(a)

No person shall resist any police officer, any member of the police department, or any person duly empowered with police authority while in the discharge or apparent discharge of his duty, or in any way interfere with or hinder him in the discharge of his duty.

(b)

No person shall offer or endeavor to assist any person in the custody of a police officer, a member of the police department, or a person duly empowered with police authority to escape or attempt to escape such custody.

(c)

No person shall make available to, present to or place within the reach of, any person confined, under the authority of the city, any intoxicating or malt liquors, or any tool, implement or other thing calculated to aid in the escape of such person so confined, or any other person confined, under authority of the city.

(d)

No person shall assist or aid, or attempt to assist or aid, any person in the custody of, or confined under the authority of, the city, to escape from jail, place of confinement or custody.

(e)

No person shall, while a prisoner in the city jail, or at any place where prisoners are confined, or otherwise in custody by authority of the city, escape or attempt to escape or to assist others to escape or to attempt to escape from such custody or confinement.

(Code 1958, § 8-116; Ord. No. 101, § 1, 6-25-58)

(a)

No person shall intentionally make a false report of the commission of a crime, or intentionally cause a false report of the commission of a crime to be made, to a peace officer, the Madison Heights Police Department, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports of a crime, knowing the report is false.

(b)

No person shall intentionally make or intentionally cause to be made a false report of a medical or other emergency to a peace officer, the Madison Heights Police Department, firefighter or Fire Department of the City of Madison Heights, 9-1-1 operator, medical first responder, or any governmental employee or contractor or employee of a contractor who is authorized to receive reports of medical or other emergencies.

(c)

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(d)

The court may order a person convicted under subsection (a) or (b) to pay to the City of Madison Heights the costs of responding to the false report or threat including, but not limited to, use of police, fire, medical, or other emergency response vehicles and teams, under section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f, unless otherwise expressly provided for in this section.

(e)

A violation or attempted violation of this section occurs if the communication of the false report originates in the City of Madison Heights, is intended to terminate in the City of Madison Heights, or is intended to terminate with a person who is in the City of Madison Heights.

(f)

A violation or attempted violation of this section may be prosecuted in the City of Madison Heights if the communication originated or terminated in the City of Madison Heights.

(Code 1958, § 8-116; Ord. No. 101, § 2, 6-25-58; Ord. No. 2103, § 1, 3-10-14)

No person other than an official police officer of the city shall wear or carry the uniform, apparel, badge, identification card or any other insignia of office like, or similar to, or a colorable imitation of, that adopted and worn or carried by the official police officers of the city.

(Code 1958, § 8-116; Ord. No. 101, § 1, 6-25-58)

No person shall intentionally harass or cause physical harm to a police dog at any time. No person shall intentionally interfere with a police dog while that dog is lawfully performing duties and/or commands in the performance of its duties in connection with a police officer and/or the police department.

(Ord. No. 982, § 1, 3-8-99)

There is hereby created a police department of the City of Madison Heights.

(Code 1958, § 2-101)

The police department shall be under the supervision of the chief of police who shall be the commanding officer of the police force. He shall direct the police work of the city and be responsible for the enforcement of law and order and the compliance by the department with all duties required by law and this Code.

(Code 1958, § 2-103)

The selection and employment standards for law enforcement officers contained in Rules 28.14201 through 28.14207 of the Michigan Administrative Code, published under the authority of the Commission on Law Enforcement Standards Act, Act 203 of 1965, and all future amendments and revisions to the Rules, when they are effective in this state, are incorporated and are hereby adopted by reference as if fully set forth herein.

(Code 1958, § 2-103; Ord. No. 313, § 1, 8-28-67; Ord. No. 352, § 1, 5-20-68; Ord. No. 2150, § 1, 2-24-20)

The chief of police shall, with the approval of the council, appoint special guards known as civilian crossing guards in such numbers as he shall deem necessary. He shall, with council approval, promulgate and adopt rules and regulations for the appointment and removal of guards, enumerate their powers and duties, specify the type of dress, badge and insignia to be worn by them while actually performing authorized police duties. The guards shall receive such compensation as provided by the council. The guards shall be entitled to all rights and benefits under the state workmen's compensation laws.

