The following sections and subsections of the Uniform Traffic Code are hereby amended or deleted as set forth and additional sections and subsections are added as indicated.
UTC Section 1.1 Words and Phrases. (Amended)
The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section. Whenever any word or phrase used in this chapter is not defined herein but is defined in Act No. 300 of the Public Acts of 1949, as amended, being Sec. 257.1 et seq. of the Michigan Compiled Laws, the definition therein shall be deemed to apply to the words and phrases used in this chapter.
Sec. 1.006b. Civil Infraction Determination.
"Civil infraction determination" means a determination that a person is responsible for a civil infraction based on one of the following:
(a) An admission of responsibility for the civil infraction.
(b) An admission of responsibility for the civil infraction, "with explanation."
(c) A preponderance of the evidence at an informal hearing or formal hearing on the subject under M.C.L. 600.113.
Sec. 1.007b. Conviction.
"Conviction" means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court; or a finding of guilt or probate court order of disposition for a child found to be within the provisions of Chapter XII of Act No. 288 of the Public Acts of 1939, being Sections 712A.1 to 712A.28 of the Michigan Compiled Laws, on a traffic law violation charge, regardless of whether the penalty is rebated or suspended.
Sec. 1.010d. Former Section 257.625(1) or (2).
"Former Section 257.625(1) or (2)" means M.C.L. 257.625(1) or (2), as amended by Act No. 391 of the Public Acts of 1978, Act No. 515 of the Public Acts of 1980, Act No. 309 of the Public Acts of 1982 or Act No. 109 of the Public Acts of 1987.
Sec. 1.010e. Former Section 257.625b.
"Former Section 257.625b" means M.C.L. 257.625b, as amended by Act No. 285 of the Public Acts of 1976, Act No. 515 of the Public Acts of 1980, Act No. 309 of the Public Acts of 1982, or Act No. 109 of the Public Acts of 1987.
Sec. 1.014a. Law of Another State.
"Law of another state" means a law or ordinance enacted by another state or by a local unit of government in another state.
Sec. 1.025b. Prosecuting Attorney.
"Prosecuting attorney," except as the context otherwise requires, means the attorney general, the prosecuting attorney of a county, or the attorney representing a local unit of government.
UTC Section 2.5a Abandoned vehicle procedures. (Amended)
(1) As used in this section, “abandoned vehicle” means a vehicle which has remained on public property or private property for a period of 48 hours after a police agency has affixed a written notice to the vehicle.
(2) If a vehicle has remained on public or private property for a period of time so that it appears to the police agency to be abandoned, the police agency shall do all of the following:
(a) Determine if the vehicle has been reported stolen;
(b) Affix a written notice to the vehicle. The written notice shall contain the following information:
(i) The date and time the notice was affixed.
(ii) The name and address of the police agency taking the action.
(iii) The name and badge number of the police officer affixing the notice.
(iv) The date and time the vehicle may be taken into custody and stored, at the owner’s expense, or scrapped if the vehicle is not removed.
(v) The year, make and vehicle identification number of the vehicle, if available.
(3) If the vehicle is not removed within 48 hours after the date the notice was affixed, the vehicle is deemed abandoned and the police agency may have the vehicle taken into custody.
(4) A police agency which has a vehicle taken into custody shall do all of the following:
(a) Recheck to determine if the vehicle has been reported stolen;
(b) Within 24 hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network;
Uniform Traffic Code
(c) Within 7 days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by facet-Class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i) The year, make and vehicle identification number of the vehicle, if available;
(ii) The location from which the vehicle was taken into custody;
(iii) The date on which the vehicle was taken into custody;
(iv) The name and address of the police agency which had the vehicle taken into custody;
(v) The business address of the custodian of the vehicle;
(vi) The procedure to redeem the vehicle;
(vii) The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees;
(viii) A form petition which the owner may file in person or by mail with the specified court, which requests a hearing on the police agency's action;
(ix) A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or to the proceeds of the sale.
(5) The registered owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing thereon. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner for the accrued towing and storage fees.
(6) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(7) If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle and the police agency for its accrued costs.
(8) Not less than 20 days after the disposition of the hearing described in subsection ( 5) hereof, or, if a hearing is not requested not lass than 20 days after the date of the notice, the police agency shall offer the vehicle for sale at a public sale pursuant to section 2.5g.
(9) If the ownership of a vehicle which has been deemed abandoned under this section cannot be determined, either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at a public sale, pursuant to section 2.5g, not less than 30 days after public notice of the sale has been published.
UTC Section 2.5b. Abandoned scrap vehicle procedures. (Added)
(1) As used in this section
(a) "Registered abandoned scrap vehicle" means a vehicle which meets all of the following requirements:
(i) Is on public or private property;
(ii) Is seven or more years old;
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe, as required by section 5.71, would exceed the fair market value of that vehicle;
(iv) Is currently registered in the state or displays current year registration plates from another state;
(v) Is not removed within 48 hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(b) "Unregistered abandoned scrap vehicle" means a vehicle which meets all of the following requirements:
(i) Is on public or private property;
(ii) Is 7 or more years old.
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe, as required by section 5 .71, would exceed the fair market value of that vehicle;
(iv) Is not currently registered in this state and does not display current year registration plates from another state;
(v) Is not removed within 48 hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(2) A police agency may have an unregistered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(a) Determine if the vehicle has been reported stolen;
(b) Take 2 photographs of the vehicle;
(c) Make a report to substantiate the fact that the vehicle is an unregistered abandoned scrap vehicle. The report shall contain the following information:
(i) The year, make and vehicle identification number, if available;
(ii) The date of abandonment;
(iii) The location of abandonment;
(iv) A detailed listing of the damage or the missing equipment;
(v) The reporting officer’s name and title;
(vi) The location where the vehicle is being held.
(d) Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(3) Within 24 hours, excluding Saturdays, Sundays and legal holidays, after taking the vehicle into custody, the police agency shall complete a release form and release the vehicle to the towing service or to a used vehicle parts dealer or vehicle scrap metal processor, who or which shall then transmit that release form to the secretary of state and apply for a certificate of title or a certificate of scrapping.
