The Uniform Traffic Code for cities, townships and villages is hereby amended as set forth:
(A) Section 1.003a. shall be amended to read as follows:
Sec. 1.003a. Bicycle path.
“Bicycle path” means a portion of a street, highway, or sidewalk separated from the roadway by an open, unpaved space, or by a barrier, and established for the use of persons riding bicycles.
(B) Section 1.007b. shall be added to read as follows:
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.
(C) Section 1.010d. shall be added to read as follows:
Sec. 1.010d. Former Section 625(1) or (2).
“Former Section 625(1) or (2)” means Section 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, as amended.
(D) Section 1.010e. shall be added as follows:
Sec. 1.010e. Former Section 625b.
“Former Section 625b” means Section 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, as amended.
(E) Sec. 1.010f. shall be added to read as follows:
Sec. 1.010f. Former Section 5.15(1), (2) or (5).
“Former Section 5.15(1), (2) or (5)” means Section 5.15(1), (2) or (5) of the Traffic Code of the City of Wyandotte, as amended through December 31, 1991.
(F) Section 1.010g. shall be added to read as follows:
Sec. 1.010g. Former Section 5.15b(1), (3), or (4).
“Former Section 5.15b(1), (3), or (4)” means Section 5.15b(1), (3), (4) of the Traffic Code of the City of Wyandotte, as amended through December 13, 1991.
(G) Section 1.014a. shall be added to read as follows:
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.
(H) Section 1.025b. shall be added to read as follows:
Sec. 1.025b. Prosecuting attorney.
“Prosecuting attorney” except as the context otherwise required, means the attorney general, the prosecuting attorney of a county, or the attorney representing a local unit of government, including the City of Wyandotte.
(I) Section 2.5a. shall be amended to read as follows:
Sec. 2.5a. “Abandoned vehicle” defined; procedure for dealing with abandoned vehicles.
(1) As used in this section, “abandoned vehicle” means a vehicle which has remained on public property or private property for a period of forty-eight (48) hours after a police department or other governmental agency designated by the police department 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 department to be abandoned, the police department 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 department taking the action.
(iii) The name and badge number of the police officer affixing the notice.
(iv) The date and time the vehicle may be taken into custody and stored at the owner’s expense or scrapped if the vehicle is not removed.
(v) The year, make, and vehicle identification number of the vehicle, if available.
(3) If the vehicle is not removed within forty-eight (48) hours after the date the notice was affixed, the vehicle is deemed abandoned and the police department may have the vehicle taken into custody.
(4) A police department which has a vehicle taken into custody shall do all of the following:
(a) Recheck to determine if the vehicle has been reported stolen.
(b) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network.
(c) Within seven (7) days after taking the vehicle into custody, send to the registered owner and secured party, as shown on 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 department 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 hearing on the police department’s action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within twenty (20) days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.
(5) The registered owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to section 2.5e.
An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in an amount equal to the accrued towing and storage fees with the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police department shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(6) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(7) If the owner does not redeem the vehicle or request a hearing within twenty (20) days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle and the police department for its accrued costs.
(8) Not less than twenty (20) days after the disposition of the hearing described in subsection (5) or, if a hearing is not requested, not less than twenty (20) days after the date of the notice, the police department shall offer the vehicle for sale at a public sale pursuant to section 2.5f.
(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 department may sell the vehicle at public sale pursuant to section 2.5f not less than thirty (30) days after public notice of the sale has been published.
(J) Section 2.5b. is hereby adopted to read as follows:
Sec. 2.5b. “Registered abandoned scrap vehicle” defined; procedure for dealing with registered abandoned scrap vehicles.
(1) As used in this section:
(a) “Registered abandoned scrap vehicle” means a vehicle which meets all of the following requirements:
(i) Is on public or private property.
(ii) Is seven (7) or more years old.
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by MCLA 257.683 would exceed the fair market value of that vehicle.
(iv) Is currently registered in the state of Michigan or displays current year registration plates from another state.
(v) Is not removed within forty-eight (48) hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(b) “Unregistered abandoned scrap vehicle” means a vehicle which meets all of the following requirements:
(i) Is on public or private property.
(ii) Is seven (7) or more years old.
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by MCLA 257.683 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 forty-eight (48) hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(2) A police department may have an unregistered abandoned scrap vehicle taken into custody, in which case the police department shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Take two (2) photographs of the vehicle.
(c) Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:
(i) The year, make, and vehicle identification number if available.
(ii) The date of abandonment.
(iii) The location of abandonment.
(iv) A detailed listing of the damage or the missing equipment.
(v) The reporting officer’s name and title.
(vi) The location where the vehicle is being held.
(d) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(3) Within twenty-four (24) hours, excluding Saturday, Sunday, and legal holidays, after taking the vehicle into custody, the police department shall complete a release form and release the vehicle to the towing service or a used vehicle parts dealer or vehicle scrap metal processor, who shall then transmit that release form to the secretary of state and apply for a certificate of the title or a certificate of scrapping. Upon receipt of the release form and application, the secretary of state shall issue a certificate of title or a certificate of scrapping.
(4) The release form described in subsection (3) shall be furnished by the secretary of state and shall include a certification executed by the applicable police department when the abandoned scrap vehicle is released. The certification shall state that the police department has complied with all the requirements of subsection (2)(b) and (c).
(5) The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than two (2) years. The two (2) photographs taken pursuant to subsection (2)(b) shall be retained by the police department for not less the two (2) years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.
(6) The police department may have a registered abandoned scrap vehicle taken into custody, in which case the police department shall do all of the following:
(a) Determine if the vehicle has been stolen.
(b) Take two (2) photographs of the vehicle.
(c) Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:
(i) The year, make, and vehicle identification number if available.
(ii) The date of abandonment.
(iii) The location of abandonment.
(iv) A detailed listing of the damage or the missing equipment.
(v) The reporting officer’s name and title.
(vi) The location where the vehicle is being held.
(d) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(e) Within seven (7) days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first-class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i) The year, make, and vehicle identification number 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 department 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 department’s action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within twenty (20) days after the date of the notice may result in the termination of all rights of the owner and the secured party to the vehicle.
(7) The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to section 2.5e. 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 department shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(8) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(9) If the owner does not redeem the vehicle or request a hearing within twenty (20) days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(10) Not less than twenty (20) days after the disposition of the hearing described in subsection (7) or, if a hearing is not requested, not less than twenty (20) days after the date of the notice described in subsection (6)(e), the police department shall follow the procedures established in subsections (3) to (5).
(K) Section 2.5c. is hereby adopted to read as follows:
Sec. 2.5c. Removal of vehicle from private property at direction of person other than owner or police department; procedure.
(1) When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or the police department, the custodian of the vehicle immediately shall notify the police department from whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police department to enter the vehicle into the law enforcement information network.
(2) Upon receipt of the notification described in subsection (1), the police department immediately shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Enter the vehicle into the law enforcement information network.