(Code 1958, § 2-104)

The guards shall dress and wear such badge and insignia as prescribed by the chief of police while actually performing authorized police duties. It shall be unlawful for any guard to wear such dress, badge or insignia or to exercise any police duties at any other time.

(Code 1958, § 2-105)

There is hereby established a reserve police force in the city whose function shall be that of aiding and assisting the regular city policemen when called upon to do so in the manner set forth in this article.

(Code 1958, § 2-137; Ord. No. 292, § 1, 1-9-67; Ord. No. 508, § 1, 11-12-73)

Editor's note— Ord. No. 998, § 1, adopted Oct. 13, 2003, repealed §§ 20-32, 20-33, which pertained to police reserve commission creation and powers and duties; appointment of force members and derived from the 1958 Code, § 2-138; Ord. No. 292, § 1, adopted Jan. 9, 1967; Ord. No. 363, § 1, adopted Nov. 25, 1968; and Ord. No. 508, § 1, adopted Nov. 12, 1973.

All members of the police reserve system who were members at the time of the institution of the ordinance from which this article was derived shall continue in their position without the need of any further approval.

(Ord. No. 508, § 1, 11-12-73)

All members of the reserve police force shall at all times be under the direct supervision and control of the chief of police.

(Code 1958, § 2-139; Ord. No. 292, § 1, 1-9-67; Ord. No. 508, § 1, 11-12-73)

Any discipline or dismissal of any members of the police reserve force shall be made by the chief of police and the reasons therefor shall be set forth in writing and either mailed by certified mail to the last known address of the police reserve member or delivered to him in person and said member shall have five days from the date of service within which to appeal to the police reserve commission. If said certified letter is returned undelivered the date of the return shall be determined to be the date of service. Thereafter, if no appeal is taken, the decision of the chief of police shall be final and no further appeal shall be permitted. Within ten days after the appeal is taken or at such further adjourned time as the commission may allow, a hearing shall be set for the commission. The commission shall have the right to either uphold, modify or reverse the determination of the chief of police.

(Code 1958, § 2-143; Ord. No. 292, § 1, 1-9-67; Ord. No. 508, § 1, 11-12-73)

Reserve policemen may perform such functions as may be delegated from time to time to them by the chief of police, provided, however, that the appointment of an individual as a reserve policeman under this article is not to be construed as providing any additional power of arrest than that granted to private persons under statutory provisions of the state. Nor shall the provisions of this article be construed as authority or power to carry weapons contrary to the statutory provisions of the state.

(Code 1958, § 2-140; Ord. No. 292, § 1, 1-9-67; Ord. No. 508, § 1, 11-12-73)

The word "property," as used in this article shall not include animals or abandoned motor vehicles.

(Code 1958, § 2-107)

There shall be an officer known as "property clerk" of the police department of the city, who shall be designated by the chief of police.

(Code 1958, § 2-106)

All property or money alleged or supposed to have been feloniously obtained or which shall be lost or abandoned, and which shall be thereafter taken into the custody of any member of the police force or any court, or which shall come into such custody, shall be, by such member or by order of the court, given into the custody of the property clerk and kept by him.

(Code 1958, § 2-107)

All property and money in custody of the property clerk shall be particularly advertised and registered by the property clerk in a book kept for that purpose, which shall contain also a record of the names of the persons from whom such property or money was taken, the names of all claimants thereto, the place where found, the time of the seizure, the date of the receipt, the general circumstances connected therewith and any final disposal of such property and money.

(Code 1958, §§ 2-108, 2-113)

The property clerk may administer oaths and certify depositions which may be necessary to establish the ownership of any property or money lost or abandoned, including such property or money returned to him which is alleged to have been feloniously obtained or to be the proceeds of crime.

(Code 1958, § 2-109)

(a)

Upon satisfactory evidence of the ownership of property or money described in section 20-53, the property clerk shall deliver the same to the owner, his next of kin or legal representative, and to him or them only. If, in any case, it is proven impracticable for such owner, next of kin or legal representative to appear, the property clerk may deliver such property or money to any person having a duly executed power of attorney from such owner, or his next of kin, or legal representative, upon the filing of such power of attorney in the office of said clerk and the signing of a receipt for such property or money.

