TRAFFIC AND MOTOR VEHICLES
Editor's note— Ord. No. C-649, § 1, adopted Sept. 22, 2003, repealed art. II, §§ 22-11, 22-12, in its entirety. Former art. II pertained to similar subject matter and derived from Ord. No. 63A, § 84, adopted June 3, 1974; Ord. No. 113, §§ 1, 3, adopted Oct. 19, 1981; Ord. No. 113-A, adopted Apr. 7, 1983; Ord. No. 113-B, § 1, adopted Aug. 19, 1985; Ord. No. 113-C, § 1, adopted Feb. 2, 1987; Ord. No. C-172, § 1, adopted Mar. 6, 1989; Ord. No. C-228, §§ 1, 2, adopted Sept. 5, 1989; Ord. No. C-328, §§ 1—3, adopted Aug. 19, 1991; Ord. No. C-342, § 1, adopted Dec. 16, 1991; Ord. No. C-381, § 1, adopted Dec. 16, 1992; Ord. No. C-439, § 1, adopted Dec. 12, 1994; Ord. No. C-381-A, § 1, adopted Jan. 23, 1995; Ord. No. C-381-B, § 1, adopted July 24, 1995; Ord. No. C-381-C, § 1, adopted Mar. 27, 1997; Ord. No. C-381-D, § 1, adopted Dec. 15, 1997; Ord. No. C-381-E, § 1, adopted Oct. 14, 1998; Ord. No. C-381-F, § 1, adopted Oct. 14, 1998; Ord. No. C-568-A, § 1, adopted Oct. 4, 1999; Ord. No. C-568-B, § 1, adopted Oct. 4, 1999; Ord. No. C-568-C, § 1, adopted Oct. 4, 1999; Ord. No. C-586, § 1, adopted May 15, 2000; Ord. No. C-568-D, § 1, adopted Sept. 18, 2000. Ord. No. C-650, §§ 1—3, adopted Sept. 22, 2003, enacted new provisions to read as herein set out.
Cross reference— Snowmobiles in community parks, § 16-18.
State Law reference— Authority to adopt Uniform Traffic Code, MCL 257.951 et seq.
Cross reference— Maintenance of parking areas in shopping centers, § 8-219.
State Law reference— Traffic control in shopping center parking lots, MCL 257.941 et seq.
State Law reference— Operation of motor vehicles on school district property in municipalities, MCL 257.961, MSA 9.2660.
Editor's note— Ord. No. C-171-C, § 1, adopted Apr. 6, 2009, amended art. VII in its entirety to read as herein set out. Former art. VII §§ 22-120—22-123, pertained to similar subject matter and derived from Ord. No. C-171, § 1, adopted Feb. 21, 1989; and Ord. No. C-171-A, § 1, adopted Dec. 4, 2000.
Cross reference— Police, Ch. 18.
Editor's note— Ord. No. C-484, adopted Jan. 22, 1996, amended the Code of Ordinances by adding provisions designated as Art. VIII of Ch. 22, § 22-130. Inasmuch as Ch. 22, already contained an Art. VIII, the editor has redesignated these new provisions as Art. IX, § 22-140.
Editor's note— Ord. No. C-649, § 1, adopted Sept. 22, 2003, repealed art. I, § 22-1, in its entirety. Former § 22-1 pertained to persons operating certain group vehicles; license designation; application of section; licenses for class 1, 2, or 3 endorsements and derived from Ord. No. C-317, § 1, adopted June 17, 1991.
Editor's note— Ord. No. C-649, § 1, adopted Sept. 22, 2003, repealed art. I, § 22-2, in its entirety. Former § 22-2 pertained to definitions of terms used in subsections 22-1(a) through (g) and derived from Ord. No. C-317, § 1, adopted June 17, 1991.
The Uniform Traffic Code for Michigan 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 Public Act 306, as amended (MCL 24.201 et seq.) and made effective October 30, 2002, is hereby adopted by reference. All references in said Uniform Traffic Code to a "governmental unit" shall mean the Charter Township of West Bloomfield.
(Ord. No. C-650, § 1, 9-22-03)
(1)
The Michigan Vehicle Code, being Act 300 of the Public Acts of 1949, (MCL 257.1 et seq.) as amended now and in the future, is hereby adopted by reference as an ordinance of the township.
(2)
Where necessary to the enforcement of the Michigan Vehicle Code or the collection of fines, costs and penalties for violations as a Township Ordinance, references in the Michigan Vehicle Code to "local authorities", "local authority" or "authority having jurisdiction" shall mean the township board; references to "municipality" and "township" shall mean the township; and references to "local ordinances" shall mean the ordinances of the township.
(3)
Printed copies of the Michigan Vehicle Code shall be kept on file in the office of the township clerk and made available for inspection by or distribution to the public at all times the office is open. The township may charge a fee that does not exceed the actual cost for making and distributing copies of or from the Michigan Vehicle Code.
