if the offense had been completed.
(18) When assessing points and taking licensing action under this act, the secretary of state shall treat a conviction of an attempted violation of subsection (1), (3) or (9), or a law of another state substantially corresponding to subsection (1), (3) or (9) the same as if the offense had been completed.
(19) Except as otherwise provided in subsection (21), 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 injury 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.
(20) Except as otherwise provided in subsection (21), if a person is charged with operating a vehicle while his ability to operate the vehicle was visibly impaired due to his consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (3) or a local ordinance substantially corresponding to 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 injury 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.
(21) A special verdict described in subsections (19) and (20) is not required if injury 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 of 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 consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(22) If injury or court makes a finding under subsection (19), (20) or (21) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance, or 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) Forward to the department of state police, on forms prescribed by the state court administrator, a record that specifies the penalties imposed by the court, including any term of imprisonment and any sanction imposed under section 3, MCL 257.625n, and section K, MCL 257.904d.
(23) Except as otherwise provided by law, a record described in subsection (22)(b) is a public record, and the department of state police shall retain the information contained on that record for a period of not less than seven years.
(24) In a prosecution for a violation of subsection (9), the defendant shall bear the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service of ceremony by a preponderance of the evidence.
B. Warrantless arrest at accident; preliminary chemical breath analysts; chemical tests; arrest; and 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 this city and was operating the vehicle in violation of this ordinance.
(2) A peace officer, without a warrant, may arrest a person if that person is found in the driver's seat of a vehicle parked or stopped on a highway or street within this city if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of this ordinance.
(3) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city, and that the person by the consumption of intoxicating liquor may have affected his ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the state while the person's blood, breath, or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating liquor, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city, while the person had any bodily alcohol content as that term is defined in section A(9), may require the person to submit to a preliminary chemical breath analysis. The following provisions apply with respect to a preliminary chemical breath analysis administered pursuant to this subsection:
(a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(b) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in section D(1) or in an administrative hearing for one or more of the following purposes:
(i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence to establish the validity of an arrest.
(ii) As evidence of the defendant's breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant's breath alcohol content was higher at the time of the charged offense than when a chemical test was administered under subsection (4).
(iii) As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under subsection (4).
(c) A person who submits to a preliminary chemical breath analysis shall remain subject to the requirements of sections D, E, F, and G for the purposes of chemical tests described in those sections.
(d) 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.
(e) A peace officer shall use the results of a preliminary chemical breath analysis conducted pursuant to this section to determine whether to order a person out-of-service under MCL 257.319d, MSA 9.2019(4). A peace officer shall order out-of-service as required under MCL 257.319d, MSA 9.2019(4), a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under MCL 257.3 19d, MSA 9.2019(4).
(f) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this section shall be advised that refusing a peace officer's request to take a test described in this section is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, and will result in the issuance of a 24-hour out-of-service order.
(g) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer's lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both
(4) 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 D(1) shall be advised of all of the following:
(i) That if he takes a chemical test of his blood, urine, or breath administered at the request of a peace officer, he has the right to demand that a person of his own choosing administer one of the chemical tests; that the results of the test are admissible in judicial proceedings as provided under this act and will be considered with other admissible evidence in determining the innocence or guilt of the defendant; and that he is responsible for obtaining a chemical analysis of, a test sample obtained pursuant to his own request.
(ii) That if he refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court order, but the peace officer may seek to obtain a court order.
(iii) That his refusal of the request of a peace officer to take a test described in subparagraph (i) will result in the suspension of his operator's or chauffeur's license and vehicle group designation, or operating privilege, and in the addition of six points to his driving record.
(c) Sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under MCL 333.16215 qualified to withdraw blood and acting in a medical environment, at the request of a peace officer, may withdraw blood to determine the amount of alcohol or presence of a controlled substance or both in the person's blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures shall not attach to a licensed physician or individual operating under the delegation of licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless the withdrawal or analysis is performed in a negligent manner.
(d) A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section D(1). 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 own choosing administer one of the chemical tests described in this subsection within a reasonable time after his detention, and the results of the test shall be admissible and shall be considered with other admissible evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by a person of his 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 a controlled substance, or both, in the decedent's blood. The medical examiner shall give the results: of the chemical analysis of the sample to the law enforcement agency investigating the accident, and that agency shall forward the results to the department of state police.
(g) The department of state police shall promulgate uniform rules in compliance with the administrative procedure act of 1969, MCL 24.201 to 24.328 for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis may be used for a chemical test described in this subsection if approved pursuant to rules promulgated by the department of state police.
(5) The provisions of subsection (3) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon the question of whether a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or if the person is less than 21 years of age, whether the person had any bodily alcohol content within his body. As used in this section, the term "any bodily alcohol content" means either of the following:
(a) An alcohol content of not less than 0.2. 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.
(6) If a chemical test described in subsection (4) 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 days before the date 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.
(7) Except in a prosecution relating solely to a violation of section A(3) or A(9), the amount of alcohol in the driver's blood, breath, or urine at the time alleged as shown by chemical analysis of the person's blood, breath, or urine shall give rise to the following presumptions:
(a) If there were at the time 0.07 grams or less of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor, and that the defendant was not under the influence of intoxicating liquor.
(b) If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant's blood, per 216 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a vehicle was impaired within the provisions of subsection A(3) due to the consumption of intoxicating liquor.
(c) If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor.
C. Misdemeanor violation; arraignment; pretrial conference; advising accused before accepting plea of guilty or nolo contendere; screening, assessment, and rehabilitative services; licensing sanctions; surrender of license or permit; stay.
(1) A person arrested for a misdemeanor violation of sections A(1), A(3) or A(9) shall be arraigned on the citation complaint or warrant not more than 14 days after the date of arrest, or if an arrest warrant is reissued, not more than 14 days after the reissued arrest warrant is served, whichever is later the court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.
