TRAFFIC AND VEHICLES*
‑‑‑‑‑‑‑‑‑‑
*Cross reference(s)‑‑Offenses, ch. 54; parks and recreation, ch. 58; planning, ch. 62; streets, sidewalks and other public places, ch. 74; vehicles for hire, ch. 90.
State law reference(s)‑‑Michigan Vehicle Code, MCL 257.1 et seq., MSA 9.1801 et seq.; regulation by local authorities, MCL 257.605, 257.606, 257.610, MSA 9.2305, 9.2306, 9.2310.
‑‑‑‑‑‑‑‑‑‑
Article I. In General
Sec. 82-1. Findings of fact.
Sec. 82-2. Emergency responses.
Sec. 82-3. Authorized truck routes.
Sec. 82-4. Vehicle insurance.
Sec. 82-5. Disposition of wrecked or discarded vehicles.
Secs. 82-6‑‑82-25. Reserved.
Article II. Uniform Traffic Code
Sec. 82-26. Adoption.
Secs. 82-27—82-28. Reserved.
Sec. 82-29. Metered parking.
Secs. 82-30‑‑82-50. Reserved.
Article III. Parking, Stopping and Standing
Division 1. Generally
Sec. 82-51. Parking enforcement officer.
Sec. 82-52. Special no parking zones.
Sec. 82-53. Parking permitted with restrictions.
Sec. 82-54. Parking limit in city parking lots.
Secs. 82-55‑‑82-65. Reserved.
Division 2. Seasonal Parking
Sec. 82-66. Parking fee.
Sec. 82-67. Fee system.
Secs. 82-68‑‑82-80. Reserved.
Division 3. Parking Violations Bureau
Sec. 82-81. Established.
Sec. 82-82. Parking citation.
Sec. 82-83. Procedure.
Sec. 82-84. Failure to respond to citation.
Sec. 82-85. Evidence of liability.
Sec. 82-86. Schedule of penalties.
Sec. 82-87. Payment after final notice.
Sec. 82-88. Judicial disposition.
Sec. 82-1. Findings of fact.
The city finds that a significant number of traffic arrests and traffic accidents in the city involve drivers who were operating a motor vehicle while under the influence of alcohol and/or controlled substances. In addition, the city finds that in traffic accidents involving drivers who were operating a motor vehicle while under the influence of alcohol and/or controlled substances there is a greater likelihood of personal injury and property damage. As a result of these determinations, a greater operational and financial burden is placed upon the city’s police, firefighting and rescue services by persons who are operating a motor vehicle while under the influence of alcohol and/or controlled substances.
(Ord. No. 771, Sec. 1,
Sec. 82-2. Emergency responses.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Emergency response means the dispatching of police personnel and equipment, firefighters and equipment or emergency medical personnel and equipment or any combination thereof to the scene of an incident.
Expense of an emergency response means the actual and reasonable costs incurred by the city in making an appropriate emergency response to the incident, including the costs of providing police, firefighting, rescue and emergency medical services at the scene of the incident, but shall include only those costs directly arising because of the response to the particular incident.
Incident means an occurrence, accident or situation caused by the negligent operation of a motor vehicle while the driver was under the influence of alcohol and/or drugs which results in injury to a person, including the driver, or property.
Wrongful conduct means conduct causing injury to any person or property or conduct in violation of local ordinance or state statute.
(b) Negligent operation of motor vehicle; influence of alcohol and/or drugs; wrongful conduct; liability. Any person who is under the influence of alcohol or any drug, or the combination of alcohol and drugs, whose negligent operation of a motor vehicle while under that influence proximately causes any incident requiring and resulting in an emergency response, and any person whose wrongful conduct proximately causes any incident requiring and resulting in an emergency response shall be liable for the expenses of an emergency response by the city to the incident.
(c) Influence of alcohol or drug; inability to operate motor vehicle; presumptions. For purposes of this section, a person is under the influence of alcohol or any drug, or the combined influence of alcohol and drugs, when his physical and/or mental abilities are impaired to a degree that he no longer has the ability to operate a motor vehicle with the caution and care characteristic of a sober person of ordinary prudence. For purposes of this chapter, the presumptions contained in MCL 257.625 et seq., MSA 9.2325, shall apply.