(3) The owner of the vehicle removed as described in subsection (1) may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police department of the disposition of the vehicle.
(4) If the vehicle described in subsection (1) is not claimed by the owner within seven (7) days after the police department 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.
(L) Section 2.5d is hereby adopted to read as follows:
Sec. 2.5d. Immediate removal of certain vehicle from public property.
(1) A police department or a governmental agency designated by the police department may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:
(a) If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
(b) If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.
(c) If a vehicle is parked in a posted tow away zone.
(d) If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.
(e) If the vehicle must be seized to preserve evidence of a crime, or when there is reasonable cause to believe that the vehicle was used in the commission of a crime.
(f) If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or 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) An police department which authorizes the removal of a vehicle under subsection (1) shall do all of the following:
(a) Check to determine if the vehicle has been reported stolen.
(b) Within twenty-four (24) hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subdivision does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.
(c) If the vehicle has not been redeemed within ten (10) days after moving the vehicle, send to the registered owner and the secured party as shown by the records of the secretary of state, by first-class mail or personal service a notice that the vehicle has been removed; however, if the police department informs the owner or operator of the vehicle of the removal and the location of the vehicle within twenty-four (24) hours after the removal, and if the vehicle has not been redeemed within thirty (30) days and upon complaint from the towing service, the police department shall send the notice within thirty (30) days after the removal. The notice shall be by a form furnished by the secretary of state. The notice form shall contain the following information:
(i) The year, make, and vehicle identification number of the vehicle.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police department which had the vehicle taken into custody.
(v) The location where the vehicle is being held.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the towing and daily storage fees.
(viii) A form petition which the owner may file in person or by mail with the specified court which requests hearing on the police department’s action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within twenty (20) days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.
(3) The registered owner may contest the fact that the vehicle was properly removed or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within twenty (20) days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to section 2.5e. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount equal to the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly removed, the police department 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 twenty (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 twenty (20) days after the disposition of the hearing described in subsection (3), or if a hearing is not requested, not less than twenty (20) days after the date of the notice described in subsection (2)(c), the police department shall offer the vehicle for sale at a public sale unless the vehicle is redeemed. The public sale shall be held pursuant to section 2.5f.
(7) If the ownership of a 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 department may sell the vehicle at public sale pursuant to section 2.5f not less than thirty (30) days after public notice of the sale has been published.
(M) Section 2.5e. is hereby adopted to read as follows:
Sec. 2.5e. Hearings; findings.
(1) Upon receipt of a petition prescribed in sections 2.5a, 2.5b, 2.5c or 2.5d, signed by the owner of the vehicle which has been taken into custody, the court shall do both of the following:
(a) Schedule a hearing within thirty (30) days for the purpose of determining whether the police department acted properly.
(b) Notify the owner and the police department of the time and place of the hearing.
(2) At the hearing specified in subsection (1) the police department shall have the burden of showing by a preponderance of the evidence that it has complied with the requirements of this act in processing the abandoned vehicle or vehicle removed pursuant to section 2.5d.
(3) After the hearing the court shall make a decision which shall include one or more of the following:
(a) A finding that the police department complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under section 2.5d, and an order providing a period of twenty (20) days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within twenty (20) days, the police department shall dispose of the vehicle pursuant to section 2.5b or 2.5f.
(b) A finding that the police department did not comply with the procedures established for the processing of an abandoned vehicle or a vehicle removed pursuant to section 2.5d. After making such a finding, the court shall issue an order directing that the vehicle immediately be released to the owner, and that the police department is responsible for the accrued towing and storage charges.
(c) A finding that the towing and daily storage fees were reasonable.
(d) A finding that the towing and daily storage fees were unreasonable and issue an order directing an appropriate reduction.
(N) Section 2.5f is hereby adopted to read as follows:
Sec. 2.5f. Public sale for abandoned vehicles.
(1) A public sale for a vehicle which has been deemed abandoned under section 2.5a or 2.5c or removed under section 2.5d shall be conducted in the following manner:
(a) It shall be under the control of the police department or agent of the police department.
(b) It shall be open to the public and consist of open auction bidding or bidding by sealed bids. If sealed bids are received, the person submitting the bid shall receive a receipt for the bid from the police department or agent of the police department.
(c) Except as provided by sections 2.5a(9) and 2.5d(7), it shall be held not less than five (5) days after public notice of the sale has been published.
(d) The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was abandoned. The public notice shall give a description of the vehicle for sale 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 department.
(c) To the secured party, if any, in the amount of the debt outstanding on the vehicle.
(d) Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police department represents.
(3) If there are no bidders on the vehicle, the police department may do one 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 department or the unit of government the police department represents, by doing the following:
(i) Paying the towing and storage charges.
(ii) Applying for title to the vehicle.
(iii) Hold another public sale pursuant to subsection (1).
(4) A person who acquires ownership of a vehicle under subsection (1) or (3), which vehicle has been designated as a distressed vehicle, shall make application for a salvage certificate of title within fifteen (15) days after obtaining the vehicle.
(5) Upon disposition of the vehicle, the police department shall cancel the entry into the law enforcement information network.
(O) Section 3.2a. shall be amended to read as follows:
Sec. 3.2a. Failure to stop upon police signal; violation as misdemeanor; penalty.
(1) If a driver of a motor vehicle is given a visual or audible signal by hand, voice, emergency light, or siren by a police officer who is acting in the lawful performance of his or her duty and who is directing the driver to bring his or her motor vehicle to a stop and the driver wilfully fails to obey such direction by increasing his or her speed, extinguishing his or her lights, or otherwise attempting to flee or elude the officer, shall be guilty of a misdemeanor. The officer who gives the signal shall be in uniform. A police vehicle that is driven at night shall be adequately identified as an official police vehicle.
(2) Any person convicted under this section shall be punishable by imprisonment for not more than one year, or a fine not to exceed one thousand dollars ($1,000.00), or both.
(P) Section 4.21. shall be amended to read as follows:
Sec. 4.21. Bicycle paths; vehicles prohibited; violation of a misdemeanor.
(1) A person shall not operate a vehicle on or across a bicycle path, except to enter or leave adjacent property.
(2) A person shall not park a vehicle on a bicycle path.
(3) A person who violates this section is guilty of a misdemeanor.
(Q) Section 5.4. shall be amended to read as follows:
Sec. 5.4. Involvement in accident resulting in injury, stopping, misdemeanor.
(1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon either public or private property, when the property is open to travel by the public, resulting in injury to a person shall immediately stop his vehicle at the scene of the accident and shall remain there until the requirements of section 5.4a of this code are fulfilled.
(2) A person who violates this section is guilty of a misdemeanor.
(R) Section 5.15. shall be amended to read as follows:
Sec. 5.15. Persons under the influence of intoxicating liquor or controlled substance; operating motor vehicles; punishments; prior convictions; payments of costs; plea bargains; special verdicts.