(2) The court shall schedule a pretrial conference between the prosecuting attorney, the defendant, and the defendant's attorney in each case in which the defendant is charged with a misdemeanor violation of sections A(1), A(3) or A(9). The pretrial conference shall be held not more than 35 days after the date of the person's arrest for the violation or, if an arrest warrant is reissued not more than 35 days after the date the reissued warrant is served. The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference. The court may adjourn the pretrial conference upon the motion of a party for good cause shown. Not more than one adjournment shall be granted to the party, and the length of an adjournment shall not exceed 14 days. The court 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, finally adjudicate by a plea of guilty or nolo contendere, or the entry of a verdict, or by other final disposition, a case in which the defendant is charged with a misdemeanor violation of sections A(1), A(3) or A(9) within 77 days after the person is arrested for the violation or if an arrest warrant is reissued not more than 77 days after the date the reissued arrest warrant is served. The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit.
(3) Before accepting a plea of guilty or nolo contendere under section A, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation, and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the secretary of state under MCL 257.204a, MSA 9.1904.
(4) Before imposing sentence for a violation of section A(l), A(3) or A(9), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. Except as otherwise provided in this subsection, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs as part of the sentence. The person shall pay for the costs of the screening, assessment, and rehabilitative services. If the person has 1 or more prior convictions, the court shall order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs as part of the sentence. The person shall pay for the costs of the screening, assessment, and rehabilitative services.
(5) If the judgment and the sentence are appealed to the circuit court, the court may, ex parte, order the secretary of state to stay the suspension, revocation, or restricted license issued by the secretary of state pending the outcome of the appeal.
D. Consent to chemical tests; certain persons not considered to have given consent to withdrawal of blood; administration of tests.
(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 this city is considered to have given consent to chemical tests of his blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his blood or urine or the amount of alcohol in his breath if the person is arrested for a violation of subsection A(l), A(3) or A(9).
(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 subsection B(3).
E. Refusal to submit to chemical test; court order; report to secretary of state; form.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to subsection B(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 subsection D(1), and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequence of the refusal. The form of the report shall be prescribed and furnished by the secretary of state.
F. Refusal to submit to chemical tests; notice of report; request for a hearing; counsel.
(1) If a person refuses to submit to a chemical test pursuant to subsection B(3), the peace officer shall immediately notify the person, in writing, that within 14 days of the date of the notice the person may request a hearing as provided in section G. The form of the notice shall be prescribed and furnished by the secretary of state.
(2) The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.
G. Effect of failure to request hearing; hearing procedure; notice; authority of hearing officer; scope of hearing; record; transmittal of record to reviewing court; suspension or denial of license or permit; judicial review; notice to motor vehicle administrator of another state.
(1) If a person who refuses to submit to a chemical test pursuant to section E does not request a hearing within 14 days after the date of notice pursuant to section F, the secretary of state shall impose the following; license sanctions:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege for six months or, for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six months or, for a second or subsequent refusal within seven years, for one year.
(b) If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person's operator's or chauff'eur's license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designation, for one year.
(c) If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from and within ten years of a prior refusal, revoke all vehicle group designations on the person's operator's or chauffeur's license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for not less than ten years and until the person is approved for the issuance of a vehicle group designation.
(d) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section D other than a variation of section B(2)(g) or 1, impose the license sanction described in subdivision (a) and the license sanction described in subdivision (b) or (c), if applicable.
(2) If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in MCL 257.322, MSA 9.2022. 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 five days' notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under section B, and if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the city 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 one adjournment shall be granted to a party and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest 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 subsection D(1).
(b) Whether the person was placed under arrest for a crime described in subsection D(1).
(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of the rights under subsection B(3).
(3) The hearing officer shall not impose any sanction for a failure to comply with any time limit in subdivision (2). 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 Michigan of 1969 (MCL 24.286, MSA 3.560(186), as amended. Upon notification of the filing of a petition for judicial review pursuant to Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.323, MSA 9.2023), the hearing officer shall transmit to the court in which the petition was filed, not less than ten 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 party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(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 six months, or, for a second or subsequent refusal within seven years, for one 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 six months, or, for a second or subsequent refusal within seven years, for one year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in MCL 257.323, MSA 9.2023. If after the hearing the person who requested the hearing prevails, the peace officer who filed the report 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 Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.323, MSA 9.2023), as amended.
(5) When it has been finally determined that a nonresident's privilege to operate a vehicle in the state has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of each state in which he has a license to operate a motor vehicle.
H. Duties of peace officer if person refuses chemical test or if test reveals blood alcohol content of 0.10 percent or more.
(1) If a person refuses a chemical test offered pursuant to subsection B(3), or submits to the chemical test, or a chemical test that 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 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 to the secretary of state.
(ii) Notice the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the person.
(iii) Destroy the person's driver's license or permit.
(2) If a person submits to a chemical test offered pursuant to subsection B(3) that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection (1)(a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately comply with subsection (1 )(b). If the report does not reveal an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results, and immediately return the person's license or permit by first class mail to the address given at the time of arrest.
(3) A temporary license or permit issued under this section is valid for one of the following time periods:
(a) If the case is not prosecuted, for 90 days after issuance or until the person's license or permit is suspended, pursuant to section G, 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.
(4) As used in this section, the term "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 city, 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 subdivision (a) or (b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
I. Commercial motor vehicle drivers; operation of vehicle while intoxicated, blood alcohol limits; warrantless arrest; violation, penalty.
(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine shall not operate a commercial motor vehicle within this city.
(2) A peace officer may arrest a person without a warrant if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a commercial motor vehicle involved in the accident and was operating the vehicle in violation of this section; or, the person is found in the driver's seat of a commercial vehicle parked or stopped on a highway or street within this city if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of this section.
(3) A person who is convicted of a violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both, together with costs of the prosecution.
J. Vehicle Forfeitures; Distribution of Proceeds.
(1) Except as otherwise provided in this section and in addition to any other penalty provided for in this ordinance, the judgment of sentence for a conviction for a violation of Section A(1), may require one of the following with regard to the vehicle used in the offense if the defendant owns the vehicle in whole or in part or leases the vehicle:
(a) Forfeiture of the vehicle if the defendant owns the vehicle in whole or in part.