(d) Charge against person liable; collection of debt. The expenses of an emergency response shall be charged against the person violating subsection (b) of this section. The charge constitutes a debt of that person to the city and is collectable by the city in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this section shall not be insurable, and no insurance policy shall provide or pay for the expenses.
(e) Billing. The chief of police, or his designee, may within ten days of receiving itemized costs, or any part thereof, incurred for an emergency response, submit a bill for these costs by first class mail or personal service to the person liable for the expenses, as enumerated under this chapter. The bills shall require full payment in 30 days from the date of service.
(f) Failure to pay; city attorney to sue to recover. Any failure by a person described in this section as liable for the expenses of an emergency response to pay the bill submitted by the city treasurer within 30 days of service of the bill shall render such matter in default. The city attorney or his designate shall commence a civil suit on behalf of the city to recover the expenses, court costs and attorney fees.
(Ord. No. 771, Sec. 3, 9-21-92)
State law reference(s)‑‑Authority for city to adopt ordinance to collect emergency costs, MCL 41.806a, MSA 5.2640(6a).
Sec. 82-3. Authorized truck routes.
(a) Trucks and other commercial vehicles may operate only on the following streets in the city:
(1) U.S. 31 Business Route, being LaGrange Street from south city limits to Phillips Street; Phillips Street from intersection with LaGrange Street to Broadway; Broadway from intersection with Phillips Street to Conger Street; Dyckman Avenue, North Shore Drive from intersection with Dyckman Avenue north to city limits.
(2) M-43, being Bailey Avenue from south city limits north to Phillips Street; Phillips Street from Bailey Avenue to intersection with LaGrange Street.
(3) Phoenix Street from intersection with Broadway east to city limits.
(4) Aylworth Avenue from LaGrange Street to Indiana Avenue.
(5) Water Street from the west to intersection of Water Street with Kalamazoo Street; Kalamazoo Street from the intersection with Water Street and Phoenix Street, north to the junction with Williams Street (Williams Street is designated on the plat as being Water Street but is now known as Williams Street); thence northerly on Williams Street (formerly Water Street) to the junction with Dyckman Avenue.
(6) Indiana Avenue at the intersection of Aylworth Avenue north to Edgell Street, then west to the end.
(7) Elkenburg Street at the intersection of Indiana Avenue, west to St. Joseph Street.
(8) Kalamazoo Street at south city limits north to the intersection of Aylworth Avenue.
(9) Aylworth Avenue at the intersection of Bailey Avenue (M-43) west to LaGrange Street (Business I-196).
(10) Dunkley Avenue at the intersection of Dyckman Avenue north, then east to East Wells Street, continuing east to U.S. 31 (Blue Star Memorial Highway).
(b) Trucks and other commercial vehicles whose weight, plus the weight of the load being carried, is more than 10,000 pounds are prohibited from operation on all of the streets of the city, except on those streets named in this section; provided, however, that such prohibition shall not apply to such trucks or other commercial vehicles while actually being used and operated to make a bona fide delivery or pickup on a restricted street; provided further that any such truck or other commercial vehicle shall operate on a nonrestricted street to a point as close as practicable to such point of delivery or pickup before entering a restricted street to make such delivery or pickup on a restricted street, and shall then return to the nearest nonrestricted street by using the shortest practicable route.
(c) Appropriate signs shall be erected designating restricted streets.
(d) Any person who shall operate or cause to be operated a truck or other commercial vehicle in violation of any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties prescribed in section 1-13.
(Code 1965, Sec. 41.05)
Sec. 82-4. Vehicle insurance.
(a) Evidence of vehicle insurance; production upon request of police officer. The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the streets of this city or the operator of the motor vehicle shall produce, pursuant to subsection (b) of this section, upon the request of a police officer, evidence that the motor vehicle is insured under chapter 31 of Act No. 218 of the Public Acts of Michigan of 1956 (MCL 500.1301 et seq., MSA 24.13101 et seq.), as amended. An owner or operator of a motor vehicle who fails to produce evidence under this subsection when requested to produce that evidence is responsible for a civil infraction.
(b) Certificate of insurance, prima facie evidence of insurance; contents. A certificate of insurance, if issued by an insurance company, which certificate states that security which meets the requirements of sections 3101 and 3102 of Act No. 218 of the Public Acts of Michigan of 1956 (MCL 500.3101, 500.3102, MSA 24.13101, 24.13102), as amended, is in force, shall be accepted as prima facie evidence that insurance is in force for the motor vehicle described in the certificate of insurance until the expiration date shown on the certificate. The certificate, in addition to describing the motor vehicles for which insurance is in effect, shall state the name of each person named on the policy, policy declaration, or a declaration certificate whose operation of the vehicle would cause the liability coverage of that insurance to become void.
