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CODES ADOPTED BY REFERENCE
(A) Code and amendments and revisions adopted. The Michigan Vehicle Code, Public Act 300 of 1949, being M.C.L.A. §§ 257.1 - 257.923, and all future amendments and revisions to the Michigan Vehicle Code when they are effective in this state are incorporated and adopted by reference. The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, Public Act 306 of 1969, being M.C.L.A. §§ 24.201 - 24.328, and made effective 10-30-2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state are incorporated and adopted by reference.
(B) Motor Safety Carrier Safety Ordinance.
(1) Purpose. Division (B) of this section shall be cited as the Manchester Village Motor Carrier Safety Ordinance. The purpose of these divisions are to protect the public health, safety and welfare by regulating and providing for local enforcement of motor carriers and motor carrier traffic consistent with the Motor Carrier Safety Act of 1963, PA 181, being M.C.L.A. §§ 480.11 et seq.
(2) Motor carrier safety regulation. The village hereby adopts by reference Public Act 181 of the Public Acts of 1963, the Michigan Motor Carrier Safety Act of 1963, being M.C.L.A. §§ 480.11 et seq. as amended, and incorporates the provisions stated therein as if fully stated herein for the purpose of local enforcement or motor carriers in the village.
(3) Copies of statutes for inspection and purchase. A complete copy of the Motor Carrier Safety Act as adopted herein by reference shall be kept in the office of the Village Clerk located at 912 City Road, P.O. Box 485, Manchester, Michigan 48158, and shall be made available for use, inspection, copying and distribution to the public for a reasonable fee as determined by the Clerk, which fee shall not exceed the cost for reproduction or furnishing copies of this division, the Motor Carrier Safety Act, of for any parts thereof.
(4) Penalties. The penalties provided under the Motor Carrier Safety Act are adopted by reference, provided, however, that the village may not enforce any provision of the Motor Carrier Safety Act for which the maximum period of imprisonment is greater than 93 days.
(Ord. 252, passed 12-5-2005)
(C) References in codes. References in the Michigan Vehicle Code to LOCAL AUTHORITIES shall mean the Village of Manchester. References in the Uniform Traffic Code for Cities, Townships and Villages to “governmental unit” shall mean the Village of Manchester.
(D) Savings clause. The repeal provided herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending fee, assessments, litigation, or prosecution of any right established, occurring prior to the effective date hereof.
(E) Location where the Michigan Vehicle Code and the Uniform Traffic Code for Cities, Townships, and Villages are available for inspection. A copy of the Michigan Vehicle Code, as amended, and the Uniform Traffic Code for Cities, Townships, and Villages, as amended, may be inspected or obtained at the offices of the Clerk of the Village of Manchester.
(F) Effective date. The Village Clerk shall cause this section, or a summary of this section, to be published in the maimer required by law within 15 days after it has been duly adopted by the Village Council. The effective date shall be 20 days after the date of passage or the date of publication, whichever occurs first.
(Ord. 245, passed 5-5-2003) Penalty, see § 70.99
SIDEWALK TRAFFIC
For the purpose of §§ 70.15 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED VEHICLES. Include any machine designed to traverse along a surface. CONTROLLED VEHICLES include those powered by either muscles or engines. CONTROLLED VEHICLES include, but are not limited to, unicycles, bicycles, tricycles, quadracycles, toy vehicles, scooters, wagons, roller skates, skateboards, remote-controlled vehicles, sleds, toboggans, ice skates, snowmobiles, motorcycles, motor scooters, mopeds, and automobiles.
OPERATION OF A CONTROLLED VEHICLE. Any use of inherent design capabilities other than that which causes it to be carried, pushed, or pulled at speeds less than or equal to an average walk.
REGULATED AREAS.
(1) Include those in which the operation of controlled vehicles is restricted.
(2) Shall be posted with signs at all points of entry. Signs shall be placed so as to be visible by operators of all types of vehicles. Wording of the signs shall be established by the Village Manager.
(Am. Ord. 225, passed 6-3-1996)
ROADWAY. Any street intended for the operation of automobiles.
SIDEWALKS. Paved walkways located between the facade of a building, front yard, parking lot, or easement and the curb, easement, or edge of a roadway. SIDEWALKS are primarily intended for pedestrian traffic.
(Ord. 169, passed 8-1-1988)
(A) Controlled vehicles shall not be operated on sidewalks within the boundaries of regulated areas. Controlled vehicles shall be carried, pushed, or pulled on sidewalks in regulated areas. The carrying, pushing, or pulling of a regulated vehicle shall be maintained at a speed no greater than an average walk.
(B) Muscle-powered controlled vehicles shall not be operated on the roadways of a regulated area. Engine-powered controlled vehicles are permitted to be operated on the roadways of a regulated area when they are not prohibited by county, state, or federal law. Bicycles are an exception to this provision.
(Ord. 169, passed 8-1-1988) Penalty, see § 70.99
(A) Delivery and utility equipment. Vehicles designed to move material or provide utility are permitted when they are operated in accordance with services typically required by commercial, office, or residential functions.
(B) Special events. Controlled vehicles can be operated in regulated areas during special events. Permission must first be obtained from the Village Council.
(C) Handicapped. Controlled vehicles can be operated in regulated areas if they are designed to enhance the mobility of a handicapped person and are limited to a speed no greater than a walk.
(Ord. 169, passed 8-1-1988) Penalty, see § 70.99
(A) Jurisdiction. Violations of §§ 70.15 et seq. are punishable as a civil infraction. Jurisdiction over the violations is held by the local municipal court. If a municipal court does not exist, the District Court will hold jurisdiction.
(B) Enforcement procedures.
(1) The Enforcement Officer shall be the village police or other public enforcement agency contracted by the village. The Enforcement Officer is authorized to issue citations, impound controlled Vehicles, and eject violators from the regulated areas.
(2) The Village of Manchester adopts the procedures for civil infraction actions set forth in Public Act 510 of 1978, being M.C.L.A. §§ 257.1 - 257.923. Divisions (B)(3), (B)(4), and (B)(5) below are the abridged basic procedures of the aforementioned sections of Public Act 510 of 1978, being M.C.L.A. §§ 257.1 - 257.923.
(3) A person to whom a citation is issued under the provisions of §§ 70.15 et seq. shall appear before the District Court Magistrate within the time specified or may respond to the allegations in the citation as provided elsewhere in Public Act 510 of 1978, being M.C.L.A. §§ 257.1 - 257.923.
(4) If a person chooses to admit responsibility for the civil infraction, he or she may do so by paying the fine in person or by mail to the District Court.
(5) If a person chooses to deny responsibility, he or she may contact the District Court Magistrate and schedule an informal hearing.
(C) Appeal. A person has the right to appeal the determination of the District Court Magistrate and recieve a formal hearing before a district court judge.
(Ord. 169, passed 8-1-1988) Penalty, see § 70.99
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