(4) The release form described in subsection (3) hereof shall be furnished by the secretary of state and shall include a certification executed by the applicable police agency when the abandoned scrap vehicle is, released. The certification shall state that the police agency has complied with all the requirements of paragraphs (2)(b) and (c) hereof.
(5) The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than 2 years. The 2 photographs taken pursuant to paragraph (2)(b) hereof shall be retained by the police agency for not less than 2 years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.
(6) A police agency may have a registered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following
(a) Determine if the vehicle has been stolen.
(b) Take 2 photographs of the vehicle;
(c) Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information
(i) The year, make and vehicle identification number, if available.
(ii) The date of abandonment.
(iii) The location of abandonment.
(iv) A detailed listing of the damage or the missing equipment.
(v) The reporting officer's name and title.
(vi) The location where the vehicle is being held.
(d) Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(e) Within 7 days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first-class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i) The year, make and vehicle identification number of the vehicle, if available.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency which had the vehicle taken into custody.
(v) The business address of the custodian of the vehicle.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.
(viii) A form petition which the owner may file in person or by mail with the specified court, which petition requests a hearing on the police agency's action.
(ix) A warning that failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the termination of all rights of the owner and the secured party to the vehicle.
(7) The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing thereon. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount as determined by the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(8) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(9) If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(10) Not less than 20 days after the disposition of the hearing described in subsection (7) hereof, or, if a hearing is not requested, not less than 20 days after the date of the notice described in paragraph 6(e) hereof, the police agency shall follow the procedures established in subsections (3) to (5) hereof.
UTC Section 2.5c. Vehicle removed from private property. (Added)
(1) When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or a police agency, the custodian of the vehicle shall immediately notify the police agency from whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police agency to enter the vehicle into the law enforcement information network.
(2) Upon receipt of the notification described in subsection (1) hereof, the police agency shall immediately do all of the followings
(a) Determine if the vehicle has been reported stolen;
(b) Enter the vehicle into the law enforcement information network.
(3) The owner of the vehicle removed as described in subsection (1) hereof may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police agency of the disposition of the vehicle.
(4) If the vehicle described in subsection (1) hereof is not claimed by the owner within 7 days after the police agency has been notified by the custodian that it has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in section 2.5a(4)(c) to (9) shall apply.
UTC Section 2.5d. Vehicle removed by police. (Added)
(1) A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from
public or private property to a place for safekeeping, at the expense of the registered owner of the vehicle, in any of the following circumstances
(a) If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
(b) If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.
(c) If a vehicle is parked in a posted tow away zone.
(d) if there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.
(e) If the vehicle must be seized to preserve evidence of a crime, or when there is a reasonable cause to believe that the vehicle was used in the commission of a crime.
(f) If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or man-made disaster or other emergency.
(g) If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner which impedes the movement of another vehicle.
(2) A police agency which authorizes the removal under subsection (1) hereof shall do all of the following:
(a) Check to determine if the vehicle has been reported stolen.
(b) Within 24 hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This paragraph does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.
(c) If the vehicle has not been redeemed within 10 days after moving the vehicle, send to the registered owner and the secured party, as shown by the records of the secretary of state, by first-class mail or personal service, a notice that the vehicle! has been removed. However, if the police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within 24 hours after the removal, and if the vehicle has not been redeemed within 30 days and upon complaint from the towing service, the police agency of a vehicle shall send the notice within 30 days after the removal. The notice shall be on a form furnished by the secretary of state. The notice form shall contain the following information:
(i) The year, make and vehicle identification number of the vehicle, if available.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency which had the vehicle taken into custody.
(v) The location where the vehicle is being held.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the daily towing and storage fees.
(viii) A form petition which the owner may file in person or by mail with the specified court, which petition requests a hearing on the police agency’s action.
(ix) A warning that failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or to the proceeds of the sale, or to both the vehicle and the proceeds.
(3) The registered owner may contest the fact that the vehicle was properly removed or the reasonableness of the towing fees and daily storage fees by requesting a hearing thereon. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain the release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly removed, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(4) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(5) If the owner does not redeem the vehicle or request a hearing within 20 days, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle prior to the date of the sale.
(6) Not less than 20 days after the disposition of the hearing described in subsection (3) hereof, or, if a hearing is not requested, not less than 20 days after the date of the notice described in paragraph (2)(c) hereof, the police agency shall offer the vehicle for sale at a public sale, unless the vehicle is redeemed. The public sale shall be held pursuant to section 2.5g.
(7) If the ownership of the vehicle which has been removed under this section cannot be determined, either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at a public sale, pursuant to section 2.5g, not leas than 30 days after public notice of the sale has been published.
UTC Section 2.5e. Abandoned vehicle; jurisdiction of court. (Added)
(1) The following courts shall have jurisdiction to determine if a police agency has acted properly in processing a vehicle under Sections 2. 5a, 2. 5b(6) to (10) , 2. 5c and 2. 5d
(a) The District Court
(b) A municipal court
(c) The Common Pleas Court of the City of Detroit.
(2) The court specified in the notice prescribed in section 2.5a(4)(c), 2.5b(6), 2.5c(4) or 2.5d(2)(c) shall be the court which has territorial jurisdiction at the location from where the vehicle was removed or deemed abandoned. Venue in the district court shall be governed by section 8312 of Act No. 236 of the Public Acts of 1961, as amended, being 5600.8312 of the Michigan Compiled Laws.
(3) If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure the release of the vehicle under section 2.5a, 2.5c or 2.5d shall be used to pay the towing and storage fees.
UTC Section 2.5f. Abandoned vehicle; duties of court. (Added)
(1) Upon receipt of a petition prescribed ins section 2.5a, 2.5b, 2.5c or 2.5d, signed by the owner of the vehicle which has been taken into custody, the court shall do both of the following:
(a) Schedule a hearing within 30 days for the purpose of determining whether or not the police agency acted properly.
(b) Notify the owner and the police agency of the time and place of the hearing.
(2) At the hearing specified in subsection (1) hereof, the police agency shall have the burden of showing, by a preponderance of the evidence, that it has complied with the requirements of this act in processing the abandoned vehicle or the vehicle removed pursuant to section 2.5d.