(Ord. No. C-650, § 2, 9-22-03; Ord. No. C-650-A, § 1, 6-20-05)
The off-road vehicle regulations in Part 811 of the Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended (MCL 324.81101 et seq.), and snowmobile regulations in Part 821 of that Act, (MCL 324.82101 et seq.), are hereby adopted by reference as ordinances of the township.
(Ord. No. C-650, § 3, 9-22-03; Ord. No. C-650-A, § 1, 6-20-05)
The Uniform Traffic Code, Michigan Vehicle Code and off-road vehicle and snowmobile regulations adopted in this article shall be applicable to and enforced on all property owned and/or controlled by the township or any of its boards or commissions.
(Ord. No. C-650-A, § 1, 6-20-05)
Violations of any code or regulation adopted in this article for which the maximum period of imprisonment is greater than ninety-three (93) days shall not be enforced by the township as an ordinance violation; provided, however, a violation of section MCL 257.625(1)(c), which the township hereby adopts by reference and in conformity with section 22-12 of the Township Code of Ordinances, shall constitute a misdemeanor punishable by one (1) or more of the following: Community service for not more than three hundred sixty (360) hours, imprisonment for not more than one hundred eighty (180) days, and a fine of not less than two hundred dollars ($200.00) or more than seven hundred dollars ($700.00).
(Ord. No. C-650-A, § 1, 6-20-05; Ord. No. C-759, § 1, 5-14-12)
The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:
Charging. When an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
Electric vehicle. Any motor vehicle that is licensed and registered for operation on a public or private highway, road or street that relies either partially or exclusively on electrical energy from a grid, or an off-board source that is stored on-board via a battery for motive purpose. Electric vehicle includes battery electric vehicles and plug-in hybrid electric vehicles.
Electric vehicle charging station. A parking space that is served by battery charging equipment that has as its primary purpose the transfer of electric energy, by conductive or inductive means, to a battery or other energy storage device in an electric vehicle.
Electric vehicle parking space. A parking space that is designated and marked for the parking of electric vehicles only.
Non-electric vehicle. Any motor vehicle that does not meet the definition of electric vehicle.
Parking area means an area used by the public as a means of access to and egress from, and for the free parking of motor vehicles by patrons of a shopping center, business, factory, hospital, institution of similar building or location.
Private parking area. A privately owned parking area or structure available for use by the public and approved for enforcement pursuant to this article.
Private road means every road not open for the use of the public for purposes of vehicular traffic.
Public parking area. A publicly owned parking area or structure.
Shopping center means a minimum area of three (3) acres of land on which there is located one (1) or more stores or business establishments, and where there is provided a parking area.
(Ord. No. 90A, § 1, 9-4-79; Ord. No. C-173, § 1, 3-20-89; Ord. No. C-770, § 1, 1-28-13)
Cross reference— Definitions and rules of construction generally, § 1-2.
All parking areas must provide parking spaces specifically designated for handicappers in numbers to conform with the requirements of Section 2 of Act No. 1 of the Public Acts of Michigan of 1966 (MCL 125.1352), as amended, and the township zoning ordinance.
(Ord. No. 90A, § 2, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
For a parking area or a private road to become subject to the restrictions and requirements of this article, the owner or person in charge of the general operation and control of the parking area or private road shall make proper written request to the township. The township board shall then take such action as it deems necessary, including, but not limited to, the adoption of a traffic-control order for the parking area or private road.
(Ord. No. 90A, § 3, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
The cost of purchasing, erecting and maintaining any signs, markers, markings, signals or other devices for traffic regulation and control in parking areas or private roads shall be paid by the person, business or corporation requesting traffic regulation and control under this article. Such signs and devices shall be erected in conformity with the Michigan Manual of Uniform Traffic Control Devices.
(Ord. No. 90A, § 4, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
The following general restrictions and requirements shall apply in all parking areas and private roads which request enforcement under this article:
(1)
Speed restrictions. Any person driving a vehicle in a parking area or private road shall drive the same at a careful and prudent speed, neither greater than, nor less than is reasonable and proper, having due regard for the traffic, surface and any other conditions then existing. No person shall drive a vehicle in any parking area or private road at a speed greater than will permit him to bring it to a full stop within the assured clear distance ahead and in no event at a speed in excess of the posted limit.
(2)
Motor vehicle license requirements. Only motor vehicles licensed as such by the Michigan Department of State or any state with which Michigan has reciprocal licensing provisions for traveling on public highways of the state may be operated in a parking area or private road.
(3)
Operator's and driver's license requirements. Motor vehicles may be operated in parking areas or private roads only by a person possessing a valid operator's license or permit from the Michigan Department of State, or states with which Michigan has reciprocal licensing provisions.
(4)
Equipment requirements. Every motor vehicle operated in a parking area or private road shall be equipped with such equipment as would be required for the vehicle to be driven upon the streets of the township and the state, and as required pursuant to the township traffic code.