(c) Violation; penalty. If an owner of a motor vehicle is determined to be responsible for a violation of subsection (a) of this section, the court in which the civil infraction determination is entered may require the person to surrender his operator’s or chauffeur’s license unless proof that the vehicle has insurance meeting the requirements of section 3102 of Act No. 218 of the Public Acts of Michigan of 1956 (MCL 500.3102, MSA 24.13102), as amended, is submitted to the court. If the court requires the license to be surrendered, the court shall order the secretary of state to suspend the person’s license and shall forward the surrendered license and a certificate of civil infraction to the secretary of state. Upon receipt of the certificate of civil infraction and the surrendered license, the secretary of state shall suspend the person’s license beginning with the date on which a person is determined to be responsible for the civil infraction for a period of 30 days or until proof of insurance which meets the requirements of section 3102 of Act No. 218 of the Public Acts of Michigan of 1956, as amended, is submitted to the secretary of state, whichever occurs later. If the license is not forwarded, an explanation of the reason why it is not forwarded shall be attached. A person who submits proof of insurance to the secretary of state under this subsection shall pay a service fee of $10.00 to the secretary of state. The person shall not be required to be examined, as set forth in section 320c of the Michigan Vehicle Code (MCL 257.320c, MSA 9.2020(3)).
(d) False evidence; penalty. An owner or operator of a motor vehicle who knowingly produces false evidence under this section is guilty of a misdemeanor, punishable by a fine of not less than $200.00 or more than $500.00 or imprisonment for not more than 90 days, or both.
(e) Points not to be entered on record. Points shall not be entered on a driver’s record pursuant to section 320a of the Michigan Vehicle Code (MCL 257.320a, MSA 9.2020(1)), as amended, for a violation of this section.
(f) Foreign vehicles; inapplicability. This section does not apply to the owner or operator of a motor vehicle that is registered in a state other than this state or a foreign country or province.
(Code 1965, Sec. 41.07)
Sec. 82-5. Disposition of wrecked or discarded vehicles.
No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any unregistered or unlicensed; partially dismantled, non-operating, wrecked, junked or discarded vehicle to remain on such property longer than 48 hours; and no person shall leave any such vehicle on any property within the city for a longer time than 48 hours; except that this section shall not apply to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city.
(Code 1965, Sec. 14.05(d); Ord. No. 743, Sec. 1, 6-13-91)
Secs. 82-6‑‑82-25. Reserved.
‑‑‑‑‑‑‑‑‑‑
*State law reference(s)‑‑Authority to adopt the Uniform Traffic Code by reference, MCL 257.951, MSA 9.2651.
‑‑‑‑‑‑‑‑‑‑
Sec. 82-26. Adoption.
The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the director of the Michigan Department of State Police pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24. 328 and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state are incorporated by reference.
(Code 1965, Sec. 41.01(a); Ord. No. 753, Sec. 1, 3-26-92; Ord. No. 882, 6-19-00; Ord. No. 908, Sec. 1, 12-3-02)
Secs. 82-27—82-28. Reserved.
Sec. 82-29. Metered parking.
(a) Where a parking meter is erected adjacent to a space marked for parking, such space shall be a metered parking space. No person shall stop a vehicle so as to occupy such space for a period of time longer than designated on the parking meter upon the deposit of a coin of United States currency of the denomination designated on the meter on the days and during the time the regulations apply as designated on the meter.
(b) Any person who violates this section shall have committed a civil infraction, and shall pay to the city a fine of $2.00. Such fine shall be paid within 24 hours of the time of the violation. If the fine is not paid within 24 hours, the fine shall be $5.00 for each period in which the motor vehicle is parked in violation of this subsection.
(Code 1965, Sec. 41.03)
Secs. 82-30‑‑82-50. Reserved.
ARTICLE III. PARKING, STOPPING AND STANDING
DIVISION 1. GENERALLY
Sec. 82-51. Parking enforcement officer.