(b)

In the event two or more persons claim ownership of any such property or money, the property clerk may give notice by registered mail to all such claimants of whom he shall have knowledge of the time and place of a hearing to determine the person to whom the property or money shall be delivered. At the time and place so designated the property clerk shall hear and receive evidence of ownership of the property or money concerned, and shall determine the identity of the owner. After such hearing, the property clerk shall deliver the property or money to the person whom the property clerk determines is the owner, his next of kin or legal representative, and to him or them only. If, in any case, it is proven impracticable for such owner, next of kin or legal representative to appear, the property clerk may deliver such property or money to any person having a duly executed power of attorney from such owner, his next of kin or legal representative, upon the filing of such power of attorney in the office of said clerk and the signing of a receipt for such property or money.

(c)

The property clerk shall not be liable in damages for any official action performed under this section in good faith.

(d)

Except as provided in section 20-57, no property or money in the possession of the property clerk alleged to have been feloniously obtained or to be the proceeds of crime shall be delivered under this section if it is required to be held under the provisions of section 20-56 hereof; nor shall it be delivered within one year after the date of receipt of said property or money by the property clerk unless such property or money is not needed as evidence in the prosecution of a crime.

(Code 1958, § 2-110)

Whenever property or money shall be taken from persons arrested, and shall be alleged to have been feloniously obtained, or to be the proceeds of crime, and whenever so brought with such claimant and the person arrested before any court for trial, and the court shall be satisfied from evidence that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him, said court may, in writing, order such property or money to be returned, and the property clerk, if he has it, to deliver such property or money to the accused person himself, and not to any attorney, agent or clerk of such accused person.

(Code 1958, § 2-111)

If any claim to the ownership of property or money, alleged to be feloniously obtained or to be proceeds of crime, shall be made on oath before the court, by or in behalf of any other persons than the person arrested, and the accused person shall be held for trial or examination, such property or money shall remain in the custody of the property clerk until the discharge or conviction of the person accused.

(Code 1958, § 2-112)

(a)

Whenever any articles of property (except perishable property) other than money, returned to the property clerk as the proceeds of crime, are shown by sufficient evidence to be necessary for the current use of the owner and not for sale, the council has power, in its discretion, to authorize the property clerk to place the same in the custody of the owner, upon sufficient bonds being given by the owner in the sum of twice the value of the property, conditioned for the production of the same at any time within one year when required for use in court as evidence in any proceedings thereon.

(b)

Perishable property, returned to the property clerk as the proceeds of crime, may be delivered to the owner on ample security being taken by the court for his appearance to prosecute the case.

(c)

When large quantities of goods held for sale by the owner come into the possession of the property clerk as the proceeds of crime, the same may be delivered to the owner, his heirs or representatives, as provided in section 20-54, upon ample security to prosecute the case. But in such cases goods to the estimated value of $50.00 or less shall be retained by the property clerk until the discharge or conviction of the accused.

(Code 1958, §§ 2-116—2-118)

If any property or money placed in the custody of the property clerk shall be desired as evidence in any criminal court, such property shall be delivered to any officer who shall present an order to that effect from such court; but such property shall not be retained in the court but shall be returned to the property clerk to be disposed of according to the provisions of this article.

(Code 1958, § 2-119)

Any property or money returned to the property clerk as the proceeds of crime, and which shall not be called for as evidence by any proceeding in any court, within one year from the date of such return, may, unless specially claimed by the owner within that time, be thereafter treated as other unclaimed, abandoned or lost property or money, as provided in this article.

(Code 1958, § 2-120)

Whenever any money or property of deceased persons coming into the custody of the property clerk of the police department shall remain in his hands for the period of one year without being claimed by the legal representatives of such deceased person, such money or property, when not exceeding $100.00 in value, shall be disposed of as lost or abandoned property as provided in this article.