(b) Return of the vehicle to the lessor if the defendant leases the vehicle.
(2) The vehicle may be seized pursuant to an order of seizure issued by the court having jurisdiction upon a showing of probable cause that the vehicle is subject to forfeiture or return to the lessor.
(3) The forfeiture of a vehicle is subject to the interest of the holder of a security interest who did not have prior knowledge of or consent to the violation.
(4) Within fourteen days after the defendant's conviction for a violation described in subsection A(l), the prosecuting attorney may file a petition with the court for the forfeiture of the vehicle or to have the court order return of a leased vehicle to the lessor. The prosecuting attorney shall give notice by first-class mail or other process to the defendant and his or her attorney, to all owners of the vehicle and any person holding a security interest in the vehicle that the court may require forfeiture or return of the vehicle.
(5) If a vehicle is seized before disposition of the criminal proceedings, a defendant who is an owner or lessee of the vehicle may move the court having jurisdiction over the proceedings to require the seizing agency to file a lien against the vehicle and to return the vehicle to the owner or lessee pending disposition of the criminal proceedings. The court shall hear the motion within 7 days after the motion is filed. If the defendant establishes at the hearing that he or she holds the legal title to the vehicle or that he or she has a leasehold interest and that it is necessary for him or her or a member of his or her family to use the vehicle pending the outcome of the forfeiture action, the court may order the seizing agency to return the vehicle to the owner or lessee. If the court orders the return of the vehicle to the owner or lessee, the court shall order the defendant to post a bond in an amount equal to the retail value of the vehicle and shall also order the seizing agency to file a lien against the vehicle.
(6) Within 14 days after notice by the prosecuting attorney is given under subsection (4), the defendant, an owner, lessee, or holder of a security interest may file a claim of interest in the vehicle with the court. Within 21 days after the expiration of the period for filing claims, but before sentencing, the court shall hold a hearing to determine the legitimacy of any claim, the extent of any co-owner's equity interest, the liability of the defendant to any co-lessee, and whether to order the vehicle forfeited or returned to the lessor. In considering whether to order forfeiture, the court shall review the defendant's driving record to determine whether the defendant has multiple convictions under MCL 257.625 or a local ordinance substantially corresponding to MCL 257.625, or multiple suspensions, restrictions, or denials under MCL 257.904, or both. If the defendant has multiple convictions under MCL 257.625, or multiple suspensions, restrictions, or denials under MCL 257.904, or both, that factor shall weigh heavily in favor of forfeiture.
(7) If a vehicle is forfeited under this section, the unit of government that seized the vehicle shall sell the vehicle and dispose of the proceeds in the following order of priority:
(a) Pay any outstanding security interest of a secured party who did not have prior knowledge of or consent to the commission of the violation.
(b) Pay the equity interest of a co-owner who did not have prior knowledge of or consent to the commission of the violation.
(c) Satisfy any order of restitution entered in the prosecution for the violation.
(d) Pay the claim of each person who shows that he or she is a victim of the violation to the extent that the claim is not covered by an order of restitution.
(e) Pay any outstanding lien against the property that has been imposed by a governmental unit .
(f) Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising and court costs.
(g) The balance remaining after the payment of items (a) through (f) shall be distributed by the court having jurisdiction over the forfeiture proceedings to the unit or units of government substantially involved in effecting the forfeiture. Seventy-five percent of the money received by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws and 25% of the money shall be used to implement the crime victim's rights act. Act No. 87 of the Public Acts of 1985, being sections 780.751 to 780.834 of the Michigan Compiled Laws. A unit of government receiving money under this subdivision shall report annually to the department of management and budget the amount of money received under this subdivision that was used to enhance enforcement of the criminal laws and the amount that was used to implement the crime victim's rights act.
(8) The court may order the defendant to pay to a co-lessee any liability determined under subsection (6). The order may be enforced in the same manner as a civil judgment.
(9) The return of a vehicle to the lessor under this section does not affect or impair the lessor's rights or the defendant's obligations under the lease.
(10) If the prosecuting attorney intends to seek a sanction under this section based upon the defendant having 1 or more prior convictions the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in the district court, a statement listing the defendant's prior convictions.
(11) The failure of the court or prosecutor to comply with any time limit specified in this section does not preclude the court from ordering forfeiture of a vehicle or its return to a lessor, unless the court finds that the owner or claimant suffered substantial prejudice as a result of that failure.
(12) The forfeiture provisions of this section do not preclude the prosecuting attorney from pursuing a forfeiture proceeding under any other law of this state or any other provision under this section.
K. Vehicle immobilization
(1) Vehicle immobilization applies as follows:
(a) For a conviction under section A(1), A(3) or A(11) with no prior convictions, the court may order vehicle immobilization for not more than 180 days.
(b) For a conviction under section A(1), A(3) or A(11) within seven years after a prior conviction, the court shall order vehicle immobilization for not less than 90 days or more than 180 days.
(c) For a conviction under section A(1), A(3) or A(11) within ten years after two or more prior convictions, the court shall order vehicle immobilization for not less than one year or more than three years.
(2) The defendant shall provide the court the vehicle identification number and registration plate number of the vehicle involved in the violation.
(3) The court may order vehicle immobilization under this section under either of the following circumstances:
(a) The defendant is the owner, co-owner, lessee, or co-lessee of the vehicle operated during the violation.
(b) The owner, co-owner, lessee, or co-lessee knowingly permitted the vehicle to be operated in violation of section A(2) regardless of whether a conviction resulted.
(4) An order required to be issued under this section shall not be suspended.
(5) If a defendant is ordered imprisoned for the violation for which immobilization is ordered, the period of immobilization shall begin at the end of the period of imprisonment.