(5)
Unattended vehicle requirements. No person having control or charge of a motor vehicle shall allow such vehicle to be left unattended in a parking area or private road without effectively setting the brakes, stopping the engine and removing the ignition key.
(6)
Designated places for stopping, standing and parking. Places for stopping, standing and parking shall be clearly marked in all parking areas or private roads and no person shall stop, stand or park a motor vehicle other than within such marked places.
(7)
Right-of-way to moving traffic. A vehicle starting from a stopped position shall give moving vehicles the right-of-way before proceeding from the stopped position.
(8)
Pedestrian traffic right-of-way. Pedestrians shall have the right-of-way over all vehicle traffic except emergency vehicles.
(9)
Signs and devices, obedience to. Any person within a parking area or private road, whether the operator of a motor vehicle or a pedestrian, shall observe and obey all signs, markers, markings, signals or other devices governing the flow of traffic within the parking area or private road.
(10)
Vehicles for sale. No person shall sell or offer for sale any vehicle in any parking area or private road subject to this article without the express written consent of the owner of the parking area or private road.
(11)
Enforcement of the Uniform Traffic Code. No person operating or having control or charge of a motor vehicle on a private road or in a parking area shall violate any provision or provisions of the Uniform Traffic Code for Michigan Cities, Townships and Villages, as amended, being chapter 22 of the ordinances of the Charter Township of West Bloomfield.
(Ord. No. 90A, § 5, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
Upon investigation, and with the approval of the authorized representative of the private road, shopping center, business, factory, hospital, institution or other similar buildings or locations, the police department or the traffic safety engineer may recommend, and the township board may adopt, such specific traffic-control orders for an individual parking area to control traffic and parking as local conditions may require for the safety and convenience of the public or the users of the parking area or private road. Such traffic-control orders may:
(1)
Order stop signs, yield signs or other traffic-control devices erected at specified entrance or exit locations to a parking area or any intersection in the parking area or private road;
(2)
Regulate traffic in the parking area or private road, including regulation by means of traffic-control signals;
(3)
Prohibit or regulate the turning of vehicles or specified types of vehicles at intersections or other designated locations in the parking area or private road;
(4)
Regulate the crossing of any roadway in the parking area or private road by pedestrians;
(5)
Designate any separate roadway, drive or lane in the parking area or private road for one-way traffic;
(6)
Prohibit, regulate, restrict or limit the stopping, standing or parking of vehicles in specified areas of the parking area or private road;
(7)
Designate safety zones, loading zones and other restricted areas;
(8)
Provide for the removal and storage of vehicles parked or abandoned in the private road or parking area during snowstorms, floods, fires or other public emergencies or found unattended in the parking area or private road where they constitute an obstruction to traffic or where stopping, standing or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicle;
(9)
Adopt additional rules and regulations as may be required.
(Ord. No. 90A, § 6, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
If it shall appear that a traffic-control sign, signal or device conforming to the provisions of this article was erected or in place when an alleged violation of this article occurred, such showing shall be prima facie evidence of the existence of a lawful traffic-control order authorizing such traffic-control sign, signal or device, and it shall be unnecessary for the prosecution affirmatively to show the existence of a valid traffic-control order in such cases, unless and until such presumption is rebutted by competent evidence.
(Ord. No. 90A, § 7, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
A person who violates this article or any traffic-control orders promulgated pursuant to this article shall be processed and penalized in accordance with the parallel provisions of the Uniform Traffic Code for Michigan Cities, Townships and Villages, as amended, or the State Vehicle Code.
(Ord. No. 90A, § 8, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
(a)
Use limited. Use of an electric vehicle charging station or electric vehicle parking space located in a public parking area or private parking area, as defined herein, for the charging of an electric vehicle shall be limited to the maximum time specified on the sign as specified in the traffic control order.
(b)
Non-electric vehicle prohibited. Stopping, standing or parking of a non-electric vehicle in a space designated as an electric vehicle charging station or electric vehicle parking space, located in a public parking area or private parking area, as defined herein, is prohibited.
(c)
Charging. Stopping, standing or parking of an electric vehicle that is not charging in a space designated as an electric vehicle charging station or electric vehicle parking space, located in a public parking area or private parking area, as defined herein, is prohibited.
(d)
Sign required. Any parking space located in a public parking area or private parking area, as defined herein, that is designated as an electric vehicle charging station or electric vehicle parking space shall have a sign posted which includes: electric vehicle charging only; must specify the maximum charging time allowed; and parking of non-electric vehicles prohibited.
(e)
Penalty. The violation of any provision of this section is a civil infraction.
(Ord. No. C-770, § 2, 1-28-13)
The provisions of this article shall apply to all properties, lands and premises of the Bloomfield Hills Public School District and the West Bloomfield Public School District located in the township.
(Ord. No. 68, § 1, 12-6-71; Ord. No. 79, § 1, 6-18-73)
The Uniform Traffic Code, as amended, including all definitions, shall be applicable to and enforced on school property subject to this article.