There is hereby established the position of a parking enforcement officer which shall be affiliated with the police department. The enforcement officer shall not be considered as a police officer as defined by law or the pension laws pertaining to police personnel. The parking enforcement officer shall have full authority to issue citations as provided for in this section and shall have further authority as may from time to time be designated by the city manager and the chief of police of the city.
(Code 1965, Sec. 41.03)
Sec. 82-52. Special no parking zones.
There shall be no parking in the following areas:
(1) No stopping, standing or parking.
Elkenburg Kalamazoo Street to Indiana Ave. Eastbound
Humphrey Street West of Kalamazoo Street Eastbound
(2) No parking directly adjacent to schools.
Monroe Street At Indiana School Westbound
Superior Street At St. Basil’s School Eastbound
St. Joseph Street At St. Basil’s School Southbound
(3) No parking directly adjacent to parks.
Monroe Blvd. Monroe Park Northbound
Monroe Street Monroe Park Westbound
South Haven Street Monroe Park Eastbound
Monroe Blvd. Blue Stairs Beach Access Southbound
(Ord. No. 753, Sec. 4(F-2), 3-26-92)
Sec. 82-53. Parking permitted with restrictions.
Parking shall be permitted in the following areas with the following restrictions:
(1) No parking except on Sundays and holidays.
Indiana Avenue South of Cartwright Street
(2) No parking after 9:00 p.m.
Humphrey Street West of Kalamazoo Street Westbound
(3) No parking from 8:00 a.m. to 4:00 p.m. on weekdays.
Center Street South of Michigan Avenue Southbound
Kalamazoo Street North of Aylworth Avenue Southbound
(4) No parking from 2:00 p.m. to 6:00 a.m.; two-hour parking only.
Kalamazoo Street North of Phoenix Street Southbound
Center Street Phoenix Street to Huron Street
(5) Five-minute parking only.
Hubbard Street In front of Hartman School Southbound
(6) Fifteen-minute parking only.
North Shore Drive In front of Bunde’s Bakery Southbound
Erie Street School Street to Broadway
(7) 6:00 a.m. to 6:00 p.m.; 30-minute parking only.
Williams Street West of Center Street Eastbound
(8) One hour parking only.
Kalamazoo Street Eagle Street to Phoenix Street Northbound
(9) 6:00 a.m. to 5:00 p.m.; two-hour parking only.
Williams Street East of Center Street Eastbound
(10) 2:00 a.m. to 6:00 p.m.; two-hour parking only.
Quaker Street West of Center Street
(11) Angle parking only.
Center Street Beside Lincoln School Northbound
Center Street North of Huron Street
Kalamazoo Street North of Water Street Southbound
Lake Shore Drive Westside
Park Avenue South of Dyckman Avenue East side
Phoenix Street West of Arkins Book Store
South Street South side
Woodman Street East of North Shore Drive North side
(Ord. No. 753, Sec. 4, 3-26-92; Ord. No. 901, 7-15-02)
Sec. 82-54. Parking limit in city parking lots.
(a) No motor vehicle shall be parked or allowed to remain parked for a total of more than 24 consecutive hours in any portion of any city parking lot not governed by a more restrictive provision.
(b) This section is to be effective as to each city parking lot where notices are placed so as to be clearly visible to those properly entering any of the city parking lots.
(c) Any person who shall park a motor vehicle or allow a motor vehicle to remain parked in a city parking lot for longer than 24 consecutive hours shall have committed a civil infraction. The registered owner of any such vehicle shall be presumed to be responsible for such infraction.
(d) Any person found guilty of having violated this section shall be subject to a fine of not more than $100.00 plus costs.
(e) Any vehicle found parked or standing contrary to the provisions of this section shall be impounded by the police of the city and shall not be delivered to the owner or operator until the amount of $5.00 has been paid to the treasurer of the city for each day that such vehicle has been parked or allowed to remain standing on premises described in this section contrary to the provisions of this section.
(Code 1965, Sec. 41.02)
Secs. 82-55‑‑82-65. Reserved.
DIVISION 2. SEASONAL PARKING
Sec. 82-66. Parking fee.
(a) There is hereby imposed a fee for the privilege of parking on certain city streets and on certain city property. The city council shall set the area in which the fee shall be collected by resolution.
(b) The city council shall by resolution set the periods during which the parking fee shall be collected and the hours of each day that the parking fee shall be collected.
(c) Daily, weekly and annual parking stickers shall be issued in accordance with a