(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city if either of the following applies:
(a) The person is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(b) The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this city by a person who is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance 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 this city when, due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, the person’s ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person who is less than twenty-one (21) years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city 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 one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine.
(b) Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(5) A person who operates a vehicle in violation of subsection (1), (3), or (4), while another person who is less than sixteen (16) years of age is occupying the vehicle is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days or a fine of not more than five hundred dollars ($500.00) or both. The judgment of sentence may impose the sanction permitted under section 5.15n of this ordinance. If the violation occurs within seven (7) years of a prior conviction or within ten (10) years of two (2) or more prior convictions, the court shall, unless the vehicle is ordered forfeited under section 11, order vehicle immobilization under section 5.62b of this ordinance in the judgment of sentence. This section does not prohibit a person from being charged with, convicted of, or punished for a violation of subsection (1), (3), or (4), that is committed by the person while violating this subsection. However, points shall not be assessed under section 320a for both a violation of subsection (1), (3), or (4), and a violation of this subsection for conduct arising our of the same transaction.
(6) If a person is convicted of violating subsection (1), all of the following apply;
(a) Except as otherwise provided in subdivisions (b), the person is guilty of a misdemeanor punishable by one (1) or more of the following:
(i) Community service for not more than forty-five (45) days.
(ii) Imprisonment for not more than ninety-three (93) days.
(iii) A fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).
(b) If the violation occurs within seven (7) years of a prior conviction, the person shall be sentenced to pay a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and one (1) or more of the following:
(i) Imprisonment for not less than five (5) days or more than ninety-three (93) days. Not less than forty-eight (48) hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(ii) Community service for not less than thirty (30) days or more than ninety (90) days.
(c) A term of imprisonment imposed under subdivision (b)(ii) shall not be suspended.
(d) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 5.62b of this ordinance. In the judgment of sentence under subdivision (b), the court shall, unless the vehicle is ordered forfeited under section 11, order vehicle immobilization as provided in section 13 5.62b of this ordinance.
(e) In the judgment of sentence under subdivision (b), the court may impose the sanction permitted under section 5.15n of this ordinance.
(7) A person who is convicted of violating subsection (2) is guilty of a crime a follows:
(a) A misdemeanor punishable by imprisonment for not more than ninety-three (93) days or a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($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 (b), the person is guilty of a misdemeanor punishable by one (1) or more of the following:
(i) Community service for not more than forty-five (45) days.
(ii) Imprisonment for not more than ninety-three (93) days.
(iii) A fine of not more than three hundred dollars ($300.00).
(b) If the violation occurs within seven (7) years of one (1) prior conviction, the person shall be sentenced to pay a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and one (1) or more of the following:
(i) Imprisonment for not less than five (5) days or more than ninety-three (93) days. Not less than forty-eight (48) hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(ii) Community service for not less than thirty (30) days or more than ninety (90) days.
(c) A term of imprisonment imposed under subdivision (b), shall not be suspended.
(d) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 5.62b of this ordinance. In the judgment of sentence under subdivision (b) the court shall, unless the vehicle is ordered forfeited under section 5.15n of this ordinance, order vehicle immobilization as provided in section 5.62b.
(e) In the judgment of sentence under subdivision (b) the court may impose the sanction permitted under section 5.15n of this ordinance.
(9) If a person is convicted of violating subsection (4), all of the following apply:
(a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:
(i) Community service for not more than forty-five (45) days.
(ii) A fine of not more than two hundred fifty dollars ($250.00).
(b) If the violation occurs within seven (7) years of one (1) or more prior convictions, the person may be sentenced to one (1) or more of the following:
(i) Community service for not more than sixty (60) days.
(ii) A fine of not more than five hundred dollars ($500.00).
(iii) Imprisonment for not more than ninety-three (93) days.
(10) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 776.22, and costs under the cost recovery ordinance of the city.
(11) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or city for the cost of supervision incurred by the state or 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 ordinance or sanction under section 5.15n of this ordinance or section 5.62b of this ordinance based upon the defendant having one (1) 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 (5), or section 5.15m of this ordinance, the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (4) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney’s motion. A prior conviction shall be established at sentencing by one (1) or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant’s driving record.
(c) An admission by the defendant.
(14) Except as otherwise provided in subsection (16), 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 this ordinance, 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.
(15) Except as otherwise provided in subsection (16), 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 this ordinance, the court shall require the jury to return a special verdict in the form of 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.
(16) A special verdict described in subsection (14) and (15) 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 violation.
(17) If a jury or court finds under subsection (14), (15) or (16) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an intoxicating liquor, the court shall do both of the following:
(a) Report the finding to the secretary of state.
(b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under section 5.15n or section 5.62b of this ordinance.
(18) Except as otherwise provided by law, a record described in subsection (17)(b) is a public record and the department of state police shall retain the information contained on that record for not less than seven (7) years.
(19) In a prosecution for a violation of subsection (4), the defendant bears the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(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 MCL 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 one (1) violation or attempted violation of MCL 257.625(6), a local ordinance substantially corresponding to subsection (6), or a law of another state substantially corresponding to subsection (6) may be used as a prior conviction.
(22) If two (2) or more convictions described in subsection (20) are convictions for violations arising out of the same transaction, only one (1) conviction shall be used to determine whether the person has a prior conviction.
(S) Section 5.15a. shall be amended as follows
Sec. 5.15a. Driving under influence of intoxicating liquor or controlled substance; warrantless arrests; preliminary chemical breath analysis, administration; evidence, presumptions.
(1) 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 the person was, at the time of an accident in this city, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section (1) of this ordinance.
(b) The person is found in the driver’s seat of a vehicle parked or stopped on a highway or street within this city if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of section 5.15 of this ordinance.
(2) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city and that the person by the consumption of intoxicating liquor may have affected his or her ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the city 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 twenty-one (21) years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city while the person had any bodily alcohol content as that term is defined in section 5.15(4) of this ordinance may require the person to submit to a preliminary chemical breath analysis. The following provisions apply with respect to a preliminary chemical breath analysis administered under this subsection:
(a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(b) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in section 5.15c of this ordinance or in an administrative hearing for one (1) or more of the following purposes:
(i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(ii) As evidence of the defendant’s breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant’s breath alcohol content was higher at the time of the charged offense than when a chemical test was administered under subsection (6).
(iii) As evidence of the defendant’s breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant’s breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under subsection (6).
(c) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of sections (4), (5), (6), and (7) of this ordinance 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.
(3) 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 section 319d. A peace officer shall order out-of-service as required under section 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 use of other competent evidence by the peace officer to determine whether to order a person out-of-service under section 319d.
(4) 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 that ninety-three (93) days or a fine of not more than one hundred dollars ($100.00), or both, and will result in the issuance of a 24-hour out-of-service order.
(5) 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 ninety-three (93) days or a fine of not more than one hundred dollars ($100.00), or both.