(6) As used in this section:
(a) Subject to subsection (7), “prior conviction” means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of-another state substantially corresponding to a law of this state:
(i) Except as otherwise provided in this subparagraph, a violation or attempted violation of section 625(1), (3), (4), (5), (6), or (7), section 625m, former section 625(1) or (2), or former section 625b. However, only 1 violation or attempted violation of section 625(6), a local ordinance substantially corresponding to section 625(6), or a law of another state substantially corresponding to section 625(6) may be used as a prior conviction.
(ii) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(b) “vehicle immobilization” means requiring the motor vehicle involved in the violation immobilized in a manner provided in subsection (10) of this ordinance.
(7) If 2 or more convictions described in subsection (6)(A) are convictions for violations arising out of the same incident, only 1 conviction shall be used to determine whether the person has a prior conviction.
(8) When a peace officer detains the driver of a motor vehicle for a violation of this ordinance, the peace officer shall do all of the following:
(a) Immediately confiscate the vehicle's registration plate and destroy it.
(b) Issue temporary vehicle registration plate for the vehicle in the same form prescribed by the secretary of state for temporary registration plates issued under MCL 257.226a or MCL 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 network on a form prescribed by the secretary of state that the registration plate was confiscated and destroyed, and a temporary plate was issued.
(9) 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.
(10) A court shall order a vehicle immobilized under this ordinance 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 ordinance to pay the cost of immobilizing and storing the vehicle.
(11) A vehicle subject to immobilization under this section may be sold during the period of immobilization under this section, but shall not be sold to a person who is exempt from paying a use tax under section 3 (3)(a) of the use tax act, 1937 PA 94, MCL 205.93, without a court order.
(12) A defendant who is prohibited from operating a motor vehicle by vehicle immobilization shall not purchase, lease, or otherwise obtain a motor vehicle during the immobilization period.
(13) A person shall not remove, tamper with, or bypass or attempt to remove, tamper with, or by-pass a device that he or she knows or has reason to know has been installed on a vehicle by court order for vehicle immobilization or operate or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized.
(14) A person who violates sections (12) or (13) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
(15) 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.
(16) The court shall require the defendant or a person who provides immobilization services to the court under this section to certify that a vehicle ordered immobilized by the court is immobilized as required.
(17) If the prosecuting attorney, intends to seek a sanction under this section based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in the district court, a statement listing the defendant's prior convictions.
(Ord. 598, passed 4-4-83; Am. Ord. 787, passed 12-20-99)
Sec. 5.16a. Consumption of liquor on highways or on property open to public.
Delete section entirely. [Rescinded by Errata, 2/10/77] This section shall be replaced with the following:
"Sec. 5.16b. Consumption of liquor on any place open to the general public or within the passenger compartment of a moving 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.
(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) 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) This section does not apply to a passenger in a chartered vehicle authorized to operate by the Michigan Department of Transportation.
(4) Any person who shall violate any of the provisions of subsection (1) or (3) as aforesaid shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500 and costs of prosecution or by imprisonment of not more than 90 days, or both such fine and imprisonment."
(Am. Ord. 707, passed 2-17-92)
Sec. 5.95a. After Section 5.95, add Section 5.95a, as follows:
"Sec. 5.95a. Streets designated as truck routes; restrictions.
(a) It shall be unlawful for any truck, except recreation vehicles, whether loaded or unloaded, weighing more than 5,500 pounds and/or over 22 feet in length to be operated or parked on any street in the city except those streets hereinafter designated as 'truck routes'. Further, it shall be unlawful to park or store any truck or trailer, including any other type of commercial vehicle, except recreational vehicles, weighing more than 5,500 pounds and/or over 22 feet in length on any portion of any property zoned residential, except that for good cause shown the Chief of Police may grant a special parking permit. It shall be further provided that the provisions of this subsection shall not apply to the operation of trucks in excess of the weight and length limitations herein specified when the operation of such truck is necessary for the purpose of making one or more deliveries or pickups of materials, manufactured products, goods, wares or merchandise on streets other than those designated "truck routes" in the city; provided, further, that such operation shall be permitted only for the shortest possible distance when necessary to effect such delivery or pickup; provided, further, that trucks operated by the city in connection with the rendering of necessary service to the residents of the city may be operated on any or all streets in the city; provided, further, that all trucks permitted to operate on streets other than the streets designated as "truck routes" shall not be driven at a speed in excess of 15 miles per hour when operating on streets other than truck routes. (Ord. 235, passed 2-1-65; Am. Ord. 697, passed 1-7-91)
(b) The streets hereinabove referred to as 'truck routes' will be as follows:
Middle Belt Road | Annapolis to Cherry Hill |
Inkster | Annapolis to Cherry Hill |
Henry Ruff | Annapolis to Cherry Hill |
Michigan Avenue | Henry Ruff to Beech Daly |
Carlysle Avenue | Middle Belt to Inkster |
S. River Park Dr. | Inkster to Hill |
Hill | Michigan Ave. to S. River Park Drive |
West | Michigan Ave. to S. River Park Drive |
Princeton | Inkster Road to John Daly Road |
John Daly | Michigan to Annapolis |
Beech Daly | Michigan to Annapolis |
Trowbridge | Sylvia to Beech Daly |
Kean | Sylvia to Bayhan |
Bayhan | Michigan Ave. to Trowbridge |
Sylvia | Michigan Ave. to New York Central R.R. |
Princess | Michigan Ave. to Trowbridge |
Cherry Hill | Henry Ruff to Beech Daly |
Annapolis | Middlebelt to Beech Daly |
Harrison | Michigan Ave. to Annapolis |
Reynolds | Harrison to Springhill |
Beech | Middlebelt to Northland |
Northland | Beech to Cherry |
Cherry St. | Northland to Alfred |
Alfred | Cherry to Chestnut |
Chestnut | Alfred to Inkster |
Dunning | John Daly to Bayhan |
Bayhan | Dunning to Oxford |
(Ord. 235, passed 2-1-65; Am. Ord. 239, passed 3-15-65)
(c) The streets designated in subsection (b) of this section as 'truck routes' shall be posted, in a conspicuous place upon or at the entrance to the street or highway or part thereof affected, with a suitable sign indicating the words 'truck route'." (Ord. 235, passed 2-1-65)
Sec. 5.95b is repealed by Ord. 709, passed 5-18-92.