The Board of Education of the Bloomfield Hills School District and the West Bloomfield School District may place and maintain upon district property such traffic-control devices not inconsistent with the provisions of this article as it shall deem necessary to indicate and carry out the provisions of this article or to regulate, warn or guide traffic. All such traffic-control devices hereafter erected shall conform to state specifications.
(Ord. No. 68, § 3, 12-6-71; Ord. No. 79, § 3, 6-18-73)
It shall be unlawful for any person to operate a motor vehicle at a speed in excess of fifteen (15) miles per hour on school district property. A person who violates this section is responsible for a civil infraction.
(Ord. No. 68, § 7, 12-6-71; Ord. No. 79, § 7, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
State Law reference— Speed restrictions, MCL 257.627 et seq., MSA 9.2327 et seq.
Any person driving a vehicle upon school district property shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper having due regard to the traffic, surface and width of the roadway and of other conditions then existing, and no person shall drive any vehicle upon a roadway at a speed greater than will permit him to bring it to a stop within the assured, clear distance ahead. A person who violates this section is responsible for a civil infraction.
(Ord. No. 68, § 8, 12-6-71; Ord. No. 79, § 8, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
State Law reference— Similar provisions, MCL 257.627(1), MSA 9.2327(1).
A motor vehicle not licensed as such by the Michigan Department of State or any states with which Michigan has reciprocal licensing provisions for travel on the public highways of the state may not be operated on properties belonging to the school district without the express written permission of the school district. A person who violates this section is guilty of a misdemeanor.
(Ord. No. 68, § 13, 12-6-71; Ord. No. 79, § 13, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
Motor vehicles other than school district vehicles shall be operated only upon roadways, driveways or parking lots designed for vehicular traffic unless express written approval for operation elsewhere is obtained from the school district. A person who violates this section is guilty of a misdemeanor.
(Ord. No. 68, § 15, 12-6-71; Ord. No. 79, § 15, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
(a)
No person shall park a vehicle in any of the following places:
(1)
On a sidewalk;
(2)
In front of any driveway;
(3)
Within an intersection;
(4)
Within fifteen (15) feet of a fire hydrant or the entrance to an instructional building;
(5)
On a designated crosswalk;
(6)
At any place at any time when official signs prohibit parking;
(7)
At any place where parking is permitted for specific purposes unless the occupants of the vehicle are complying with the requirements of the permitted uses;
(8)
On more than one (1) designated parking space;
(9)
On any grass or otherwise landscaped area;
(10)
On a playground or playing field.
(b)
A person who violates this section is responsible for a civil infraction.
(Ord. No. 68, § 16, 12-6-71; Ord. No. 79, § 16, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
State Law reference— Similar provisions, MCL 257.674(1), MSA 9.2374(1).
Citations or notices for the violation of section 22-53 above may be issued and served by any of the following persons:
(1)
A police officer; or
(2)
Any outdoor parking lot security person authorized in writing to issue parking violation notices or citations by the principal of the West Bloomfield Public High School or his/her designee.
(Ord. No. 79-B, § 1(16A), 8-3-87)
Whenever any police officer finds a vehicle standing or parked upon school district property in violation of the provisions of this article, such officer is hereby authorized to remove the vehicle, or require the driver or other person in charge of the vehicle to move the same from the prohibited area. The necessary costs for removal of any vehicle to the nearest garage or place of safety shall become a lien upon the vehicle and the person into whose custody the vehicle is given may retain it until the expenses have been paid.
(Ord. No. 68, § 18, 12-6-71; Ord. No. 79, § 18, 6-18-73)
Public Act 120 of 2002, MCL 769.1f(8), authorizes a local unit of government to elect to be reimbursed for expenses incurred by a local unit of government in relation to a conviction of certain crimes. Such expenses include salaries or wages of law enforcement, fire department, emergency medical service personnel, costs of medical supplies and costs of prosecution personnel for time spent investigating and prosecuting the crime resulting in a conviction. The township has determined that such expenses are significant. The township faces greater operational and financial burdens caused by persons who violate such laws. The purpose of this article is to adopt by reference Public Act 120 of 2002, MCL 769.1f, pursuant to the Charter Township Act, Act 359 of 1947, MCL 42.23, to authorize the court to order the defendant, upon conviction of one (1) of the enumerated crimes, to reimburse the township for such expenses.
(Ord. No. C-171-C, § 1, 4-6-09)
The Township of West Bloomfield hereby adopts by reference and incorporate herein, Public Act 120 of 2002, MCL 769.1f in its entirety, as amended now or in the future, and pursuant to all provisions therein, the court may order the person convicted of any of the offenses listed in Public Act 120 of 2002, MCL 769.1f, to reimburse the Township of West Bloomfield for expenses incurred in relation to that incident.
