Sec.
34-1. Michigan vehicle code adopted.
(a) Pursuant to the authority provided it by Public Act No. 258
of 1999 (MCL 78.23(i)), the village adopts by reference the Michigan
vehicle code, Public Act No. 300 of 1949 (MCL 257.1 et seq.).
(b) References in the Michigan vehicle code to "local authorities,"
means the village.
(c) The penalties provided by the Michigan vehicle code are adopted
by reference; provided, however, that the village may not enforce any
provision of the Michigan vehicle code for which the maximum period
of imprisonment is greater than 93 days.
(Ord. No. 210, §§ I--III, 9-20-2000)
Sec.
34-2. Operation of ORV under the influence of liquor and controlled
substances.
(a) Definitions. The following words, terms and phrases, when used
in this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
ORV means a motor-driven off-road recreation vehicle capable of cross
country travel without benefit of a road or trail, on or immediately
over land, snow, ice, marsh, swamp land or other natural terrain.
(b) Prohibited operations.
(1) A
person who is under the influence of intoxicating liquor or a controlled
substance, or a combination of intoxicating liquor and a controlled
substance, shall not operate an ORV within the village.
(2) A person who has an alcohol content of 0.10 gram or more
per 100 milliliters of blood, 210 liters of breath or 67 milliliters
of urine shall not operate an ORV within the village.
(3) The owner or person in charge or in control of an ORV shall
not authorize or knowingly permit the ORV to be operated within the
village by a person who is under the influence of intoxicating liquor
or a controlled substance, or a combination of intoxicating liquor
and a controlled substance.
(c) Violations;
penalties. Except as otherwise provided in this section, a person who
is convicted of a violation of subsection (b)(1), (2) or (3) of this
section is guilty of a misdemeanor, punishable by imprisonment for not
more than 93 days, or a fine of not less than $100.00 or more than $500.00,
or both such imprisonment and fine, together with costs of the prosecution.
As part of the sentence for a violation of subsection (b)(1) or (2)
of this section, the court shall order the person convicted not to operate
an ORV for a period of not less than six months or more than two years.
(d) Community service. As part of the sentence for a violation
of subsection (b)(1) or (2) of this section, the court may order the
person to perform service to the community, as designated by the court,
without compensation, for a period not to exceed 12 days. The person
shall reimburse the village for the cost of insurance incurred by the
village as a result of the person's activities under this subsection.
(e) Screening and assessment prior to sentencing. Before imposing
a sentence for a violation of subsection (b)(1) or (2) of this section,
the court shall order the person to undergo screening and assessment
by a person or agency designated by the office of substance abuse services,
to determine whether the person is likely to benefit from rehabilitative
services, including alcohol or drug education and alcohol or drug treatment
programs. As part of the sentence, the court may order the person to
participate in, and successfully complete, one or more appropriate rehabilitative
programs. The person shall pay for the costs of the screening, assessment
and rehabilitative services.
(f) Advisement prior to acceptance of guilty plea. Before accepting
a plea of guilty under this section, the court shall advise the accused
of the consequences possible as the result of a plea of guilty in respect
to suspension of the person's right to operate an ORV and the penalty
imposed for violation of this section.
(Ord. No. 207, § IV, 9-21-1999)
State law references: Similar provisions, MCL 324.81134.
Sec.
34-3. Local amendments.
The following additional provisions relating to traffic and vehicles
shall apply in the village:
(1) Village auto pound. The village council shall designate a private
towing service to act as village auto pound for the purpose of receiving,
towing, safeguarding and discharging vehicles impounded by the village.
Any fees and charges paid to the village auto pound shall be at the
current prevailing rate for such services. A vehicle impounded by the
village pursuant to this article need not be released by the village
auto pound until the owner has paid all charges of the village auto
pound.
(2) Playing games in streets; violation as civil infraction.
a. It
shall be unlawful for any person to play any game in or upon the public
streets so as to obstruct vehicular traffic.
b. A person who violates this section is responsible for a civil
infraction.
(3) Parking
for certain purposes prohibited; violation as civil infraction.
a. No
person shall park a vehicle upon any street for the purpose of:
1. Displaying
such vehicle for sale;
2. Washing, polishing, greasing or repairing such vehicle,
except repairs necessitated by an emergency;
3. Displaying advertising;
4. Selling merchandise from such vehicle, except in a duly
established market place, or when authorized or licensed under the
ordinances of the village;
5. Parking between the hours of 2:00 a.m. and 5:00 a.m. of
the same day. The director of public safety, for a good cause, may
grant special parking permits during such hours, provided, each
permit is granted for a definite period of time.
b. A
person who violates this section is responsible for a civil infraction.
(4) Parking
beyond curb. No person shall stop, stand or park a motor vehicle upon
any portion of land located beyond any curb, unless permitted by signs
appropriately erected, or by written permission of the director of public
safety.
(5) Parking of commercial vehicles. No person shall park, keep
or store any commercial vehicle in any open portion of the premises
of a residential classed property, or in or upon any front or side yard
of any lot or upon any street or highway within the village, without
the written permission of the director of public safety. For the purpose
of this section, the term "commercial vehicle" means a vehicle,
other than an automobile, designed and used for commercial purposes,
regardless of its registration status under the state law.
(6) Parking of recreational vehicles and boats. No person shall
park, keep or store any boat, houseboat, trailer or motorized camping
equipment in or upon the front or side yard of any residential lot for
more than 24 hours, or upon any street or highway within the village,
without the written permission of the director of public safety.
Sec.
34-4. Sanctions.
(a) A person found to have committed a civil infraction, as defined
in the Michigan vehicle code shall be assessed a fine in accordance
with a schedule to be set from time to time by the municipal court.
The established fines shall not exceed the fines permitted under section
907 of the Michigan vehicle code, MCL 257.907. The schedule of fines
established by the court shall be open for inspection by the general
public at the traffic violation bureau.
(b) A person found to have violated any provision of this article
not constituting a civil infraction shall be assessed a fine not exceeding
$500.00, or imprisonment for not more than 90 days, or both such fine
and imprisonment, and shall be assessed reasonable court costs.
(Ord. No. 124, § 5, 5-26-1970; Ord. No. 128, § 1, 1-19-1971;
Ord. No. 131, §§ 1, 3, 6-20-1972; Ord. No. 136, §§
1, 3, 11-20-1973; Ord. No. 138, § XIV, ¶ 5, 12-17-1974; Ord.
No. 149, § 1, 3-27-1979; Ord. No. 151, § 1, 7-17-1979; Ord.
No. 124-A, 4-19-1983; Ord. No. 171, 10-22-1985; Ord. No. 181, 11-26-1992;
Ord. No. 184, §§ I--VII, 4-27-1993; Ord. No. 190, 12-20-1994;
Ord. No. 195, 10-16-1995; Ord. No. 207, §§ I--III, 9-21-1999)
Sec.
34-5. Resolution of conflicts.
In the event of a conflict between the Michigan vehicle code adopted
by section 34-1 and this Code or any ordinance, this Code or the ordinance
shall prevail.
Secs. 34-6--34-40. Reserved.