(Code 1958, § 2-113)

All property except perishable property, that shall remain in the custody of the property clerk for a period of six months, with the exception of motor vehicles which shall be held for a period of three months, without any lawful claimant thereto after having been three times advertised in some daily newspaper of general circulation published in the city, shall be sold at public auction, and the proceeds of such sale, having been retained by the said property clerk for a period of three months without a lawful claimant, shall then be paid to the city treasurer; and all money that shall remain in his hands for said period of six months shall be so advertised, and if no lawful claimant appears shall be likewise paid to the city treasurer. All such funds received by the city treasurer shall be credited to the general fund.

(Code 1958, § 2-114)

All perishable property taken into custody of the property clerk and unclaimed shall be sold at once.

(Code 1958, § 2-115)

The following words and phrases when used in this division shall have the meanings respectively ascribed to them:

Property shall mean any real property within the city which is not a street or highway.

Street or highway shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Vehicle shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.

(Code 1958, § 4-1100; Ord. No. 236, § 1, 2-1-65)

(a)

All vehicles which are parked or located in an unenclosed area on public or private property for a period of more than 72 hours, which do not contain current motor vehicle license plates, shall be deemed to be a disabled abandoned automobile and shall be removed in accordance with the provision of this section.

(b)

If a vehicle has remained on public or private property for a period of time so that it appears to the police agency to be abandoned, the police agency shall do all of the following:

(1)

Determine if the vehicle has been reported stolen.

(2)

Affix a written notice to the vehicle. The written notice shall contain the following information:

a.

The date and time the notice was affixed.

b.

The name and address of the police agency taking the action.

c.

The name and badge number of the police officer affixing the notice.

d.

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.

e.

The year, make, and vehicle identification number of the vehicle, if available.

(c)

If the vehicle is not removed within 48 hours after the date the notice was affixed, the vehicle is deemed abandoned and the police agency may have the vehicle taken into custody.

(d)

A police agency which has a vehicle taken into custody shall do all of the following:

(1)

Recheck to determine if the vehicle has been reported stolen.

(2)

Within 24 hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network.

(3)

Within seven 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:

a.

The year, make, and vehicle identification number of the vehicle if available.

b.

The location from which the vehicle was taken into custody.

c.

The date on which the vehicle was taken into custody.

d.

The name and address of the police agency which had the vehicle taken into custody.

e.

The business address of the custodian of the vehicle.

f.

The procedure to redeem the vehicle.

g.

The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.

h.

A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.

i.

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.

(e)

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 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 20-74 and 2-75. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in the 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 agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

(f)

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.

(g)

If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle and the police agency for its accrued costs.

(h)

Not less than 20 days after the disposition of the hearing described in paragraph (e) or, if a hearing is not requested, not less than 20 days after the date of the notice, the police agency shall offer the vehicle for sale at a public sale pursuant to section 20-76.

(i)

If the ownership of a vehicle which has been deemed abandoned under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to section 20-76, not less than 30 days after public notice of the sale has been published.

(Ord. No. 704, § 1(20-70a), 3-28-83; Ord. No. 732, § 2, 5-21-84)

(a)

As used in this section:

(1)

Registered abandoned vehicle means a vehicle which meets all of the following requirements:

a.

Is on public or private property.

b.

Is seven or more years old.

c.

Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe, as required by section 5.71 of the Uniform Traffic Code for Cities, would exceed the fair market value of that vehicle.

d.

Is currently registered in the State of Michigan or displays current-year registration plates from another state.

e.

Is not removed within 48 hours after a written notice as described in section 20-70(b)(2) is affixed to the vehicle.

(2)

Unregistered abandoned scrap vehicle means a vehicle which meets all of the following requirements:

a.

Is on public or private property.

b.

Is seven or more years old.

c.

Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe, as required by section 5.71 of the Uniform Traffic Code for Cities, previously adopted by the City of Madison Heights, would exceed the fair market value of that vehicle.

d.

Is not currently registered in this state and does not display current-year registration plates from another state.

e.

Is not removed within 48 hours after a written notice as described in section 20-70(b)(2) is affixed to the vehicle.

(b)

A police agency may have an unregistered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:

(1)

Determine if the vehicle has been reported stolen.

(2)

Take two photographs of the vehicle.