(6) The following provisions apply with respect to chemical tests and analysis of a person’s blood, urine, or breath, other than preliminary chemical breath analysis:
(a) The amount of alcohol or presence of a controlled substance or both in a driver’s blood 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) of this ordinance shall be advised of all of the following:
(i) If he or she takes a chemical test of his or her blood, urine, or breath administered at the request of a peace officer, he or she has the right to demand that a person of his or her own choosing administer one (1) of the chemical tests.
(ii) The results of the test are admissible in a judicial proceeding as provided under this ordinance and will be considered with other admissible evidence in determining the defendant’s innocence or guilt.
(iii) He or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.
(iv) 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 a court order.
(v) Refusing a peace officer’s request to take a test described in subparagraph (i) will 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 six (6) points to his or her driver record.
(c) A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under section 16215 of the public health code, 1978 PA 368, MCL 333.16215, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer’s request to determine the amount of alcohol or presence of a controlled substance or both in the person’s blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this ordinance 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) of this ordinance. A person who takes a chemical test administered at a peace officer’s request as provided in this section shall be given a reasonable opportunity to have a person of his or her own choosing administer one (1) of the chemical tests described in this subsection within a reasonable time after his or her detention. The test results are admissible and shall be considered with other admissible evidence in determining the defendant’s innocence or guilt. If the person charged is administered a chemical test by a person of his or her choosing, the person charged is 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 medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or both in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not 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 to determine the amount of alcohol or the presence of a controlled substance, or both, in the decedent’s blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to the department of state police.
(g) The department of state police shall promulgate uniform rules in compliance with the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis may be used for a chemical test described in this subsection if approved under rules promulgated by the department of state police.
(7) The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon the question of whether a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether the person had an alcohol content of 0.10 grams or more per one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine, or if the person is less than twenty-one (21) years of age, whether the person had any bodily alcohol content within his or her body. As used in this section, “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 one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (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.
(8) If a chemical test described in subsection (6) is administered, the test results shall be made available to the person charged or the person’s attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two (2) days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.
(9) Except in a prosecution relating solely to a violation of section (1)(b) or 5.15(4) of this ordinance the amount of alcohol in the driver’s blood, breath, or urine at the time alleged as shown by the chemical analysis of the person’s blood, breath, or urine gives rise to the following presumptions:
(a) If there were at the time 0.07 grams or less of alcohol per one hundred (100) milliliters of the defendant’s blood, per two hundred ten (210) liters of the defendant’s breath, or per sixty-seven (67) milliliters of the defendant’s urine, it is presumed that the defendant’s ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor.
(b) If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per one hundred (100) milliliters of the defendant’s blood, per two hundred ten (210) liters of the defendant’s breath, or per sixty-seven (67) milliliters of the defendant’s urine, it is presumed that the defendant’s ability to operate a vehicle was impaired within the provisions of section 5.15(3) of this ordinance due to the consumption of intoxicating liquor.
(c) If there were at the time 0.10 grams or more of alcohol per one hundred (100) milliliters of the defendant’s blood, per two hundred ten (210) liters of the breath, or per sixty-seven (67) milliliters of the defendant’s urine, it is presumed that the defendant was under the influence of intoxicating liquor.
(10) A person’s refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in section 5.15c(1) of this ordinance only to show that a test was offered to the defendant, but not as evidence in determining the defendant’s innocence or guilt. The jury shall be instructed accordingly.
(T) Section 5.15b. shall be amended as follows:
Sec. 5.15b. Misdemeanor violations, arraignment; pretrial conference; time limits, exceptions; adjudication, dismissal; sentencing, screening and assessment.
(1) A person arrested for a misdemeanor violation of section 5.15(1), (3), or (4) or section 5.15m of this ordinance shall be arraigned on the citation, complaint, or warrant not more than fourteen (14) days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than fourteen (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. The time limit does not apply to a violation joined with a felony charge.
(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 5.15m. The pretrial conference shall be held not more than thirty-five (35) days after the person’s arrest for the violation or, if an arrest warrant is served, whichever is later. If the court has only one (1) judge who sits in more than one (1) location in that district, the pretrial conference shall be held not more than forty-two (42) days after the person’s arrest for the violation or, if an arrest warrant is issued or reissued, not more than forty-two (42) days after the date 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 the applicable time limit. The 35- and 42-day time limits do not apply to a violation joined with a felony charge. 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 (1) adjournment shall be granted to a party, and the length of an adjournment shall not exceed fourteen (14) days.
(3) 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, the court shall finally adjudicate, by a plea of guilty or nolo contendere, entry of a verdict, or other final disposition, a case in which the defendant is charged with a misdemeanor violation of section 5.15(1), (3), (4) or section 5.15m of this ordinance within seventy-seven (77) days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more that seventy-seven (77) days after the date 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. The 77-day time limit does not apply to a violation joined with a felony charge.
(4) Before accepting a plea of guilty or nolo contendere under section 5.15(1), (2), (3), or (4) of this ordinance 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 my be imposed will be based upon the master driving record maintained by the secretary of state under section 204a.
(5) Before imposing sentence for a violation of section 5.15(1), (3), (4), of this ordinance, the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. Except as otherwise provided in this subsection, the court may order the person to participate in and successfully complete one (1) or more appropriate rehabilitative programs as part of the sentence. If the person has one (1) or more prior convictions, the court shall order the person to participate in and successfully complete one (1) or more appropriate rehabilitative programs as part of the sentence. The person shall pay for the costs of the screening, assessment, and rehabilitative services.
(6) If the judgment and sentence are appealed to circuit court, the court may ex parte order the secretary of state to stay the suspension, revocation, or restricted license issued by the secretary of state pending the outcome of the appeal.
(U) Section 5.15c. shall be amended to read as follows:
Sec.5.15c. Consent to chemical tests; exceptions; administration of tests.
(1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this city is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine or the amount of alcohol in his or her breath in all of the following circumstances:
(a) If the person is arrested for a violation of section 5.15(1), (3), (4), (5) of this ordinance or section 5.15a(5) of this ordinance or section 5.15m of this ordinance.
(b) If the person is arrested for felonious driving, negligent homicide, manslaughter, or murder resulting from the operation of a motor vehicle, and the peace officer had reasonable grounds to believe the person was operating the vehicle while impaired by or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance, or while having an alcohol content of 0.10 grams or more per one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine, or if the person is less that twenty-one (21) years of age while having any bodily alcohol content. As used in this subdivision, “any bodily alcohol content” means either of the following:
(i) An alcohol content of not less than 0.02 grams or more than 0.07 grams per one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine.
(ii) Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as part of a generally recognized religious service or ceremony.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in section 5.15a(6) of this ordinance.
(V) Section 5.15d. shall be amended to read as follows:
Sec. 5.15d. Refusal to submit to chemical tests; report.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 5.15a(6) of this ordinance, 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) of this ordinance 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.