(3) After the hearing, the court shall make a decision which shall include 1 or more of the following:
(a) A finding that the police agency complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under section 2.5d, and an order providing for a period of 20 days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within 20 days, the police agency shall dispose of the vehicle pursuant to section 2.5b or 2.5g.
(b) A finding that the police agency did not comply with the procedures established for the processing of an abandoned vehicle or a vehicle removed pursuant to section 2.5d. After snaking such a finding, the court shall issue an order directing that the vehicle be immediately released to the owner and that the police agency is responsible !or the accrued towing and storage charges.
(c) A finding that the towing and daily storage lees were
reasonable.
(d) A finding that the towing and daily storage fees were unreasonable and issue an order directing an appropriate reduction.
UTC Section 2.5g. Abandoned vehicle; public sale. (Added)
(1) A public sale for a vehicle which has been deemed abandoned and or section 2.5a or 2.5c or removed under section 2.5d shall be conducted in the following manner:
(a) It shall be under the control of the police agency or agent of the police agency.
(b) It shall be open to the public and consist of open auction bidding or bidding by sealed bids. If sealed bide are received, the person submitting the bid shall receive a receipt for the bid from the police agency or agent of the police agency.
(c) Except as provided by sections 2.5a(9) arid 2.5dC7), the sale shall be held not less than 5 days- after public notice off the sale has been published.
(d) The public notice shall be published at least once in a newspaper having a general circulation within the County. The public notice shall give a description of the vehicle for sale and shall state the time, date and location of the sale.
(2) The money received from the public sale of the vehicle shall be applied in the following order of priority:
(a) Towing and storage charges.
(b) Expenses incurred by the police agency.
(e) To the secured party, if any, in the amount of the debt outstanding on the vehicle.
(d) Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.
(3) If there are no bidders on the vehicle, the police agency may do 1 of the following
(a) Turn the vehicle over to the towing firm to satisfy charges against the vehicle;
(b) Obtain title to the vehicle for the police agency, or the unit of government the police agency represents, by doing the following:
(i) Paying the towing and storage charges.
(ii) Applying for title to the vehicle.
(c) Bold another public sale pursuant to subsection C1) hereof.
(4) A person who acquires ownership of a vehicle under subsection (1) or (3) hereof, which vehicle has been designated as a distressed vehicle, shall make application for a salvage certificate of title within 15 days after obtaining the vehicle.
(5) Upon disposition of the vehicle, the police agency shall cancel the entry into the law enforcement information network.
UTC Section 3.13. School Property. (Added)
The provisions of M.C.L.A. 257.961, as amended, are hereby adopted by reference and the provisions of this Traffic Code shall apply to the operation, parking without fees and speed of motor vehicles upon properties of the Southgate Community School District, within the City.
UTC Section 5.15. Driving under influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(Amended)
(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 the City of Southgate, 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 the City of Southgate, by a person who is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, or 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.
(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 the City of Southgate, when, due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person who is less than 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 the City of Southgate, if the person has any bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:
(a) An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony. In a prosecution for a violation of this subsection, the defendant bears the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(5) A person, whether licensed or not, is subject to the following requirements:
(a) He or she shall not operate a vehicle in violation of subsection (1) or (3) 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 and shall be sentenced to pay a fine of not less than $200.00 or more than $1,000 and to 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
(ii) Community service for not less than 30 days or more than 90 days.
(b) He or she shall not operate a vehicle in violation of subsection (4) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:
(i) Except as provided in subparagraph (ii), a person who violates this subdivision may be sentenced to 1 or more of the following:
(A) Community service for not more than 60 days.
(B) A fine of not more than $500.00.
(C) Imprisonment for not more than 93 days, or such other period allowed by law.
(ii) If the violation occurs within 7 years of a prior conviction or within 10 years of 2 or more prior convictions, a person who violates this subdivision shall be sentenced to pay a fine of not less than $200.00 or more than $1,000 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
(B) Community service for not less than 30 days or more than 90 days.
(c) In the judgment of sentence under subdivision (5)(a) or (5)(b)(i), the court may, unless the vehicle is ordered forfeited under Section 410.07, order vehicle immobilization as provided in Section 410.06. In the judgment of sentence under subdivision (5)(b)(ii), the court shall, unless the vehicle is ordered forfeited under Section 410.07, order vehicle immobilization as provided in Section 410.06.
(6) If a person is convicted of violating subsection (1), all of the following apply:
(a) Except as otherwise provided in subdivisions (6)(b) and (6)(c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 45 days.
(ii) Imprisonment for not more than 93 days, or such other period allowed by law.
(iii) A fine of not less than $100.00 or more than $500.00.
(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000 and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than 90 days.
(c) In the judgment of sentence under subdivision (6)(a), the court may order vehicle immobilization as provided in Section 410.06. In the judgment of sentence under subdivision (6)(b), the court shall, unless the vehicle is ordered forfeited under Section 410.07, order vehicle immobilization as provided in Section 410.06.
(d) In the judgment of sentence under subdivision (6)(b), the court may impose the sanction permitted under Section 410.07.
(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 such period allowed by law, or a fine of not less than $100.00 or more than $500.00, or both.
(8) If a person is convicted of violating subsection (3), all of the following apply:
(a) Except as otherwise provided in subdivision (8)(b), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 45 days.
(ii) Imprisonment for not more than 93 days, or such period allowed by law.
(iii) A fine of not more than $300.00.
(b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000, and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively. This term of imprisonment shall not be suspended.
(ii) Community service for not less than 30 days or more than 90 days.
(c) In the judgment of sentence under subdivision (8)(a), the court may order vehicle immobilization as provided in Section 410.06. In the judgment of sentence under subdivision (8)(b), the court shall, unless the vehicle is ordered forfeited under Section 410.07, order vehicle immobilization as provided in Section 410.06.
(d) In the judgment of sentence under subdivision (8)(b), the court may impose the sanction permitted under Section 410.07.