Sec. 5.95c. After Section 5.95b, add Section 5.95c, as follows:
"Sec. 5.95c. Towing mobile homes; length, width, height.
Notwithstanding any other provisions of this chapter, no person shall operate a towing vehicle having attached a mobile home having a body length in excess of 45 feet and having a combined length of over 60 feet, a realistic body width of over 100 inches at base rail and a height of over 12-1/2 feet on the highways of this city. The distance between mobile home axle centers shall not be less than 34 inches as of January 1, 1965.
The term 'mobile home' as used in this section shall be construed to mean a home which is designed to be transported by any motor vehicle upon a public highway and designed, equipped and used for sleeping, eating and living quarters, or is intended to be used." (Ord. 235, passed 2-1-65)
Sec. 5.95d is repealed by Ord. 709, passed 5-18-92.
The following new sections are hereby added:
"Section 1: Weight of axle loads, restrictions, violations.
(a) The maximum axle load shall not exceed the number of pounds designated in the following provisions which prescribe the distance between axles:
(1) When the axle spacing is nine (9) feet or more between axles, the maximum axle load shall not exceed 18,000 pounds for vehicles equipped with high pressure pneumatic or balloon tires.
(2) When the axle spacing is less than nine (9) feet between two (2) axles but more than three and one-half (3½) feet, the maximum axle load shall not exceed 13,000 pounds for high pressure pneumatic or balloon tires.
(3) When axles are spaced less than three and one-half (3½) feet apart, the maximum axle load shall not exceed 9,000 pounds per axle.
(4) Subdivisions (l), (2) and (3) shall be known as the normal loading maximum.
(b) When normal loading is in effect the state transportation department and the local authority with respect to highways under its jurisdiction may designate certain highways, or sections of those highways, where bridges and road surfaces are adequate for heavier loading, which designation may be revised as needed, on which the maximum tandem axle assembly loading shall not exceed 16,000 pounds for any axle of the assembly, if there is no other axle within nine (9) feet of any axle of the assembly.
(c) Except as provided in subsection (h) on a legal combination of vehicles, only one (1) tandem axle assembly shall be permitted on the designated highways at the gross permissible weight of 16,000 pounds per axle, if there is no other axle within nine (9) feet of any axle of the assembly, and if no other tandem axle assembly in the combination of vehicles exceed a gross weight of 13,000 pounds per axle. When the maximum gross weight of a combination of vehicles with load does not exceed 73,280 pounds, two (2) tandem axle assemblies shall be permitted on the designated highways at a gross permissible weight of 16,000 pounds per axle, if there is no other axle within nine (9) feet of any axle of the assembly.
(d) The normal size of tires shall be the rated size as published by the manufacturers and the maximum wheel load permissible for any wheel shall not exceed 700 pounds per inch of width of tire.
(e) During the months of March, April and May in each year, the maximum axle load allowable on concrete pavements, or pavements with a concrete base, shall be reduced by 25% from the axle load as specified in this chapter, and the maximum axle loads allowable on all other types of roads during these months shall be reduced by 35% from the maximum axle loads as specified. The maximum wheel load shall not exceed 525 pounds per inch of tire width on concrete and concrete base or 45O pounds per inch of tire width on all other roads during the period the seasonal road restrictions are in effect.
(f) The state transportation department or a local authority with respect to highways under its jurisdiction may suspend the restrictions imposed by this section when and where, in its discretion, conditions of the highways or the public health, safety and welfare so warrant, and may impose the restricted loading requirements of this section on designated highways at any other time that conditions of the highway may require.
(g) For the purpose of enforcement of this act, the gross vehicle weight of a single vehicle and load or a combination of vehicles and loads, shall be determined by weighing individual axles or groups of axles, and the total weight on all axles shall be the gross vehicle weight. In addition, the gross axle weight shall be determined by weighing individual axles or by weighing a group of axles and dividing the gross weight of the group of axles by the number of axles in the group. Pursuant to Section (h), the overall gross weight on a group of two (2) or more axles shall be determined by weighing individual axles or several axles, and the total weight of all of the axles in the group shall be the overall gross weight of the group.
(h) The loading maximum in this subsection shall apply to interstate highways, and the state transportation department, or a local authority with respect to highways under its jurisdiction, may
designate a highway, or a section of a highway, for the operation of vehicles having a gross vehicle weight of not more than 80,00O pounds which are subject to the following load maximums:
(1) Twenty Thousand (20,000) pounds on any one (1) axle, including all enforcement tolerances.
(2) A tandem axle weight of 34,000 pounds including all enforcement tolerances.
(3) An overall gross weight on a group of two (2) or more consecutive axles equaling:
(LN )
W = 500 ( + 12N + 36 )
(N - 1 )
where W = overall gross weight on a group of two (2) or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of a group of two (2) or more consecutive axles , and N = number of axles in the group under consideration; except that two (2) consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the first and last axles of the consecutive sets of tandem axles are not less than 36 feet apart. The gross vehicle weight shall not exceed 80,000 pounds including all enforcement tolerances. Except for five (5) axle truck tractor, semitrailer combinations having two (2) consecutive sets of tandem axles, vehicles having a gross weight in excess of 80,000 pounds or in excess of the vehicle gross weight determined by application of the formula in this subsection shall be subject to the maximum axle loads of subsections (a), (b) and (c). As used in this subsection, "tandem axle weight" means the total weight transmitted to the road by two (2) or more consecutive axles, the centers of which may be included between parallel transverse vertical planes spaced more than 40 inches, but not more than 96 inches, apart, extending across the full width of the vehicle.
Section 2: Restrictions on Transportation of Flammable Liquids.