(3)

Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:

a.

The year, make, and vehicle identification number, if available.

b.

The date of abandonment.

c.

The location of abandonment.

d.

A detailed listing of the damage or the missing equipment.

e.

The reporting officer's name and title.

f.

The location where the vehicle is being held.

(4)

Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(c)

Within 24 hours, excluding Saturday, Sunday, and legal holidays, after taking the vehicle into custody, the police agency shall complete a release form and release the vehicle to the towing service or 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.

(d)

The release form described in paragraph (c) above shall be furnished by the secretary of state and shall include a certification executed by the applicable police agency when the abandoned scrap vehicle is released. The certification shall state that the police agency has complied with all requirements of subsections (b)(2) and (3).

(e)

The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than two years. The two photographs taken pursuant to subsection (b)(2) shall be retained by the police agency for not less than two years. After the certification of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.

(f)

A police agency may have a registered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:

(1)

Determine if the vehicle has been stolen.

(2)

Take two photographs of the vehicle.

(3)

Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:

a.

The year, make, and vehicle identification number, if available.

b.

The date of abandonment.

c.

The location of abandonment.

d.

A detailed listing of the damage or the missing equipment.

e.

The reporting officer's name and title.

f.

The location where the vehicle is being held.

(4)

Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(5)

Within seven 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:

a.

The year, make, and vehicle identification number of the vehicle, if available.

b.

The location from which the vehicle was taken into custody.

c.

The date on which the vehicle was taken into custody.

d.

The name and address of the police agency which had the vehicle taken into custody.

e.

The business address of the custodian of the vehicle.

f.

The procedure to redeem the vehicle.

g.

The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.

h.

A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.

i.

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the termination of all rights of the owner and the secured party to the vehicle.

(g)

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 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 20-74 and 20-75. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount as determined by the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

(h)

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.

(i)

If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.

(j)

No less than 20 days after the disposition of the hearing described in paragraph (g), or if a hearing is not requested, not less than 20 days after the date of the notice described in subsection (f)(5), the police agency shall follow the procedures established in paragraphs (c) to (e).

(Ord. No. 704, § 1(20-70b), 3-28-83)

(a)

When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or a police agency, the custodian of the vehicle immediately shall notify the police agency from whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police agency to enter the vehicle into the law enforcement information network.

(b)

Upon receipt of the notification described in paragraph (a) above, the police agency immediately shall do all of the following:

(1)

Determine if the vehicle has been reported stolen.

(2)

Enter the vehicle into the law enforcement information network.

(c)

The owner of the vehicle removed as described in paragraph (a) may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police agency of the disposition of the vehicle.

(d)

If the vehicle described in paragraph (a) is not claimed by the owner within seven days after the police agency has been notified by the custodian that it has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in section 20-70(d)(3) to (i) shall apply.

(Ord. No. 704, § 1(20-70c), 3-28-83)

(a)

A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:

(1)

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.

(2)

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.

(3)

If a vehicle is parked in a posted tow away zone.

(4)

If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.

(5)

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.

(6)

If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or man-made disaster, or other emergency.

(7)

If the vehicle is hampering the use of private property by the owner or person or person in charge of the property or is parked in a manner which impedes the movement of another vehicle.

(b)

A police agency which authorizes the removal of a vehicle under paragraph (a) above shall do all of the following:

(1)

Check to determine if the vehicle has been reported stolen.

(2)

Within 24 hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subsection does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.

(3)

If the vehicle has not been redeemed within ten days after moving the vehicle, send to the registered owner and the secured party as shown by the records of the secretary of state, by first-class mail or personal service, a notice that the vehicle has been removed; however, if the police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within 24 hours after the removal, and if the vehicle has not been redeemed within 30 days and upon complaint from the towing service, the police agency shall send the notice within 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:

a.

The year, make, and vehicle identification number of the vehicle.

b.

The location from which the vehicle was taken into custody.

c.

The date on which the vehicle was taken into custody.

d.

The name and address of the police agency which had the vehicle taken into custody.

e.

The location where the vehicle is being held.

f.

The procedure to redeem the vehicle.

g.