(9) If a person is convicted of violating subsection (4), all of the following apply:
(a) Except as otherwise provided in subdivision (9)(b), the person is guilty of a misdemeanor punishable by 1 or both of the following:
(i) Community service for not more than 45 days.
(ii) A fine of not more than $250.00.
(b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or more of the following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment for not more than 93 days, or such period allowed by law.
(10) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the Code of Criminal Procedure, 1927 PA 175, M.C.L. 760.1 to 776.22.
(11) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the City of Southgate for the cost of supervision incurred by the City as a result of the person's activities in that service.
(12) If the prosecuting attorney intends to seek an enhanced sentence under this section or a sanction under Section 410.06 or 410.07, based upon the defendant having one or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, a statement listing the defendant's prior convictions.
(13) If a person is charged with a violation of subsection (1), (3), or (6) or section 5.15g (commercial vehicle), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (6) in exchange of dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.
(14) A prior conviction shall be established at sentencing by one or more of the following:
(a) An abstract of the conviction;
(b) A copy of defendant's driving records;
(c) An admission by the defendant.
(15) Except as otherwise provided in subsection (17), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(16) Except as otherwise provided in subsection (17), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.
(17) A special verdict described in subsections (15) and (16) is not required if a jury is instructed to make a finding solely as to either of the following:
(a) Whether the defendant was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(18) If a jury or court finds under subsection (15), (16) or (17) that the defendant operated a motor vehicle under the influence or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an intoxicating liquor, the court shall do both of the following:
(a) Report the finding to the secretary of state.
(19) Except as otherwise provided by law, a record described in subsection (18)(b) is a public record and the department of state police shall retain the information contained on that record for not less than 7 years.
(20) Subject to subsection (22), as used in this section, "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:
(a) Except as provided in subsection (21), a violation or attempted violation of subsection (1), (3), (4) or (5) above, or a violation of M.C.L. 257.625(1), (3), (4), (5), (6), or (7), section 625m, former section 625(1) or (2), or former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(21) Except for purposes of the enhancement described in subsection (9)(b), only 1 violation or attempted violation of subsection (4), or a corresponding state statute, may be used as a prior conviction.
(22) If 2 or more convictions described in subsection (20) are convictions for violations arising out of the same transaction, only 1 conviction shall be used to determine whether the person has a prior conviction.
U.T.C. Section 5.15a. Arrest; chemical tests. (Amended)
(1) A peace officer, without a warrant, may arrest a person when the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a vehicle involved in the accident in the City of Southgate while in violation of Section 5.15(1), (3), or (4) hereof.
(2) A peace officer may also arrest a person if the person is found in the driver's seat of a vehicle parked or stopped on a highway or street within the City of Southgate 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 Section 5.15(1), (3), or (4) hereof.
(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 general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in the City of Southgate, and that the person, by the consumption of intoxicating liquor, may have been affected in his or her ability to operate a vehicle; or reasonable cause to believe that a person was operating a commercial motor vehicle within the City of Southgate 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 the City of Southgate, while the person had any bodily alcohol content as that term is defined in Section 5.15(4); may require the person to submit to a preliminary chemical breath analysis. The following provisions shall apply with respect to a preliminary chemical breath analysis:
(a) A peace officer may arrest a person based in 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 5.15c(1) hereof or in an administrative hearing for one or more of the following purposes:
(i) Solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. This subdivision does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(ii) As evidence of the defendant's breath alcohol content, if offered by the defendant.
(iii) As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony or other evidence, including, but not limited to, testimony elicited on cross-examination of a prosecution witness, that is offered or elicited to prove that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered pursuant to subsection (7)
(c) A person who submits to a preliminary chemical breath analysis shall remain subject to the requirements of Sections 5.15c, 5.15d, and 5.15e for purposes of chemical tests described in those sections.
(d) Except as provided in subsection (5), a person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction.
(4) 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 M.C.L. 257.319d. A peace officer shall order out-of-service as required under M.C.L. 257.319d 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 the use of other competent evidence by the peace officer to determine whether to order a person out-of-service under M.C.L. 257.319d.
(5) 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 90 days or a fine of not more than $100.00, or both, and shall result in the issuance of a 24-hour out-of-service order.
(6) 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 90 days or a fine of not more than $100.00, or both.
(7) The following provisions shall 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 or urine, or the amount of alcohol in a person's breath, at the time alleged, as shown by chemical analysis of the person's blood, urine, or breath, is admissible into evidence in any civil or criminal proceeding.
(b) A person arrested for a crime described in Section 5.15c(1) hereof shall be advised of all of the following:
(i) That if he or she takes a chemical test of his or her blood, urine or breath administered at the request of a peace officer, he or she has the right to demand that a person of his or her own choosing administer one of the chemical tests; that the results of the test are admissible in a judicial proceeding as provided in Section 5.15 et seq. hereof and shall be considered with other competent evidence in determining the innocence or guilt of the defendant; and that he or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.
(ii) That if he or she refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court order, but the peace officer may seek to obtain such a court order.
(iii) That his or her refusal of the request of a peace officer to take a test described in subparagraph (i) shall result in the suspension of his or her operator's or chauffeur's license and vehicle group designation or operating privilege and in the addition of 6 points to his or her driver record.
(c) A sample or specimen or urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or a licensed nurse or medical technician under the direction of a licensed physician under Section 16215 of the Public Health Code, Act 368 of the Public Acts of 1978, being M.C.L. 333.16215, who is qualified to withdraw blood acting in a medical environment, at the request of a peace officer, may withdraw blood for the purpose of determining the amount of alcohol or the presence of a controlled substance, or both, in the person's blood as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures shall not attach to a qualified person who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless the withdrawal or analysis is performed in a negligent manner.
(d) A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in Section 5.15c(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 or her own choosing administer one of the chemical tests described in this subsection within a reasonable time after his or her detention. The results of the test shall be admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged shall be responsible for obtaining a chemical analysis of the test sample.
(e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver's blood is withdrawn at that time for the purpose of medical treatment, the results of a chemical analysis of that sample shall be admissible in any civil or criminal proceeding to show the amount of alcohol or the 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.