(a) Notwithstanding any other provision of this section, a truck tractor pulling a semitrailer and trailer combination or a truck tractor pulling two (2) semitrailers shall not transport, except between the hours of midnight to 6:00 a.m. on routes and at times designated by the state fire safety board, a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit, in a quantity of more than 9,000 gallons within a county having a population of 600,000 or more. In addition, a truck pulling a trailer or a truck tractor pulling a semitrailer shall not transport, except between the hours of midnight to 6:00 a.m. on routes and at times designated by the state fire safety board, a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit, in a quantity of more than 9,000 gallons within a county having a population of 600,000 or more. The exceptions provided by this subsection for transport on routes designated by the state fire safety board shall be construed to permit that transport only for the purpose of picking up or delivering a flammable liquid at a supply depot.
(b) Notwithstanding any other provision of this section, a truck, truck pulling a trailer, truck tractor pulling a semitrailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling two (2) semitrailers shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit within this city, unless the truck, truck and trailer combination, truck tractor and semitrailer combination, truck trailer, semitrailer, and trailer combination or truck tractor and two (2) semitrailer combinations meet safety standards as determined by the state fire safety board.
(c) Notwithstanding any other provision of this section, a truck, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling two (2) semitrailers shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit within this city. This subsection took effect November l, 1990.
(d) Notwithstanding any other provision of this section other than sections (c) and (e), a truck with a water capacity of more than 9,500 gallons, a truck tractor pulling a semitrailer with a water capacity of more than 9,500 gallons, a truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination or a truck tractor pulling two (2) semitrailers shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in this city, unless the existing manhole or inspection ports of each truck, semitrailer, or trailer in the vehicle combination has been equipped with devices which are capable of withstanding the forces caused by an internal pressure of 50 pounds per square inch, applied and held at least 50 milliseconds, and then released to two (2) pounds per square inch, without having any residual venting of flammable liquid during the subsequent two (2) pounds per square inch condition.
(e) Notwithstanding any other provision of this section, a truck or a truck tractor pulling a semitrailer, a semitrailer and trailer combination or two (2) semitrailers shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in this city, if the truck or semitrailer, a semitrailer and trailer combination, or two (2) semitrailers are manufactured after July l, 1982, or was manufactured before July 1, 1982 but was not a vehicle registered in this state by the secretary of state at any time between January l, 1985 and October 1, l985, unless the truck or the semitrailer, a semitrailer and trailer combination, or two (2) semitrailers have a water capacity of less than 13,800 gallons.
(f) Notwithstanding any other provision of this section, a truck or truck tractor pulling a semitrailer shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in a quantity of more than 13,400 gallons. This section took effect on November 1, 199O.
(g) Notwithstanding any other provision of this section, a truck or a truck tractor pulling a trailer or semitrailer, a semitrailer or trailer combination, or two (2) semitrailers shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in this city, in a quantity of more than 13,400 gallons unless the owner of the truck or truck tractor pulling a trailer or semitrailer, combination semitrailer or trailer, or two (2) semitrailers files with the department of state police within 60 days after the effective date of this act a notarized statement that the truck or truck tractor pulling the trailer or semitrailer, semitrailer or trailer combination, or two (2) semitrailers did transport a flammable liquid, in bulk, having a flash point at or below 70 degrees Fahrenheit, at any time between March l, 1985 and October l, 1985. Attached to the notarized statement shall be one (1) of the following:
(1) A copy of the bill of lading containing the date the flammable liquid was transported and the permanent identification number of the trailer or semitrailer in which the flammable liquid was transported.
(2) A copy of the daily log prepared by the driver of the vehicle transporting the flammable liquid which contains the date the flammable liquid was transported and the permanent identification number of the trailer or semitrailer.
(h) The owner or driver of a vehicle which transports a flammable liquid in violation of sections (a), (b), (c), (d), (e), (f) or (g) is guilty of a misdemeanor, punishable by a fine of not more than $5OO.OO or imprisonment for not more than 90 days or both.
(i) Except as provided in section (h), a person who violates this section is responsible for a civil infraction.
(j) This section shall be enforced only by a police officer.
Section 3: Information to be Painted or Permanently Attached on Certain Trucks and Vehicles; Removable Devices.
(a) All motor trucks or tractors, except as provided in subsection (d), of more than 5,OOO pounds registered weight and all towing or platform bed wrecker road service vehicles in operation upon the public highways of this state shall have the name, city and state or the registered logo or emblem of the registered owner of the vehicle, and lessee of the vehicle if the vehicle is being operated under lease, painted or permanently attached on each side of the cab on a motor truck or truck track tractor in letters of not less than three (3) inches in height, not lower than the bottom edge of the door, except that motor trucks with closed van bodies may place the information on each side of the van body not lower than the bottom edge of the cab door. This information shall be in sharp color contrast to the background.
(b) Except for towing or platform bed wrecker road service vehicles, the identification requirements of subsection (a) may be met through the use of removable devices which meet the requirements of subsection (a). These devices shall be of durable construction and securely attached to each side of the motor truck or truck tractor. The removable devices shall be attached so that the identification is in a horizontal position.
(c) Motor vehicles subject to this section shall have two (2) years after the effective date of this subsection to be in compliance with the marking location as required in subsection (a).
(d) This section shall not apply to trucks eligible for and equipped with farm license plates.
(e) A person who violates this section is responsible for a civil infraction.
Section 4: Stopping Vehicles for Weighing.
(a) A police officer or a duly authorized agent of the state transportation department or a county road commission having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle by means of either a portable or stationary scales approved and sealed by state department of agriculture as a legal weighing device and may require that the vehicle be driven to the nearest weighing station of the state transportation department for the purpose of allowing an officer or agent of the state transportation department or county road commission to determine whether the conveyance is loaded in conformity with this chapter.