(W) Section 5.15e. shall be amended to read as follows:
Sec. 5.15e. Refusal to submit to chemical tests; written notice by officer, form; request for hearing.
(1) If a person refuses to submit to a chemical test pursuant to section 5.15d of this ordinance, the peace officer shall immediately notify the person in writing that within fourteen (14) days of the date of the notice the person may request a hearing as provided in section 5.15f of this ordinance. 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 fourteen (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.
(X) Section 5.15f. shall be amended to read as follows:
Sec. 5.15f. Refusal to submit to chemical tests; sanctions when hearing not requested; hearing; record; review.
(1) If a person who refuses to submit to a chemical test pursuant to section 5.15d of this ordinance does not request a hearing within fourteen (14) days after the date of notice pursuant to section 5.15e of this ordinance the secretary of state shall impose the following license sanctions:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person’s operator’s or chauffeur’s license or permit to drive, or nonresident operating privilege, for 5.15e months or, for a second or subsequent refusal within seven (7) years, for one (1) year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six (6) months or for a second or subsequent refusal within seven (7) years, for one (1) year.
(b) If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person’s operator’s or chauffeur’s license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator’s or chauffeur’s license with vehicle group designations, for one (1) year.
(c) If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from and within ten (10) years of a prior refusal, revoke all vehicle group designations on the person’s operator’s or chauffeur’s license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator’s or chauffeur’s license with vehicle group designations, for not less than ten (10) years and until the person is approved for the issuance of a vehicle group designation.
(d) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c(1) of this ordinance other than a violation of section 5.15a(5) or section 5.15m of this ordinance, impose the license sanction described in subdivision (a) and the license sanction described in subdivision (b) or (c), as applicable.
(2) If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in section 322. Not less than five (5) days’ notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under section 5.15d of this ordinance, and if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the city where the arrest was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable request for an adjournment. Not more than one (1) adjournment shall be granted to a party and the length of an adjournment shall not exceed fourteen (14) days. A hearing under this subsection shall be scheduled to be held within forty-five (45) days after the date of arrest for the violation. The hearing officer shall not impose any sanction for a failure to comply with these time limits.
(3) 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, a hearing shall be finally adjudicated within seventy-seven (77) days after the date of arrest. The hearing officer shall not impose any sanction for a failure to comply with this time limit.
(4) The hearing shall cover only the following issues:
(a) Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in section 5.15c(1) of this ordinance or section 625c(1).
(b) Whether the person was placed under arrest for a crime described in section 5.15c(1) of this ordinance or section 625c(1).
(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of the rights under section 5.15a(6) of this ordinance.
(5) A person shall not order a hearing officer to make a particular finding on any issue enumerated in subsection (4)(a) to (d).
(6) The hearing officer shall make a record of a hearing held pursuant to this section. The record shall be prepared and transcribed in accordance with section 86 of the administrative procedures act of 1969. Act No. 306 of the Public Acts of 1969, being MCL 24.286. Upon notification of the filing of a petition for judicial review pursuant to section 323 and not less than ten (10) days before the matter is set for review, the hearing officer shall transmit to the court in which the petition was filed the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order the issuance of a restricted license. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(7) If the person who requested a hearing does not prevail, the secretary of state shall impose the following license sanctions after the hearing:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or a nonresident operating privilege of the person for six (6) months or, for a second or subsequent refusal within seven (7) years, for one (1) year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six (6) months or, for a second or subsequent refusal within seven (7) years, for one (1) year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section 323.
(b) If the person was operating a commercial motor vehicle, impose the sanction prescribed under subsection (1)(b) or (1)(c), as applicable. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section 323.
(c) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c of this ordinance other than a violation of section 5.15a(5) or section 5.15m of this ordinance, impose the license sanctions described in subdivision (1)(a) and (b).
(8) If the person who requested the hearing prevails, the peace officer who filed the report under section 5.15d of this ordinance may, with the consent of the prosecuting attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer as provided in section 323.
(9) When it has been finally determined that a nonresident’s privilege to operate a vehicle in the state has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person’s residence and of each state in which he or she has a license to operate a motor vehicle.
(Y) Section 5.15g. shall be amended to read as follows:
Sec. 5.15g. Chemical tests; results; duties of peace officer; confiscation of license; temporary license.
(1) If a person refuses a chemical test offered pursuant to section 5.15a(6) of this ordinance, 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 of the ordinance 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(6) of this ordinance that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection (1)(a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately comply with subsection (1)(b). If the report does not reveal an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person’s license or permit by first-class mail to the address given at the time of arrest.
(3) A temporary license or permit issued under this section is valid for one (1) of the following time periods:
(a) If the case is not prosecuted, for ninety (90) days after issuance or until the person’s license or permit is suspended pursuant to section 5.15f of this ordinance, 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 pursuant to section 5.15f of this ordinance, 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 twenty-one (21) years of age, 0.02 grams or more of alcohol per one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine.
(b) If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (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 one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or sixty-seven (67) milliliters of urine.
(Z) Section 5.15l. shall be added to read as follows.
Sec. 5.15l. Court ordered ignition interlock devices; warning label, tampering, etc.; violations; definition.
(1) The manufacturer of an ignition interlock device shall design a warning label, and the person who had an ignition interlock device shall promptly affix that label to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor punishable as provided by law.
(2) A person who has an ignition interlock device installed and whose driving privilege is restricted shall not request or solicit any other person to blow into an ignition interlock device or to start a vehicle equipped with the device for the purpose of providing the person whose driving privilege is restricted with an operable vehicle.
(3) A person shall not blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has an interlock device installed and whose driving privilege is restricted.
(4) A person shall not tamper with or circumvent the operation of an ignition interlock device.
(5) A person who violates subsection (2), (3), or (4) is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days or a fine of not more than five hundred dollars ($500.00), or both.
(6) As used in this ordinance, “ignition interlock device” or “device” means an alcohol concentration measuring device that prevents a motor vehicle from being started at any time without first determining through a deep lung sample the operator’s breath alcohol level. The system shall be calibrated so that the motor vehicle may not be started if the breath alcohol level of the operator, as measured by the test, reaches a level of 0.025 grams per two hundred ten (210) liters of breath.
(7) The city or its officers, employees, or agents are not liable in any claim or action that may arise, directly or indirectly, out of any act or omission by a manufacturer, installer, or servicing agent of an ignition interlock device that results in damage to persons or property.
(8) A person shall not sell, lease, install, or monitor in a vehicle in this city an ignition interlock device unless the ignition interlock device manufacturer and provider carries liability insurance covering product liability, including, but not limited to, insurance to indemnify the Department of State of Michigan and any person injured as a result of a design defect or the calibration or removal of the ignition interlock device or a misrepresentation about the ignition interlock device. The insurance required by this subsection shall be in an amount of not less that one million dollars ($1,000,000.00) per incident.