(Ord. No. C-171-C, § 1, 4-6-09)
Pursuant to section 8395 of the Revised Judicature Act, State of Michigan, as amended by Public Act 67 of 1979, being MCL 600.8395 and Public Act 74 of 1984, as amended, being MCL 257.742, the parking violations bureau is hereby established for the Charter Township of West Bloomfield. The parking violations bureau shall be under the supervision and control of the chief of police.
(Ord. No. C-399, § 1, 6-21-93)
The chief of police shall, subject to the approval of the township board, establish a convenient location for the parking violations bureau and adopt rules and regulations for the operation thereof.
(Ord. No. C-399, § 1, 6-21-93)
As used in this article:
Parking violations bureau means the bureau established by this article for the processing of all civil infractions involving the parking or standing of a motor vehicle within the Charter Township of West Bloomfield.
Parking violations notice means a notice, other than a citation, directing a person to appear at the parking violations bureau and to pay the fines and cost, if any, prescribed by the ordinances of the Charter Township of West Bloomfield for the parking or standing of a motor vehicle in violation of such ordinances.
(Ord. No. C-399, § 1, 6-21-93)
In a civil infraction involving the parking or standing of a motor vehicle, a copy of the parking violation notice need not be served personally upon the defendant but may be served upon the registered owner of the motor vehicle by attaching the copy to the vehicle. Such parking violation notice may be issued by either a police officer of the township or by any other duly authorized township employee.
(Ord. No. C-399, § 1, 6-21-93)
The issuance of the parking violation notice shall be deemed an allegation of a parking violation. Such parking violation notice shall set forth the nature of the offense and the date, time and location of the offense. In addition, the parking violation notice shall also indicate the length of time in which the person to whom the same was issued must respond before the parking violations bureau. It shall also indicate the address of the bureau, the hours during which the bureau is opened, the amount of the penalty scheduled for the offense for which the parking violation notice was issued and advise that a civil infraction citation will be sought if such a person fails to respond within the time limited.
(Ord. No. C-399, § 1, 6-21-93)
No violation may be settled at the parking violations bureau except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denied having committed the offense, and in no case shall the person who is in charge of the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to such alleged violation. No person shall be required to dispose of a parking violation at the parking violations bureau and all persons shall be entitled to have such violation processed before a court having jurisdiction thereof if they so desire. The unwillingness of any person to dispose of any violation at the parking violations bureau shall not prejudice him/her or in any way diminish the rights, privileges and protections accorded to him/her by law.
(Ord. No. C-399, § 1, 6-21-93)
If a parking violation notice is attached to a motor vehicle, and if an admission of responsibility is not made and the civil fines and cost, if any, for the violation are not paid at the parking violations bureau, a citation may be filed with the court having competent jurisdiction thereof and a copy of the citation may be served by first class mail upon the registered owner of the vehicle at the owner's last known address. The citation shall consist of a sworn complaint containing the allegations stated in the parking violation notice and shall fairly inform the defendant how to respond to the citation. Thereafter, the citation for the parking or standing violation shall be processed in the same manner as provided in Public Act 510 of 1978, as amended.
(Ord. No. C-399, § 1, 6-21-93)
The amount of such fines for all parking and standing violations shall be established by resolution of the township board if such fine has not previously been established by ordinance.
(Ord. No. C-399, § 1, 6-21-93)
The Motor Carrier Safety Act of 1963, Act 181 of Public Acts of 1963, as amended by Public Act 1984 No. 12, as amended by Public Act 1988 Nos. 353 and 360, as amended by Public Act 1990 No. 339, as amended by Public Act 1992 No. 126, as amended by Public Act 2000 No. 98, being MCL 480.11 to 480.22 is hereby adopted by citation pursuant to MCL 42.23.
(Ord. No. C-484, § 1, 1-22-96; Ord. No. C-171-A, § 1, 9-18-00)
Any person, corporation or partnership or other legal entity who violates the provisions of section 7c and/or 7d of the Motor Carrier Safety Act shall be guilty of a misdemeanor and may be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety (90) days, or both, at the discretion of the court. Any person, corporation or partnership or other legal entity who violates the provisions of section 7b of the Motor Carrier Safety Act shall be subject to civil fine of not more than three hundred dollars ($300.00) for each violation. Any person, corporation or partnership or other legal entity who violates any other provision of the Motor Carrier Safety Act shall be subject to a civil fine of not more than two hundred fifty dollars ($250.00). Every act or violation and every day upon which a violation may occur shall be considered a separate offense.
(Ord. No. C-484-A, § 3, 9-18-00)
By the adoption of this article the township board finds and determines that the uncontrolled operation of motorcycles has become a public nuisance within the township due to loud and raucous noises, noxious odors, excessive dust, dangerous to the health and safety of persons within the township and to property located therein and the use of such vehicles on private property without the consent of the owners thereof, and on public property without the consent of the public bodies having jurisdiction. The township board further finds that this article controlling the use of such vehicles is necessary to prevent nuisance conditions detrimental to the safety, health and general welfare of the public.