(8) The provisions of subsection (7) relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether the person had a blood alcohol content of 0.10 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 or her body. As used in this section, "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.
(9) If a chemical test described in subsection (7) 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 2 days before the day of 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.
(10) Except in a prosecution relating solely to a violation of Section 5.15(1)(b) or (4) hereof, 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 shall be 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 in excess of 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 shall be presumed that the defendant's ability to operate a vehicle was impaired within the provisions of Section 5.15(3) due to the consumption of intoxicating liquor.
(c) If there 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 shall be presumed that the defendant was under the influence of intoxicating liquor.
(11) A person's refusal to submit to a chemical test as provided in subsection (7) hereof shall be admissible in a criminal prosecution for a crime described in Section 5.15c(1) hereof only for the purpose of showing that a test was offered to the defendant, but not as evidence in determining the innocence or guilt of the defendant. The jury shall be instructed accordingly.
U.T.C. Section 5.15b. Court scheduling; advice of rights; substance abuse screening; licensing sanctions. (Amended)
(1) A person arrested for a misdemeanor violation of Section 5.15(1), (3), or (4), or Section 5.15g hereof, shall be arraigned on the citation, complaint, or warrant not more than 14 days after the date of arrest for violation or, if an arrest warrant is reissued, not more than 14 days after the issued or 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 Section 5.15(1), (3), (4), or Section 5.15g. 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 arrest 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 a party, and the length of an adjournment will not exceed 14 days. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. 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 final disposition, a case in which the defendant is charged with a misdemeanor violation of Section 5.15(1), (3), or (4) hereof, 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 warrant is served. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.
(3) Before accepting a plea of guilty or nolo contendere under Section 5.15 et seq. hereof, 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 pursuant to M.C.L. 257.204a.
(4) Before imposing sentence, other than court-ordered license sanctions, for a violation of Section 5.15(1), (3), or (4) hereof, 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. As part of the sentence, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, reassessment and rehabilitative services.
(5) Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of Section 5.15(1), (3), or (4) hereof, whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the Michigan driving record of the person, except those convictions which, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following licensing sanctions:
(a) For a conviction under Section 5.15(1):
(i) If the court finds that the convicted person has no prior conviction within 7 years for a violation of M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(1) or (3), or former M.C.L. 257.625(1) or (2), or former 257.625b, or a law of another state substantially corresponding to M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or the former Southgate City ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 6 months or more than 2 years. The court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the period of suspension, except that a restricted license shall not be issued during the first 30 days of the period of suspension.
(ii) If the court finds that the person has one prior conviction within 7 years for a violation of M.C.L. 257.625(3), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(3), or former M.C.L. 257.625b, or the former Southgate City ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 6 months or more than 2 years. If the court finds compelling circumstances under subsection (9) hereof sufficient to warrant the issuance of a restricted license to a person, the court may order the Secretary of State to issue to the person a restricted license during all or any portion of the period of suspension, except that a restricted license shall not be issued during the first 60 days of the period of suspension.
(iii) If the court finds that the person has one or more prior convictions within 7 years for a violation of M.C.L. 257.625(1), (4), or (5), or former M.C.L. 257.625(1) or (2), a local ordinance substantially corresponding to M.C.L. 257.625(1), (4), or (5), or former M.C.L. 257.625(1) or (2), or a law of another state substantially corresponding to M.C.L. 257.625(1), (4), or (5), or former M.C.L. 257.625(1) or (2), or that the person has 2 or more prior convictions within 10 years for a violation of M.C.L. 257.625(1) or (3), former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(1), (3), (4), or (5), or M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or a law of another state substantially corresponding to M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or the former City of Southgate ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to revoke the operator's or chauffeur's license of the person and shall not order the Secretary of State to issue a restricted license to the person.
(b) For a conviction under Section 5.15(3) hereof:
(i) If the court finds that the convicted person has no prior conviction within 7 years for a violation of M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(1) or (3), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or a law of another state substantially corresponding to M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or the former Southgate City ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 90 days or more than 1 year. However, if the person is convicted of a violation of Section 5.15(3) for operating a vehicle when, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate the vehicle was visibly impaired, the court may order the Secretary of State to suspend the operator's or chauffeur's license of the person for not less than 6 months or more than 1 year. If the court finds compelling circumstances under subsection (9) hereof sufficient to warrant the issuance of a restricted license to a person, the court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the period of suspension.
(ii) If the court finds that the person has one prior conviction within 7 years for a violation of M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(1) or (3), former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or a law of another state substantially corresponding to M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or the former Southgate City ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 6 months or more than 2 years. If the court finds compelling circumstances under subsection (9) hereof sufficient to warrant the issuance of a restricted license to the person, the court may order the Secretary of State to issue to the person a restricted license during all or any portion of the period of the suspension, except that a restricted license shall not be issued during the first 60 days of the period of suspension.
(iii) If the court finds that the person has 2 or more prior convictions within 10 years for a violation of M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(1) or (3), former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or a law of another state substantially corresponding to M.C.L. 257.625(1), (3), (4), or (5), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or the former City of Southgate ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to revoke the operator's or chauffeur's license of the person and shall not order the Secretary of State to issue a restricted license to the person.
(c) For a conviction under Section 5.15(4) hereof:
(i) If the court finds that the convicted person has no prior conviction within 7 years for a violation of M.C.L. 257.625(1), (3), (4), (5), or (6), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(1), (3), or (6), former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b. or a law of another state substantially corresponding to M.C.L. 257.625(1), (3), (4), (5), or (6), former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or the former Southgate City ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for not less than 30 days or more than 90 days. The court may order the Secretary of State to issue to the person a restricted license during all or a specified portion of the period of suspension.
(ii) If the court finds that the person has one or more prior convictions within 7 years for a violation of M.C.L. 257.625(1), (3), (4), (5), or (6), or former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, a local ordinance substantially corresponding to M.C.L. 257.625(1), (3), or (6), former M.C.L. 257.625(1) or (2), or former M.C.L. 257.625b, or a law of another state substantially corresponding to M.C.L. 257.625(1), (3), (4), (5), or (6), former M.C.L. 257.625(1) or (2), or former Section 257.625b, or the former Southgate City ordinance amending Section 5.15 et seq. of the U.T.C., the court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 90 days or more than 1 year. The court may order the Secretary of State to issue to the person a restricted license during all or any portion of the period of suspension, except that a restricted license shall not be issued during the first 90 days of the period of suspension.