(9) The provider of insurance described in this section may cancel the insurance upon thirty (30) days’ written notice to the Department of State of Michigan and is not liable for a claim arising from an event that occurs after the effective date of cancellation made in compliance with this section.
(10) An ignition interlock device shall be serviced according to manufacturer’s standards. Service shall include, but not be limited to, physical inspection of the device and vehicle for tampering, calibration of the device, and monitoring of the data contained within the device’s memory. Only authorized employees of the manufacturer or the Department of State of Michigan may observe the installation of a device. Reasonable security measures must be taken to prevent the customer from observing the installation of a device or obtaining access to installation materials.
(AA) Section 5.15m. shall be added to read as follows:
Sec. 5.15m. Commercial motor vehicle drivers; operation of a vehicle while intoxicated, blood alcohol limits; warrantless arrest; violation, penalty.
(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 grams per one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (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 this city if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of this section.
(3) Except as otherwise provided in subsections (4) and (5), a person who is convicted of a violation of this ordinance is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days or a fine of not more than three hundred dollars ($300.00), or both, together with costs of the prosecution.
(4) A person who violates this ordinance within seven (7) years of one (1) prior conviction may be sentenced to imprisonment for not more than ninety-three (93) days or a fine of not more than one thousand dollars ($1,000.00), or both.
(5) A term of imprisonment imposed under subsection (4) shall not be suspended.
(6) Subject to subsection (8), 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 (7), a violation or attempted violation of this section, section 5.15(1), (3), (4) or (5) of this ordinance, former section 625(1) or (2), or former section 625b of the motor vehicle code.
(b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(7) Only one (1) violation or attempted violation of section 5.15(4) of this ordinance, or 625(6), or a local ordinance substantially corresponding to section 625(6), or a law of another state substantially corresponding to section 625(6) may be used as a prior conviction.
(8) If two (2) or more convictions described in subsection (6) are convictions for violations arising out of the same transaction, only one (1) conviction shall be used to determine whether the person has a prior conviction.
(BB) Section 5.15n. shall be added to read as follows:
Sec. 5.15n. Violation of section 5.15 of this ordinance; penalties with regard to vehicle used in the offense; notice; forfeiture or return, seizure of vehicle; filing claim of interest; sale of seized vehicle, disposal of proceeds, priority; concealment to avoid forfeiture, violation, penalty.
(1) Except as otherwise provided in this section and in addition to any other penalty provided for in this ordinance, the judgment of sentence for a conviction for a violation of section 5.15(1)(a) or (b) of this ordinance, a violation of section 5.15(3) of this ordinance as described in section 5.15(6)(b) of this ordinance, a violation of section 5.15(3) of this ordinance described in section 5.15(8)(b) of this ordinance, or a violation of 904(4) or (5) (felony), may require one (1) of the following with regard to the vehicle used in the offense if the defendant owns the vehicle in whole or in part or leases the vehicle:
(a) Forfeiture of the vehicle if the defendant owns the vehicle in whole or in part.
(b) Return of the vehicle to the lessor if the defendant leases the vehicle.
(2) The vehicle may be seized pursuant to an order of seizure issued by the court having jurisdiction upon a showing of probable cause that the vehicle is subject to forfeiture or return to the lessor.
(3) The forfeiture of a vehicle is subject to the interest of the holder of a security interest who did not have prior knowledge of or consent to the violation.
(4) Within fourteen (14) days after the defendant’s conviction for a violation described in subsection (1), the prosecuting attorney may file a petition with the court for the forfeiture of the vehicle or to have the court order return of a leased vehicle to the lessor. The prosecuting attorney shall give notice by first-class mail or other process to the defendant and his or her attorney, to all owners of the vehicle, and to any person holding a security interest in the vehicle that the court may require forfeiture or return of the vehicle.
(5) If a vehicle is seized before disposition of the criminal proceedings, a defendant who is an owner or lessee of the vehicle may move the court having jurisdiction over the proceedings to require the seizing agency to file a lien against the vehicle and to return the vehicle to the owner or lessee pending disposition of the criminal proceedings. The court shall hear the motion within seven (7) days after the motion is filed. If the defendant establishes at the hearing that he or she holds the legal title to the vehicle or that he or she has a leasehold interest and that it is necessary for him or her or a member of his or her family to use the vehicle pending the outcome of the forfeiture action, the court may order the seizing agency to return the vehicle to the owner of lessee. If the court orders the return of the vehicle to the owner or lessee, the court shall order the defendant to post a bond in an amount equal to the retail value of the vehicle, and shall also order the seizing agency to file a lien against the vehicle.
(6) Within fourteen (14) days after notice by the prosecuting attorney is given under subsection (4), the defendant, an owner, lessee, or holder of a security interest may file a claim of interest in the vehicle with the court. Within twenty-one (21) days after the expiration of the period for filing claims, but before or at sentencing, the court shall hold a hearing to determine the legitimacy of any claim, the extent of any co-owner’s equity interest, the liability of the defendant to any co-lessee, and whether to order the vehicle forfeited or returned to the lessor. In considering whether to order forfeiture, the court shall review the defendant’s driving record to determine whether the defendant has multiple convictions under section 625 or a local ordinance substantially corresponding to section 625, or this ordinance, or multiple suspensions, restrictions, or denials under section 904, or both, or section 5.62a of this ordinance. If the defendant has multiple convictions under section 625 or this ordinance or multiple suspensions, restrictions, or denials under section 904, or section 5.62a of this ordinance, or both, that factor shall weigh heavily in favor of forfeiture.
(7) If a vehicle is forfeited under this section, the unit of government that seized the vehicle shall sell the vehicle and dispose of the proceeds in the following order of priority:
(a) Pay any outstanding security interest of a secured party who did not have prior knowledge of or consent to the commission of the violation.
(b) Pay the equity interest of a co-owner who did not have prior knowledge of or consent to the commission of the violation.
(c) Satisfy any order of restitution entered in the prosecution for the violation.
(d) Pay the claim of each person who shows that he or she is a victim of the violation to the extent that the claim is not covered by an order of restitution.
(e) Pay any outstanding lien against the property that has been imposed by a governmental unit and any cost recovery owing to the city under the city ordinance.
(f) Pay the proper expenses of the proceedings for forfeiture and sale, and storage, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising, and court costs.
(g) The balance remaining after the payment of items (a) through (f) shall be distributed by the court having jurisdiction over the forfeiture proceedings to the unit or units of government substantially involved in effecting the forfeiture. Seventy-five (75) percent of the money received by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws and twenty-five (25) percent of the money shall be used to implement the Crime Victim’s Rights Act. 1985 PA 87, MCL 780.751 to 780.834. A unit of government receiving money under this subdivision shall report annually to the department of management and budget the amount of money received under this subdivision that was used to enhance enforcement of the criminal laws and the amount that was used to implement the Crime Victim’s Rights Act. 1985 PA 87, MCL 780.751 to 780.834.