(Ord. No. 81, § 1, 8-6-73)
(a)
The word "motorcycle" as used in this article means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. The term shall not include tractors, motor-powered lawnmowers, special mobile equipment as defined in the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.), or similar vehicles.
(b)
All definitions which appear in the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.) shall be applicable to such terms when used in this article.
(Ord. No. 81, § 2, 8-6-73; Ord. No. 81-A, 3-1-76)
Cross reference— Definitions and rules of construction generally, § 1-2.
No motorcycles shall be operated upon the streets and highways of the township or other areas open to public motor vehicle travel except in accordance with the Uniform Traffic Code (section 22-11 of this Code), and the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.).
(Ord. No. 81, § 3.01, 8-6-73)
No motorcycles shall be operated in any area open to the public for the parking of motor vehicles except for the sole purpose of normal ingress and egress into such parking facilities.
(Ord. No. 81, § 3.02, 8-6-73)
No motorcycles shall be operated upon property owned by the township, by a public school district, by a community college or by a library other than areas designated for the parking of motor vehicles, except in accordance with the rules and regulations established for such property by the public body having jurisdiction.
(Ord. No. 81, § 3.03, 8-6-73)
No motorcycle shall be operated upon any private property not open to the public for the operation of motor vehicles except by the owner thereof, members of his immediate family, and persons lawfully residing upon the premises without the express written permission of the owner. The written permission shall identify the property for which permission is granted, the person to whom permission is granted, and his address, the owner of the property and the duration of the permission. The written permit shall be carried upon the person of the permittee and shall be displayed to any law enforcement officer of the township upon request. No such written permission shall be required if the permittee is accompanied by the owner, a member of his immediate family, or a person lawfully residing upon the property nor shall such written permit be required where the operation of the motorcycle upon the property is solely for normal ingress and egress to and from a residence, a commercial establishment or other occupancy of the property.
(Ord. No. 81, § 3.04, 8-6-73)
No motorcycle shall be operated upon any private property within the township unless such operation is in accordance with a principal use permitted on such property by the township zoning ordinance or is an accessory use normally incidental to a permitted principal use then in existence upon the property.
(Ord. No. 81, § 3.05, 8-6-73)
No person shall operate a motorcycle in the township in such a manner as to create excessive, unusual or unnecessary noise. Every motorcycle so operated shall be equipped with an efficient muffler which will ensure noise levels comparable to that of a private passenger automobile. No person shall remove, destroy or damage any or all of the baffles contained in such muffler, nor shall any person use a muffler cutout, bypass or similar device upon a motorcycle. Racing motorcycle engines, or repeated acceleration and deceleration of motorcycle engines except in the course of maintenance of such engines is hereby deemed to be excessive, unusual and unnecessary noise. Abrupt or violent acceleration of a motorcycle, including acceleration which causes the front wheel of the motorcycle to lose contact with the ground, shall be deemed to create excessive, unusual or unnecessary noise.
(Ord. No. 81, § 3.06, 8-6-73; Ord. No. 81-A, 3-1-76)
No person shall operate a motorcycle on the streets of any subdivision except for the purpose of gaining ingress or egress to premises located within the subdivision or for through traffic through the subdivision. It is the intention of this section to regulate, restrict and minimize the use of subdivision streets for the recreational use of motorcycles.
(Ord. No. 81, § 3.07, 8-6-73)
No person shall operate a motorcycle on public or private property while under the influence of alcoholic liquor or controlled substances or when, due to consumption of alcoholic liquor or controlled substances he has visibly impaired his ability to operate the vehicle or in willful or wanton disregard for the safety of persons, including himself, or property, or in a careless or negligent manner likely to endanger any person or property, in a speed or acceleration contest or for the purpose of making a speed record, whether from a standing start or otherwise over a measured or unmeasured distance, or in a drag race as defined in the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.).
(Ord. No. 81, § 3.08, 8-6-73)
State Law reference— Driving while intoxicated, MCL 257.625 et seq., MSA 9.2325 et seq.; drag racing, MCL 257.626a, MSA 9.2326(1); careless or negligent driving, MCL 257.626b, MSA 9.2326(2).
The engine and power mechanism of every motorcycle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(Ord. No. 81, § 3.09, 8-6-73; Ord. No. 81-A, 3-1-76)
(a)
Violation of this article is declared to be a nuisance and may be abated by a law enforcement officer of the township by impoundment of the motorcycle involved by removal to the motor vehicle pound or other place so designated by the township to be returned as provided in this section.
(b)
Before the owner or person in charge of such motor vehicles shall be permitted to remove the same from the motor vehicle pound he shall furnish evidence of his identity and ownership, he shall sign a receipt, and he shall pay a fee of ten dollars ($10.00) to cover the cost of removal if any plus the cost of storage as established for the motor vehicle pound or other place so designated by resolution of the township board.
(c)
Violation of this article is hereby declared to be a misdemeanor.