(6) A restricted license issued pursuant to an order under subsection (5) hereof shall permit the person to whom it is issued to do one or more of the following:
(a) Drive to and from the person's residence and work location.
(b) Drive in the course of the person's employment or occupation.
(c) Drive to and from the person's residence and an alcohol or drug education or treatment program as ordered by the court.
(d) Drive to and from the person's residence and the court probation department, or a court-ordered community service program, or both.
(e) Drive to and from the person's residence and an educational institution at which the person is enrolled as a student.
(f) Drive to and from the person's residence or work location and a place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate family.
(7) The court may order that the restricted license issued pursuant to subsection (5) hereof include the requirement that the person shall not operate a motor vehicle unless the vehicle is equipped with a functioning ignition interlock device. The device shall be set to render the motor vehicle inoperable if the device detects an alcohol content of 0.02 grams or more per 210 liters of breath of the person who offers a breath sample. The court may order installation of an ignition interlock device on any motor vehicle that the person owns or operates, the cost of which shall be borne by the person whose license is restricted.
(8) The court shall not order the Secretary of State under subsection (5) hereof to issue a restricted license that would permit a person to operate a commercial vehicle that hauls hazardous materials.
(9) The court shall not order the Secretary of State to issue a restricted license unless the person states under oath, and the court finds pursuant to testimony taken in open court or pursuant to statements contained in a sworn affidavit on a form prescribed by the State Court Administrator, that the person is unable to take public transportation to and from his or her work location, a place of alcohol or drug education treatment, a court-ordered community service program, an educational institution, or a place of regularly occurring medical treatment for a serious condition, and does not have any family members or other individuals able to provide transportation.
(10) The court order issued under subsection (5) hereof and the restricted license may indicate the permitted destinations of the person, or the permitted purposes for which the person may operate a vehicle, the approved route or routes if specified by the court, and permitted times of travel.
(11) Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of Section 5.15(1), (3), or (4) hereof, the person shall surrender to the court his or her operator's or chauffeur's license or permit. The court shall immediately destroy the license or permit and forward an abstract of conviction with court-ordered license sanctions to the Secretary of State. Upon receipt of, and pursuant to, the abstract of conviction with court-ordered licensed sanctions, the Secretary of State shall suspend or revoke the person's license and, if ordered by the court and if the person is otherwise eligible for a license, issue to the person a restricted license stating the limited diving privileges indicated on the abstract. If the judgment and sentence is appealed to the Circuit Court, the court may, ex parte, order the Secretary of State to stay the suspension, revocation, or restricted license issued pursuant to this section pending the outcome of the appeal.
(12) In addition to any other suspension or revocation ordered under this section, and as part of the sentence imposed upon a person who violates Section 5.15(1) or (3) while operating a commercial motor vehicle, the court shall order the Secretary of State to suspend the vehicle group designations on the operator's or chauffeur's license of the person in accordance with M.C.L. 257.319b(1)(c). If the vehicle was transporting hazardous material required to have a placard pursuant to 49 C.F.R. Parts 100 to 199, the court shall order the Secretary of State to suspend the vehicle group designations on the operator's or chauffeur's license of that person in accordance with M.C.L. 257.319b(1)(d). The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle.
(13) In addition to any other suspension or revocation order under this section, and as part of the sentence imposed upon a person who is convicted of a violation of Section 5.15(1) or (3) while operating a commercial motor vehicle within 10 years of a prior conviction, the court shall order the Secretary of State to revoke the vehicle group designations on the operator's or chauffeur's license of that person in accordance with M.C.L. 257.319(1)(e). The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this subsection, "prior conviction" means a conviction under Section 5.15(1) or (3) involving the operation of a commercial motor vehicle, or a conviction under Section 5.15g, or the former Southgate ordinance amending U.T.C. Section 5.15.
(14) As used in this section, "work location" means, as applicable, either the specified place or places of employment or the territory or territories regularly visited by the person in pursuance of the person's occupation, or both.
U.T.C. Section 5.15c. Implied consent. (Amended)
(1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the City of Southgate, is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or the presence of a controlled substance, or both, in his or her blood or urine, or the amount of alcohol in his or her breath, if the person is arrested for a violation of Section 5.15(1), (3), or (4), Section 5.15a(5), or Section 5.15g hereof.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in Section 5.15a(7).
U.T.C. Section 5.15d. Refusal to take chemical test. (Amended)
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to Section 5.15a(7) hereof, a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) A written report shall immediately be forwarded to the Secretary of State by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in Section 5.15c(1) hereof, and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the Secretary of State.
U.T.C. Section 5.15e. Refusal to submit to chemical test; written notice by officer; form; request for hearing. (Added)
(1) If a person refuses to submit to a chemical test pursuant to Section 5.15d, 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. 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.
U.T.C. Section 5.15f. Confiscation of license. (Amended)
(1) If a person refuses a chemical test offered pursuant to Section 5.15a(7) hereof, or submits to the chemical test or a chemical test is performed pursuant to a court order and the test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the following:
(a) On behalf of the Secretary of State, immediately confiscate the person's license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the Secretary of State.
(b) Except as provided in subsection (2), immediately do all of the following:
(i) Forward a copy of the written report of the person's refusal to submit to a chemical test required under Section 5.15d to the Secretary of State.
(ii) Notify the Secretary of State by means of the law enforcement information network that a temporary license or permit was issued to the person.
(iii) Destroy the person's driver's license or permit.
(2) If a person submits to a chemical test offered pursuant to Section 5.15a(7) hereof 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) hereof 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) hereof. 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 the arrest.
(3) A temporary license or permit issued under this section is valid for 1 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, 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 pleads guilty or nolo contendere to or is found guilty of or acquitted of those charges, or the person's license or permit is suspended, whichever occurs earlier.