(b) When the officer or inspector, upon weighing a vehicle and load, determines that the weight is unlawful, the officer or inspector may require the driver to stop the vehicle in a suitable place and remain standing until that portion of the load is shifted or removed as necessary to reduce the gross axle load weight of the vehicle to the limit permitted under this chapter. All material unloaded as provided under this subsection shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator. A judge or magistrate imposing a civil fine and costs under this section which are not paid in full immediately or for which a bond is not immediately posted in double the amount of the civil fine and costs, shall order the driver or owner to move the vehicle at the driver's own risk to a place of safekeeping within the jurisdiction of the judge or magistrate, inform the judge or magistrate in writing of the place of safekeeping, and there keep the vehicle until the fine or costs are paid or sufficient bond furnished or until the judge or magistrate is satisfied that the fine and cost will be paid. The officer or inspector who has determined, after weighing a vehicle and load, that the weight is unlawful, may require the driver to proceed to a judge or magistrate within the county. If the judge or magistrate is satisfied that the probable civil fine and costs will be paid by the owner or lessee, the judge or magistrate may allow the driver to proceed, after the load is made legal. If the judge or magistrate is not satisfied that the owner or lessee, after a notice and a right to be heard on the merits is given, will pay the amount of the probable civil fine and costs, the judge or magistrate may order the vehicle to be impounded until trial on the merits is completed under conditions set forth in this section for the impounding of vehicles after the civil fine and costs have been imposed. Removal of the vehicle, and forwarding, care, or preservation of the load shall be under the control of and at the risk of the owner or driver. Vehicles impounded shall be subject to a lien, subject to a prior valid bonafide lien of prior record, in the amount of the civil fine and costs and if the civil fine and costs are not paid within 90 days after the seizure, the judge or magistrate shall certify the unpaid judgment to the prosecuting attorney of the county in which the violation occurred, who shall proceed to enforce the lien by foreclosure sale in accordance with procedure authorized in the case of chattel mortgage foreclosure. When the duly authorized agent of the state transportation department or county road commission is performing duties under this chapter, the agent shall have all the powers conferred upon peace officers by the general laws of this state.
(c) An owner of a vehicle or a lessee of the vehicle of an owner-operator, or other person, who causes or allows a vehicle to be loaded and driven or moved on highway, when the weight of that vehicle violates Section 1 is responsible for a civil infraction and shall be assessed a civil fine in an amount equal to three (3) cents per pound for each pound of excess load over 1,000 pounds when the excess is 2,OOO pounds or less; six (6) cents per pound of excess load when the excess is over 2,OOO pounds but not over 3,000 pounds; nine (9) cents per pound of excess load when the excess is over 3,000 pounds but not over 4,000 pounds; twelve (l2) cents per pound of excess load when the excess is over 4,000 pounds but not over 5,OOO pounds; fifteen (15) cents per pound of excess load when the excess is over 5,OOO pounds but not over 10,000 pounds and twenty (20) cents per pound for each pound of excess load when the excess is over 10,000 pounds. However, the court shall have discretionary power as to the amount of the civil fine within the schedule provided by this subsection and may impose the civil fine for a civil infraction where at the time of the violation either the motor vehicle, motor vehicle and semitrailer or trailer did not exceed the total weight which would be lawful for each unit by a proper distribution of the load upon the various axles supporting each unit.
(d) A driver or owner of a vehicle, truck or truck tractor, truck or truck tractor with other vehicles in combination, or special mobile equipment who knowingly fails to stop at or who knowingly bypasses any scales or weighing station is guilty of a misdemeanor.
(e) An agent or authorized representative of the state transportation department or a county road commission shall not stop a truck or vehicle in movement upon a road or highway within the state for any purpose, unless the agent or authorized representative is driving a duly marked vehicle, clearly showing and denoting the branch of government represented.
(f) A driver or owner of a vehicle who knowingly fails to stop when requested or ordered to do so by a police officer, or a duly authorized agent of the state transportation department, or a representative or agent of a county road commission, authorized to require the driver to stop and submit to a weighing of the vehicle and load by means of a portable scale, is guilty of a misdemeanor.
Section 5: Special Permits for Nonconforming Vehicles; Concrete Pipe; Telephone, Telegraph and Electric Poles.
(a) The state transportation department with respect to highways under its jurisdiction and the county road commissions and local authorities with respect to highways under their jurisdiction, upon application in writing and good cause being shown, may issue a special permit in writing authorizing the applicant to operate or remove a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this chapter or otherwise not in conformity with this chapter under the jurisdiction of the City of Inkster and for the maintenance of which the City of Inkster is responsible.
(b) The application for a special permit shall be on a form prescribed by the City of Inkster and shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways upon which permit to operate is requested.
(c) The state transportation department with respect to highways under its jurisdiction and the county road commissions and local authorities with respect to highways under their jurisdiction may issue special permits authorizing the operation upon the highway of traction engines or tractors having movable tracks with transverse corrugation upon the periphery of those movable tracks on farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this chapter.
(d) A permit shall specify the trip or trips and date or dates for which it is to be valid and the authority granting the permit may restrict or prescribe conditions of operation of the vehicle or vehicles, if necessary to protect the safety of the public or to insure against undue damage to the road foundations, surfaces, structures, or installations, and may require a reasonable inspection fee and other security as may be considered necessary to compensate for damages caused by the movement. A permit may be issued on an annual basis.
(e) A person may transport telephone, telegraph, or electric poles of a greater length than otherwise authorized over the highways in the construction, maintenance, or repair of telephone, telegraph, or electric lines, if a permit is first secured from the state transportation department, the county road commission, or local authority having jurisdiction of the highways.
(f) A person may transport concrete pipe of a greater width than otherwise over highways, if a permit for each project is first secured from the state transportation department, the county road commission, or local authority having jurisdiction of the highways.
(g) A permit issued under this section shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by a police officer or authorized agent of an authority granting the permit. A person shall not violate any of the terms or conditions of the special permit.
(h) A person who violates this section is responsible for a civil infraction."
Sec. 8.6a. After Section 8.6, add Section 8.6a, as follows:
"Sec. 8.6a. Through streets, enumeration; stops required.
All vehicles of every description must come to a complete stop before entering or crossing the following streets or portion thereof, which are hereby designated 'through streets', unless traffic for the intersection is being directed by a traffic officer or a mechanical signal device, and such streets shall be appropriately marked as stop streets:
Michigan Avenue from Henry Ruff Road to Gulley Road.