(Ord. No. 81, § 4, 8-6-73)
The term "used car lot" as used in this article shall be construed to mean any place where used motor vehicles, as defined by the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.), are displayed and offered for sale in the open.
(Ord. No. 15A, § 1, 4-16-79)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Motor vehicle defined, MCL 257.33, MSA 9.1833.
Every licensee under this article shall conform to all laws and regulations provided by the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.), and other federal, state and local statutes, laws, ordinances and regulations.
(Ord. No. 15A, § 6, 4-16-79)
State Law reference— Michigan vehicle code, MCL 257.1 et seq., MSA 9.1801 et seq.
Every licensee under this article shall keep the licensed premises in a clean and sanitary condition and shall not allow the accumulation on the premises of wornout, broken or replaced automobile parts or equipment. The licensee shall at all times keep the premises in a neat and orderly condition so as not to detract from the value of adjoining premises or to become a nuisance to other persons in the neighborhood.
(Ord. No. 15A, § 7, 4-16-79)
No licensee under this article shall paint, overhaul or repair any automobile on the licensed premises, unless the work is done in a building provided for that purpose and approved by the proper authorities.
(Ord. No. 15A, § 8, 4-16-79)
No person shall engage in the operation of a used car lot or sell used cars in a place open to the general public, including a place designated for the parking of motor vehicles, in the township, without first having obtained a license from the township, as provided in this division.
(Ord. No. 15A, § 2, 4-16-79)
The application for a license to operate a used car lot or to sell any used car or cars shall be made by the owner thereof or his authorized agent, upon a form to be furnished by the township. The application shall contain:
(1)
The full name, age and residence of the owner of the used car lot or the vehicle or vehicles to be sold;
(2)
The site upon which such business or sale is to be conducted;
(3)
The date of the dealer's license from the Secretary of State authorizing the conduct of a business in used automobiles, if applicable.
The application shall be subscribed and sworn to by the applicant and filed with the township clerk who shall forward the application to the township board.
(Ord. No. 15A, § 3, 4-16-79)
The township board shall adopt rules and regulations for the issuance of the required license for used car lots and used car sales, which requirement shall be met by the applicant before a license shall be issued.
(Ord. No. 15A, § 4, 4-16-79)
A license fee shall be set by the township board by resolution for each site or lot used by any person as a used car lot, which shall be paid before a license shall be issued. The township board shall also set by resolution the fee for a used car sales license.
(Ord. No. 15A, § 5, 4-16-79)
TRAFFIC AND MOTOR VEHICLES
Editor's note— Ord. No. C-649, § 1, adopted Sept. 22, 2003, repealed art. II, §§ 22-11, 22-12, in its entirety. Former art. II pertained to similar subject matter and derived from Ord. No. 63A, § 84, adopted June 3, 1974; Ord. No. 113, §§ 1, 3, adopted Oct. 19, 1981; Ord. No. 113-A, adopted Apr. 7, 1983; Ord. No. 113-B, § 1, adopted Aug. 19, 1985; Ord. No. 113-C, § 1, adopted Feb. 2, 1987; Ord. No. C-172, § 1, adopted Mar. 6, 1989; Ord. No. C-228, §§ 1, 2, adopted Sept. 5, 1989; Ord. No. C-328, §§ 1—3, adopted Aug. 19, 1991; Ord. No. C-342, § 1, adopted Dec. 16, 1991; Ord. No. C-381, § 1, adopted Dec. 16, 1992; Ord. No. C-439, § 1, adopted Dec. 12, 1994; Ord. No. C-381-A, § 1, adopted Jan. 23, 1995; Ord. No. C-381-B, § 1, adopted July 24, 1995; Ord. No. C-381-C, § 1, adopted Mar. 27, 1997; Ord. No. C-381-D, § 1, adopted Dec. 15, 1997; Ord. No. C-381-E, § 1, adopted Oct. 14, 1998; Ord. No. C-381-F, § 1, adopted Oct. 14, 1998; Ord. No. C-568-A, § 1, adopted Oct. 4, 1999; Ord. No. C-568-B, § 1, adopted Oct. 4, 1999; Ord. No. C-568-C, § 1, adopted Oct. 4, 1999; Ord. No. C-586, § 1, adopted May 15, 2000; Ord. No. C-568-D, § 1, adopted Sept. 18, 2000. Ord. No. C-650, §§ 1—3, adopted Sept. 22, 2003, enacted new provisions to read as herein set out.
Cross reference— Snowmobiles in community parks, § 16-18.
State Law reference— Authority to adopt Uniform Traffic Code, MCL 257.951 et seq.
Cross reference— Maintenance of parking areas in shopping centers, § 8-219.
State Law reference— Traffic control in shopping center parking lots, MCL 257.941 et seq.
State Law reference— Operation of motor vehicles on school district property in municipalities, MCL 257.961, MSA 9.2660.