(8) The court may order the defendant to pay to a co-lessee any liability determined under subsection (6). The order may be enforced in the same manner as a civil judgment.
(9) The return of a vehicle to the lessor under this section does not affect or impair the lessor’s rights or the defendant’s obligations under the lease.
(10) A person who knowingly conceals, sells, gives away, or otherwise transfers or disposes of a vehicle with the intent to avoid forfeiture or return of the vehicle to the lessor under this section is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days or a fine of not more than one thousand dollars ($1,000.00), or both.
(11) The failure of the court or prosecutor to comply with any time limit specified in this section does not preclude the court from ordering forfeiture of a vehicle or its return to a lessor, unless the court finds that the owner or claimant suffered substantial prejudice as a result of that failure.
(12) The forfeiture provisions of this section do not preclude the prosecuting attorney from pursuing a forfeiture proceeding under any other law of this state or a local ordinance substantially corresponding to this section.
Definitions
(1) Reference to section numbers in this ordinance (other than those referring to sections of this ordinance) refer to the corresponding section number found in the State of Michigan Motor Vehicle Code being MCL 257.1 et seq. unless otherwise indicated.
(2) City means the City of Wyandotte.
(3) State or this state means the State of Michigan.
(CC) Section 5.62a. shall be amended to read as follows:
Sec. 5.62a. Operator’s or chauffeur’s license or registration, suspension, revocation or denial; penalty for operation of vehicle; subsequent offenses.
(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 MCL 257.212 of that suspension or revocation, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within the City of Wyandotte.
(2) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the City of Wyandotte by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under the laws of the State of Michigan.
(3) A person who violates subsection (1) or (2) is guilty of a misdemeanor punishable for a first violation, by imprisonment for not more than ninety-three (93) days or a fine of not more than five hundred dollars ($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 canceled by the secretary of state upon notification by a peace officer.
(4) 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 Wyandotte, by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never been licensed except as permitted by the laws of the State of Michigan.
(5) Before a person is arraigned before a district court magistrate or judge on a charge of violating this ordinance, the arresting officer shall obtain the person’s driving record from the secretary of state and shall furnish the record to the court. The driving record of the person may be obtained from the secretary of state’s computer information network.
(6) This section does 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 summoning prompt aid is essential.
(7) A person whose vehicle group designation is suspended or revoked and who has been notified as provided by MCL 257.212 of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided by state law, or who has never applied for a vehicle group designation and who operates a commercial motor vehicle within the City of Wyandotte, except as permitted under state law, while any of those conditions exist is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not less than three (3) days or more than ninety-three (93) days or a fine of not more than one hundred dollars ($100.00), or both.
(8) If a person has a second or subsequent suspension or revocation under this ordinance within seven (7) years as indicated on the person’s Michigan driving record, the court shall proceed as provided in section 5.62b of this ordinance.
(9) For purposes of this ordinance, a person who never applied for a license includes a person who applied for a license, was denied, and never applied again.
(10) When a peace officer detains the driver of a motor vehicle for a violation of a law of the state of Michigan or of this ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:
(a) Immediately confiscate the vehicle’s registration plate and destroy it.
(b) Issue a temporary vehicle registration plate for the vehicle in the same form prescribed by the secretary of state for temporary registration plates issued under MCL 257.226 or 257.226b.
(c) Place the temporary vehicle registration plate on the vehicle in the manner required by the secretary of state.
(d) Notify the secretary of state through the law enforcement information network in a form prescribed by the secretary of state that the registration plate was confiscated and destroyed, and a temporary plate was issued. A temporary vehicle registration plate issued under this ordinance is valid until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those charges, or the person is found guilty of or is acquitted of those charges.
(11) A court shall order a vehicle immobilized under section 13 5.62b of this ordinance by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle. If a vehicle is immobilized under this ordinance, the court may order the vehicle stored at a location and in manner considered appropriate by the court. The court may order the person convicted to pay the cost of immobilizing and storing the vehicle.
(a) A vehicle subject to immobilization under this ordinance may be sold during the period of immobilization, but shall not be sold to a person who is exempt from paying a use tax under section 3(3)(a) of the Use Tax Act, 1937 PA 94, MCL 205.93, without a court order.
(b) A defendant who is prohibited from operating a motor vehicle by vehicle immobilization shall not purchase, lease, or otherwise obtain a motor vehicle during the immobilization period.
(c) A person shall not remove, tamper with, or bypass or attempt to remove, tamper with, or bypass a device that he or she knows or has reason to know has been installed on a vehicle by court order for vehicle immobilization or operate or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized.
(d) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days or a fine of not more than one hundred dollars ($100.00), or both.
(e) To the extent that this ordinance regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the local ordinance is preempted.
(f) If a peace officer stops a vehicle that is being operated in violation of an immobilization order, the vehicle shall be impounded pending an order of a court of competent jurisdiction.
(g) The court shall require the defendant or a person who provides immobilization services to the court under this ordinance to certify that a vehicle ordered immobilized by the court is immobilized as required.
(DD) Sec. 5.62a. Detention of driver; vehicle immobilization; temporary vehicle registration plate.
(1) When a peace officer detains the driver of a motor vehicle for a violation of this ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:
(a) Immediately confiscate the vehicle’s registration plate and destroy it.
(b) Issue a temporary vehicle registration plate for the vehicle in the same form prescribed by the secretary of state for temporary registration plates issued under MCL 257.226a.
(c) Place the temporary vehicle registration plate on the vehicle in the manner required by the secretary of state.
(d) Notify the secretary of state through the law enforcement information network in a form prescribed by the secretary of state that the registration plate was confiscated and destroyed, and a temporary plate was issued.
(2) A temporary vehicle registration plate issued under this section is valid for one hundred (100) days unless extended by the court.
(EE) Section 5.62b. shall be amended to read as follows:
Sec. 5.62b. Vehicle immobilization, violations of Section 5.15(1)(a)(b) or 5.15(3), or 5.15(5), suspension, revocation, or denial of license, prior suspensions.
(1) For a violation of section 5.15(1)(a)(b) or 5.15(3), or 5.15(5) the following apply:
(a) The court may order vehicle immobilization for not less than 24 days or more than one hundred eighty (180) days.
(b) For a second violation of section 5.15(1)(a), (b) or 5.15(3) or 5.15(5) or any similar state law violation in any combination as found in MCL 257.625, arising out of separate incidents, the court shall order vehicle immobilization for not less than twenty-four (24) days or more than one hundred eighty (180) days.
(c) For a third or subsequent violation of sections 5.15(1) (a), (b), 5.15(3) or 5.15(5) or any similar state law violations in any combination as found in MCL 257.625, arising out of separate incidents, the court shall order vehicle immobilization for not less than six (6) months or more than three (3) years.