The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the towing and daily storage fees.

h.

A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.

i.

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.

(c)

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 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 20-74 and 20-75. 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 agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

(d)

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.

(e)

If the owner does not redeem the vehicle or request a hearing within 20 days, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle prior to the date of the sale.

(f)

Not less than 20 days after the disposition of the hearing described in paragraph (c) above, or if a hearing is not requested, not less than 20 days after the date of the notice described in subsection (b)(3), the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed. The public sale shall be held pursuant to section 20-76.

(g)

If the ownership of the vehicle which has been removed under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to section 20-76 not less than 30 days after public notice of the sale has been published.

(Ord. No. 704, § 1(20-70d), 3-28-83)

(a)

The district court shall have jurisdiction to determine if a police agency has acted properly in processing a vehicle under sections 20-71(f) to (j), 20-72, or 20-73.

(b)

The court specified in the notice prescribed in section 20-70(d)(3), 20-71(f), 20-72(d) or 20-73(b)(3) shall be the court which has territorial jurisdiction at the location from where the vehicle was removed or deemed abandoned. Venue in the district court shall be governed by section 8312 of Act. No. 236 of the Public Acts of 1961, as amended, being section 600.8312 of the Michigan Compiled Laws.

(c)

If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle under sections 20-70, 20-71, 20-72, or 20-73 shall be used to pay the towing and storage fees.

(Ord. No. 704, § 1(20-70e), 3-28-83)

(a)

Upon receipt of a petition prescribed in sections 20-70 through 20-73, signed by the owner of the vehicle which has been taken into custody, the court shall do both of the following:

(1)

Schedule a hearing within 30 days for the purpose of determining whether the police agency acted properly.

(2)

Notify the owner and the police agency of the time and place of the hearing.

(b)

At the hearing specified in paragraph (a) above, the police agency shall have the burden of showing by a preponderance of the evidence that it has complied with the requirements of this act in processing the abandoned vehicle or vehicle removed pursuant to section 20-73.

(c)

After the hearing, the court shall make a decision which shall include one or more of the following:

(1)

A finding that the policy agency complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under section 20-73, and an order providing a period of 20 days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within 20 days, the police agency shall dispose of the vehicle pursuant to section 20-71 or 20-76.

(2)

A finding that the police agency did not comply with the procedures established for the processing of an abandoned vehicle or a vehicle removed pursuant to section 20-73. 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 agency is responsible for the accrued towing and storage charges.

(3)

A finding that the towing and daily storage fees were reasonable.

(4)

A finding that the towing and daily storage fees were [un]reasonable and issue an order directing an appropriate reduction.

(Ord. No. 704, § 1(20-70f), 3-28-83)

(a)

A public sale for a vehicle which has been deemed abandoned under section 20-70 or 20-72 or removed under section 20-73 shall be conducted in the following manner:

(1)

It shall be under the control of the police agency or agent of the police agency.

(2)

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 agency or agent of the police agency.

(3)

Except as provided by sections 20-70(i) and 20-73(g), it shall be held not less than five days after public notice of the sale has been published.

(4)

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.

(b)

The money received from the public sale of the vehicle shall be applied in the following order of priority:

(1)

Towing and storage charges.

(2)

Expenses incurred by the police agency.

(3)

To the secured party, if any, in the amount of the debt outstanding on the vehicle.

(4)

Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.

(c)

If there are no bidders on the vehicle, the police agency may do one of the following:

(1)

Turn the vehicle over to the towing firm to satisfy charges against the vehicle.

(2)

Obtain title to the vehicle for the police agency, or the unit of government the police agency represents, by doing the following:

a.

Paying the towing and storage charges.

b.

Applying for title to the vehicle.

(3)

Hold another public sale pursuant to paragraph (a).

(d)

A person who acquires ownership of a vehicle under paragraphs (a) or (c), which vehicle has been designated as a distressed vehicle, shall make application for a salvage certificate of title within 15 days after obtaining the vehicle.

(e)

Upon disposition of the vehicle, the police agency shall cancel the entry into the law enforcement information network.

(Ord. No. 704, § 1(20-70g), 3-28-83)