Inkster Road from Michigan Avenue to Cherry Hill Road.
Middlebelt Road from Michigan Avenue to Cherry Hill Road.
Cherry Hill Road from Henry Ruff Road to Gulley Road.
Annapolis Street from Gulley Road to Middlebelt Road.
John Daly Road from Michigan Avenue to Avondale Street.
Jim Daly Road from Michigan Avenue to Annapolis Street.
John Daly Road from Michigan Avenue to Annapolis Street.
Inkster Road from Michigan Avenue to Annapolis Street.
Middlebelt Road from Michigan Avenue to Annapolis Street.
Harrison Avenue from Michigan Avenue to Annapolis Street.
All street and road intersections in city parks."
(Ord. 69, passed 11-6-45)
Sec. 8.10 Stopping, standing and parking, prohibited places and manner.
After sub-section (r), add sub-section (s), as follows:
"(s) At any place on Michigan Avenue within the city."
(Ord. 224, passed 11-2-64)
Sec. 8.10a. After Section 8.10, add Section 8.10a, as follows:
"Sec. 8.10a. Parking of commercial vehicles.
It shall be unlawful to park any commercial vehicle on any public street, highway, alley or parkway in the city for a period longer than two hours between the hours of 6:00 a.m. and 6:00 p.m. Parking of commercial vehicles is further prohibited on said streets, highways, alleys or parkways between the hours of 6:00 p.m. and 6:00 a.m., of the next day, provided however, that the Chief of Police for good cause shown, may grant special parking permits. Signs pertaining to the parking of commercial vehicles shall be posted at the corporate limits of the City.
For the purpose of this section, the term 'commercial vehicle' shall exclude taxicabs, passenger vehicles used for commercial purposes other than limousines, and pick-up trucks that do not display or exhibit any signage, advertising, logos, or any other evidence of commercial usage or applicability. Provided, however, those taxicabs, passenger cars and pick-up trucks which have been excluded from the provisions of this section shall be limited to the parking of one such vehicle per 'dwelling unit'."
(Ord. 360, passed 6-1-70; Am. Ord. 677, passed 7-3-89)
Sec. 8.10b. After Section 8.10a, add Section 8.10b, as follows:
"Sec. 8.10b. Parking between sidewalk and curb, restriction.
No motor vehicle shall be parked between the sidewalk and the curb in residential districts unless said vehicle is parked on a designated driveway and does not encroach upon the sidewalk or the traveled portion of the street."
(Ord. 417, passed 5-1-72)
Sec. 8.10c. After Section 8.10b, add Section 8.10c, as follows:
"Sec. 8.10c. No-parking zones on private property.
With the consent of the owner or owners or the person or persons in charge of private property which is open to the general public for travel, the police department is hereby authorized to determine and designate no-parking zones on such property and shall place and maintain appropriate signs indicating the same. No person shall park, stop or stand in disobedience to such sign. The provisions of this section shall become effective and be enforced so far as applicable with the same force and effect as though such private property were a public street or highway." (Ord. 299,
passed 3-18-68)
Sec. 8.10d. After Section 8.10c, add Section 8.10d, as follows:
"Sec. 8.10d. Trailer parking; restrictions.
(a) It shall be unlawful to park any trailer, whether loaded or unloaded and/or whether unattached or attached to the rear of a motor vehicle, on any street in the city in any manner other than by parking the same parallel to the curb; provided, however, that no such trailer shall be parked on any street in the city during dark hours. It shall further be unlawful to park or store any trailer on any portion of any property zoned residential, except that for good cause shown, the Chief of Police may grant a special parking permit.
(Ord. 438, passed 12-18-72 ; Am. Ord. 696, passed 1-7-91)
(b) For the purposes of this section, the word 'trailer' shall be defined to mean any vehicle, except recreational vehicles, designed to be used for the purpose of being pulled by a motor vehicle weighing more than 5,500 pounds and/or over 22 feet in length, on the public streets."
(Ord. 438, passed 12-18-72; Am. Ord. 696, passed 1-7-91)
Sec. 8.25. After Section 8.24, add Section 8.25, as follows:
"Sec. 8.25. Placement of official signs, determination; chief of police, authority.
The chief of police or his duly authorized representative is hereby designated as the official person of the city to determine the placement of official signs prohibiting or restricting parking, stopping or standing."
(Ord. 290, passed 10-16-67)
Sec. 8.26. After Section 8.25, add Section 8.26, as follows:
"Sec. 8.26. Parking on lawn extension.
No person shall drive upon, park or stand any vehicle between the curb or curb line and the lot line nearest the street, said area being commonly known as lawn extension, whether or not any sidewalk or curb is actually in place on said street."
(Ord. 513, passed 4-18-77)
Appendix II
Sec. 1. CODE ADOPTED. Section amended to read:
"The Uniform Traffic Code for cities, townships and villages promulgated by the Commissioner of
State Police on February 14, 1958 and published in Supplement No. 13, and as amended both on February 14, 1961 and published in Supplement No. 25, and on February 26, 1968 and published in Supplement No. 54, and on August 4, 1976 and published in Supplement No. 88, to the 1954 Michigan Administrative Code, in accordance with Public Act 62 of 1956, State of Michigan is hereby adopted by reference as in this chapter modified." (Errata, 2/10/77)
Appendix V
Sec. 1. AMENDMENTS TO CODE ADOPTED. Section amended to read:
"Amendments to sections (here list section numbers) of the Uniform Traffic Code for cities, townships and villages, and the amendment of such Uniform Traffic Code by the addition of sections (here list sections added), all of which were promulgated by the Director of the Department of State Police, effective August 4, 1976 and published in Supplement No. 88 to the 1954 Michigan Administrative Code, in accordance with Act No. 62 of the Michigan Public Acts of 1956, are hereby adopted by reference amending and adding similarly numbered sections of ordinance adopted on ." (Errata, 2 /10/77)
Penalty, see § 70.99