(4) As used in this section, "unlawful alcohol content" means any of the following, as applicable:
(a) If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) If the person tested was operating a commercial motor vehicle within the City of Southgate, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 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.
UTC Section 5.15g. Operation of commercial motor vehicle by person with specified alcohol content. (Added)
(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 under either of the following circumstances:
(a) 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.
(b) The person is found in the driver's seat of a commercial motor vehicle parked or stopped on a highway or street within the City of Southgate 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) Except as otherwise provided in subsections (4) and (5), 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 such period allowed by law, or a fine of not more than $300.00, or both, together with costs of the prosecution. As part of the sentence, the court shall order the secretary of state to suspend the vehicle group designations on the operator's or chauffeur's license of that person pursuant to M.C.L. 257.319b(1)(c) or, if the vehicle was carrying hazardous material required to have a placard pursuant to 49 C.F.R. parts 100 to 199, pursuant to M.C.L. 257.319b(1)(d). The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle.
(4) A person who violates this section within 10 years of a prior conviction may be sentenced to imprisonment for not more than 1 year, or such period allowed by law, or a fine of not more than $1,000, or both. As part of the sentence, the court shall order the secretary of state to revoke the vehicle group designations on the operator's or chauffeur's license of the person pursuant to M.C.L. 257.319b(1)(e). The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle.
(a) As used in this subsection, "prior conviction" means a conviction for a violation of M.C.L. 257.625 (1), (4), or (5), or former Section M.C.L. 257.625 (1) or (2), a local ordinance substantially corresponding to M.C.L. 257.625(1), (4) or (5), or former Section M.C.L. 257.625 (1) or (2), or the provisions of the former Southgate ordinance amending U.T.C. Section 5.15, while operating a commercial motor vehicle.
(5) When assessing points and taking license sanctions under this act, the secretary of state and the court shall treat a conviction for an attempted violation of subsection (1) the same as if the offense had been completed.
U.T.C. Section 5.15h. Driver's license required; motorcycle endorsement; change of residence; violation as misdemeanor. (Amended)
(1) A person who is not licensed as an operator or chauffeur, as required by the Act, shall not operate a motor vehicle on the streets or highways of this governmental unit.
(2) A person who operates a motorcycle shall have a motorcycle endorsement on his or her operator's or chauffeur's license.
(3) An operator or chauffeur who changes his or her residence before the expiration of his or her license shall immediately take the license to the local examining board or to the Secretary of State, where the new address and the date of the change shall be entered on the back of the license.
(4) Before operating a moped on a highway, a person shall procure a special restricted license to operate a moped, unless the person has a valid operator's or chauffeur's license. A special restricted license to operate a moped may be issued to a person who is 15 years of age or older, if the person satisfies the office of the Secretary of State that he or she is competent to operate a moped with safety. The Secretary of State shall not require a road test before issuing a special restricted license to operate a moped.
(5) Before operating a single vehicle weighing over 24,000 pounds gross vehicle weight, or a bus or school bus, a person shall procure a Class 1 endorsement on his or her operator's or chauffeur's license. Before operating a combination of vehicles weighing over 24,000 pounds gross vehicle weight, or a vehicle towing a vehicle weighing over 10,000 pounds gross vehicle weight, a person shall procure a Class 2 endorsement on his or her operator's or chauffeur's license. The license shall be issued, suspended, revoked, canceled or renewed pursuant to the Act.
(6) A person who violates this section is guilty of a misdemeanor.
UTC Section 5.16a. Possession of alcoholic liquor within passenger compartment of vehicle. (Amended)
(1) Except as provided in subsection (2), a person who is an operator or occupant 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 or in the City of Southgate.
(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 City, 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) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan Liquor Control Code of 1998, 1998 PA 58, M.C.L. 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).
(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
UTC Section 5.16b. Consumption of alcoholic liquor on a highway, public place, or area generally accessible to motor vehicles. (Amended)
A person shall not consume alcoholic liquor upon a highway, street, alley, or any public or private property which is open to the general public and which is not licensed to sell alcoholic liquor for consumption on the premises, or within the passenger compartment of a moving vehicle upon a highway or in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in the City of Southgate.
UTC Section 5.62a. Operation of motor vehicle by person whose license is suspended, revoked, denied, or who has never applied for license; violations; penalties; subsequent offenses; confiscation of plates. (Amended)
(1) A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked and who has been notified as provided in M.C.L. 257.212 of that suspension or revocation, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles within the City of Southgate. A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the City of Southgate by a person whose license or registration certificate is suspended or revoked, whose application has been denied, or who has never applied for a license, except as permitted by the Motor Vehicle Code. A person who violates this subsection is guilty of a misdemeanor, punishable as follows:
(a) If the person's operator's or chauffeur's license has been suspended under M.C.L. 257.321a because that person has failed to answer a citation or has failed to comply with an order or judgment issued pursuant to M.C.L. 257.907, or imprisonment for not more that 90 days, or a fine of not more than $100.00, or both.
(b) For a violation, other than a violation punishable under subdivision (a), by imprisonment for not more than 90 days, or a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be confiscated.
(c) For a second or subsequent violation punishable under subdivision (b), by imprisonment for not more than 90 days, or a fine of not more than $500.00, or both. Unless the vehicle was stolen, the registration plates of the vehicle shall be confiscated.
(2) Before a person is arraigned before a district court magistrate or judge on a charge of violating this section, the arresting officer shall obtain the driving record of the person from the Secretary of State and shall furnish the record to the court. The driving record of the person may be obtained from the Secretary of State's computer information network.
(3) This section shall not apply to a person who operates a vehicle solely for the purpose of protecting human life or property, if the life or property is endangered and the summoning of prompt aid is essential.
UTC Section 5.62b. Impoundment of motor vehicle. (Added)
(1) When a person is convicted under Section 5.62a(1) of operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the motor vehicle, if it is owned in whole or in part by that person, may be ordered impounded for not less than 30 or more than 120 days from the date of judgment. The order of impoundment shall include the implied consent of the owner of the vehicle to the storage for insurance coverage purposes.