(2) For a suspension, revocation, or denial under section 5.62a of this ordinance, the following apply:
(a) For one (1) prior suspension, revocation, or denial under section 5.62a of this ordinance or similar state law violations in any combination as found in MCL 257.904, arising out of separate incidents, within the past seven (7) years, the court may order vehicle immobilization for not more than one hundred eighty (180) days.
(b) For any combination of two (2) or three (3) prior suspensions, revocations, or denials under section 5.62a of this ordinance or similar state law as found in MCL 257.904 in any combination within the past seven (7) years, the court shall order vehicle immobilization for not less than ninety (90) days or more than one hundred eighty (180) days.
(c) For any combination of four (4) or more prior suspensions, revocations or denials under section 5.62a of this ordinance or similar state law as found in MCL 257.904 in any combination within the past seven (7) years, the court shall order vehicle immobilization for not less than one (1) year or more than three (3) years.
(3) The defendant shall provide to the court the vehicle identification number and registration plate number of the vehicle involved in the violation.
(4) The court shall not order vehicle immobilization under this ordinance if the defendant is not the owner or lessee of the vehicle operated during the violation unless the owner or lessee knowingly permitted the vehicle to be operated in violation of section 5.15(2) of this ordinance or section 5.62a(2) of this ordinance regardless of whether a conviction resulted.
(5) An order required to be issued under this section shall not be suspended.
(6) If a defendant is ordered imprisoned for the violation for which immobilization is ordered, the period of immobilization shall begin at the end of the period of imprisonment.
(7) This section does not apply to any of the following:
(a) A suspension, revocation, or denial based on a violation of the Support and Parenting Time Enforcement Act, 1982 PA 295, MCL 552.601 to 552.650.
(b) For a suspension, revocation, or denial under section 14 5.62a of this ordinance, an individual who has no currently effective suspension or denial under section 321a or who has one (1) currently effective suspension or denial under section 321a but has never violated a condition of that suspension or denial, and who has no other suspensions or revocations or denials under this ordinance or under state law.
(c) A vehicle that is registered in another state or that is a rental vehicle.
(d) Any of the following:
(i) A violation of chapter II of the Motor Vehicle Code.
(ii) A violation of chapter V of the Motor Vehicle Code.
(iii) A violation for failure to change address.
(iv) A parking violation.
(v) A bad check violation.
(vi) An equipment violation.
(vii) A pedestrian, passenger, or bicycle violation, other than a violation of section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance substantially corresponding to section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA MCL 436.1703, or section 624a or 624b or a local ordinance substantially corresponding to section 624a or 624b.
(viii) A violation of a local ordinance substantially corresponding to a violation described in subparagraphs (i) to (vii).
(8) As used in this section, “vehicle immobilization” means requiring the motor vehicle involved in the violation immobilized in a manner provided in section 5.62a(11) of this ordinance.
(FF) Sec. 5.62b. Impounding of motor vehicle; time; impoundment order, execution, content; expenses, removal, storage; disposal upon abandonment.
(1) When a person is convicted of an offense under section 5.62a(1) or (2) or for operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the court shall order the motor vehicle, if it is owned in whole or in part or leased by that person, impounded for not less than a period the court orders but not more than one hundred twenty (120) days from the date of judgment.
(2) When a person is convicted of an offense punishable under section 5.62a(1) or (2) for operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the court may order the motor vehicle, if it is owned in whole or in part or leased by that person, impounded for not more than one hundred twenty (120) days from the date of judgment.
(3) An order for the impounding of a motor vehicle issued pursuant to this section is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vehicle to the storage for insurance coverage purposes.
(4) 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 thirty (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 MCL 257.252a or the city’s local ordinance substantially corresponding to that section.
(5) This section does not affect 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 ordinance.
(GG) Section 5.69. shall be amended to read as follows:
Sec. 5.69. License plates required.
A person shall not operate or park on the streets of this governmental unit any vehicle which is required to be registered pursuant to the Act, unless the vehicle bears valid registration plates issued for it. A person who violates this section is responsible for a civil infraction. The plates shall be attached and displayed in the following manner:
(a) Registration plates issued for a motor vehicle shall be attached to the motor vehicle, one in the front and one in the rear. If one plate is issued for a motor vehicle, the plate shall be attached to the rear of the vehicle. The registration plate issued for a trailer, trailer-coach, motorcycle, or moped shall be attached to the rear of the trailer, trailer-coach, motorcycle or moped. If an adhesive tab is issued for a motor vehicle, other than a truck tractor, the tab shall be affixed to the rear registration plate of the motor vehicle. An adhesive tab issued for a truck tractor shall be affixed to the front registration plate.
(b) Each registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which the plate is issued so as to prevent the plate from swinging. The plate shall be attached at a height of not less than twelve (12) inches from the ground, measured from the bottom of the plate, in a place and position which is clearly visible. The plate shall be maintained free from foreign materials and in a clearly legible condition.
(c) Registration plates or the expiration date on the registration plates shall be of a different color designated by the secretary of state with a marked contrast between the color of the registration plates and the numerals or letters on the plates. The secretary of state may provide distinctive registration plates for vehicles.
(d) A person shall not attach a name plate, insignia, or advertising device to a motor vehicle registration plate.
(HH) Section 5.70. shall be amended to read as follows:
Sec. 5.70. Registration certificate.
The certificate of registration shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving or in control of such vehicle who shall display the same upon demand of a police officer. A person who violates this section is responsible for a civil infraction.
(II) Section 6.12. shall be amended to read as follows:
Sec. 6.12. Use of bicycle paths when provided.
(1) Where a usable and designated bicycle path is provided adjacent to a street, highway, or roadway, a bicycle rider shall use that path and shall not use the street, highway or roadway.
(2) The City Engineer’s office shall designate bicycle paths established by the placement of appropriate signs.
(3) A bicycle for purposes of this section only is defined as every device propelled by human power upon which a person may ride and shall include unicycles and tricycles.
(4) The parent of a child or the guardian of a ward shall not authorize or knowingly permit the child or ward to violate the provisions of this section.
(5) When a sidewalk is also designated as a bicycle path, the pedestrian shall have the right-of-way.
(6) Any person violating the provisions of this section is responsible for a civil infraction.
(JJ) Section 8.10, Stopping, Standing and Parking, shall be amended to add subsection (u) as follows:
(u) Within seven (7) feet of the center line of a public or private driveway approach when said driveway approach is fourteen (14) feet or less in width.
(Prior Code, § 35-24) (Ord. 647, passed 1-14-1980; Ord. 669, passed 10-20-1980; Ord. 676, passed 12-15-1980; Ord. 677, passed 1-12-1981; Ord. 687, passed 3-9-1981; Ord. 716, passed 10-5-1981; Ord. 736, passed 7-26-1982; Ord. 744, passed 3-14-1983; Ord. 747, passed 4-19-1983; Ord. 751, passed 8-29-1983; Ord. 1080, passed 9-27-1999)