(2) An order of impoundment issued pursuant to subsection (1) is valid throughout the State. Any peace officer may execute the impoundment order.
(3) The owner of a motor vehicle impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vehicle, whether or not the vehicle is returned to him or her. The vehicle shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vehicle is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vehicle, the vehicle shall be considered an abandoned vehicle and disposed of as provided in Section 410.04 (UTC Section 2.5a et seq.).
(4) Nothing in this section affects the rights of a conditional vendor, chattel mortgagee or lessor of a motor vehicle registered in the name of another person as owner who becomes subject to this Act.
UTC Section 5.62c. Effect of nolo contendere plea. (Added)
A conviction based on a plea of nolo contendere shall be treated in the same manner as a conviction based on a plea of guilty or a finding of guilt for all purposes under sections 5.62a and 5.62b, except that neither the plea nor the conviction shall be admissible as substantive evidence of conduct at issue in a civil case arising out of the same occurrence.
UTC Section 5.63. Possession and display of license; violation punishable as misdemeanor. (Amended)
(1) Every driver shall have his or her operator's or chauffeur's license in his or her immediate possession at all times when driving a motor vehicle and shall display the license on demand of any police officer.
(2) The violation of this section is punishable as a misdemeanor.
UTC Section 5.63a. License restrictions; violation punishable as misdemeanor.
(1) A person shall not drive a motor vehicle in violation of the restrictions imposed on his or her license by the Secretary of State.
(2) The violation of this section is punishable as a misdemeanor.
UTC Section 5.64. Unlawful use of license; violation punishable as misdemeanor.
(1) It is unlawful for any person to display or cause or permit to be displayed or to have in his or her possession any operator's or chauffeur's license knowing the same to be fictitious or to have been cancelled, revoked, suspended, or altered.
(2) The violation of this section is punishable as a misdemeanor.
UTC Section 5.82. Mandatory child restraints. (Added)
(1) Except as provided in this section, or as otherwise provided by law, a rule promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, being M.C.L.A. 24.201 to 24.315, or pursuant to Federal regulation, each driver transporting a child in a motor vehicle shall properly secure any child less than 4 years of age, when transported in the front or rear seat, in a child restraint system which meets the standards prescribed in 49 C.F.R. 571.213.
(2) This section does not apply to a nonresident driver transporting a child in this state or to any child being nursed.
(3) This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle or other motor vehicle not required to be equipped with safety belts under section 710b of the Michigan Motor Vehicle Code or under Federal law or regulations.
(4) A person who violates this section is responsible for a civil infraction.
UTC Section 5.83 Safety belt usage; exclusions; enforcement; evidence of negligence; violations. (Added)
(1) This section shall not apply to a driver or passenger of:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
(e) A motor vehicle, if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.
(f) A motor vehicle which is not required to be equipped with safety belts under federal law.
(g) A commercial or United States postal service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services.
(h) A motor vehicle operated by a rural carrier of the United States postal service while serving his or her rural postal route.
(2) This section shall not apply to a passenger of a school bus.
(3) Each driver and front seat passenger of a motor vehicle operated on a street or highway in the City shall wear a properly adjusted and fastened safety belt, except that a child less than 4 years of age shall be protected as required in section 5.82.
(4) Each driver of a motor vehicle transporting a child 4 years of age or more but less than 16 years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt. If the motor vehicle is transporting more children than there are safety belts available for use, all safety belts available in the motor vehicle are being utilized in compliance with this section, and the driver and all front seat passengers comply with subsection (3) hereof, then the driver of a motor vehicle transporting a child 4 years of age or more but less than 16 years of age for which there is not an available safety belt is in compliance with this subsection if such child is seated in other than the front seat of the motor vehicle. However, if that motor vehicle is a pickup truck without an extended cab or jump seats, and all safety belts in the front seat are being used, the driver may transport such a child in the front seat without a safety belt.
(5) Enforcement of this section by State or local law enforcement agencies may be a primary action regardless of whether a driver of a motor vehicle has been detained for a suspected violation of another section of this Act.
(6) Failure to wear a safety belt in violation of this section may be considered evidence of negligence and may reduce the recovery for damages arising out of the ownership, maintenance or operation of a motor vehicle. However, such negligence shall not reduce the recovery for damages by more than five percent.
(7) A person who violates this section is responsible for a civil infraction.
(8) Points shall not be assessed for a violation of this section.
UTC Section 8.25. Parking of commercial vehicles. (Added)
(1) No person shall park any commercial vehicle on any street or highway in the City for longer than one hour. Trucks requiring more than one hour to load or unload shall obtain a permit from the Police Department.
(2) No unattached trailer, semi-trailer, pole trailer or trailer coach shall be parked on any street or road in the City or on the parkways or connecting drives of any streets on roads at any time.
(3) No commercial vehicle shall be parked on any residential street in the City except when necessary to serve any property located upon such street.
(4) This section shall not apply to buses, vehicles operated by the Department of Public Services or commercial vehicles of less than 4,800 pounds licensed road weight.
UTC Section 9.3. Penalties. (Amended)
Any provision of this chapter, including the Uniform Traffic Code adopted and amended herein, which describes an act or omission which constitutes a civil infraction under the terms of the Michigan Vehicle Code, being Act 300 of the Public Acts of 1949, as amended, shall be processed as a civil infraction and any person found to have committed a civil infraction may be ordered to pay a civil fine of not more than one hundred dollars ($100.00) and costs in accordance with Section 907 of the Michigan Vehicle Code. Violation of any of the provision of this chapter, including the Uniform Traffic Code adopted and amended herein, not constituting a civil infraction as herein provided, shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment of not more than ninety days, or both.
(1974 Code Sec. 10.4; Ord. 299. Passed 8-1-79; Ord. 342. Passed 7-1-81; Ord. 363. Passed 3-30-83; Ord. 364. Passed 3-30-83; Ord. 365. Passed 3-30-83; Ord. 390. Passed 7-25-84; Ord. 510. Passed 2-26-92; Ord. 640. Passed 6-11-97; Ord. 656. Passed 6-10-98; Ord. 683. Passed 9-29-99; Ord. 693. Passed 3-29-00.)