Editor's note— Ord. No. C-171-C, § 1, adopted Apr. 6, 2009, amended art. VII in its entirety to read as herein set out. Former art. VII §§ 22-120—22-123, pertained to similar subject matter and derived from Ord. No. C-171, § 1, adopted Feb. 21, 1989; and Ord. No. C-171-A, § 1, adopted Dec. 4, 2000.
Cross reference— Police, Ch. 18.
Editor's note— Ord. No. C-484, adopted Jan. 22, 1996, amended the Code of Ordinances by adding provisions designated as Art. VIII of Ch. 22, § 22-130. Inasmuch as Ch. 22, already contained an Art. VIII, the editor has redesignated these new provisions as Art. IX, § 22-140.
Editor's note— Ord. No. C-649, § 1, adopted Sept. 22, 2003, repealed art. I, § 22-1, in its entirety. Former § 22-1 pertained to persons operating certain group vehicles; license designation; application of section; licenses for class 1, 2, or 3 endorsements and derived from Ord. No. C-317, § 1, adopted June 17, 1991.
Editor's note— Ord. No. C-649, § 1, adopted Sept. 22, 2003, repealed art. I, § 22-2, in its entirety. Former § 22-2 pertained to definitions of terms used in subsections 22-1(a) through (g) and derived from Ord. No. C-317, § 1, adopted June 17, 1991.
The Uniform Traffic Code for Michigan 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 Public Act 306, as amended (MCL 24.201 et seq.) and made effective October 30, 2002, is hereby adopted by reference. All references in said Uniform Traffic Code to a "governmental unit" shall mean the Charter Township of West Bloomfield.
(Ord. No. C-650, § 1, 9-22-03)
(1)
The Michigan Vehicle Code, being Act 300 of the Public Acts of 1949, (MCL 257.1 et seq.) as amended now and in the future, is hereby adopted by reference as an ordinance of the township.
(2)
Where necessary to the enforcement of the Michigan Vehicle Code or the collection of fines, costs and penalties for violations as a Township Ordinance, references in the Michigan Vehicle Code to "local authorities", "local authority" or "authority having jurisdiction" shall mean the township board; references to "municipality" and "township" shall mean the township; and references to "local ordinances" shall mean the ordinances of the township.
(3)
Printed copies of the Michigan Vehicle Code shall be kept on file in the office of the township clerk and made available for inspection by or distribution to the public at all times the office is open. The township may charge a fee that does not exceed the actual cost for making and distributing copies of or from the Michigan Vehicle Code.
(Ord. No. C-650, § 2, 9-22-03; Ord. No. C-650-A, § 1, 6-20-05)
The off-road vehicle regulations in Part 811 of the Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended (MCL 324.81101 et seq.), and snowmobile regulations in Part 821 of that Act, (MCL 324.82101 et seq.), are hereby adopted by reference as ordinances of the township.
(Ord. No. C-650, § 3, 9-22-03; Ord. No. C-650-A, § 1, 6-20-05)
The Uniform Traffic Code, Michigan Vehicle Code and off-road vehicle and snowmobile regulations adopted in this article shall be applicable to and enforced on all property owned and/or controlled by the township or any of its boards or commissions.
(Ord. No. C-650-A, § 1, 6-20-05)
Violations of any code or regulation adopted in this article for which the maximum period of imprisonment is greater than ninety-three (93) days shall not be enforced by the township as an ordinance violation; provided, however, a violation of section MCL 257.625(1)(c), which the township hereby adopts by reference and in conformity with section 22-12 of the Township Code of Ordinances, shall constitute a misdemeanor punishable by one (1) or more of the following: Community service for not more than three hundred sixty (360) hours, imprisonment for not more than one hundred eighty (180) days, and a fine of not less than two hundred dollars ($200.00) or more than seven hundred dollars ($700.00).
(Ord. No. C-650-A, § 1, 6-20-05; Ord. No. C-759, § 1, 5-14-12)
The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:
Charging. When an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
Electric vehicle. Any motor vehicle that is licensed and registered for operation on a public or private highway, road or street that relies either partially or exclusively on electrical energy from a grid, or an off-board source that is stored on-board via a battery for motive purpose. Electric vehicle includes battery electric vehicles and plug-in hybrid electric vehicles.
Electric vehicle charging station. A parking space that is served by battery charging equipment that has as its primary purpose the transfer of electric energy, by conductive or inductive means, to a battery or other energy storage device in an electric vehicle.
Electric vehicle parking space. A parking space that is designated and marked for the parking of electric vehicles only.
Non-electric vehicle. Any motor vehicle that does not meet the definition of electric vehicle.
Parking area means an area used by the public as a means of access to and egress from, and for the free parking of motor vehicles by patrons of a shopping center, business, factory, hospital, institution of similar building or location.
Private parking area. A privately owned parking area or structure available for use by the public and approved for enforcement pursuant to this article.
Private road means every road not open for the use of the public for purposes of vehicular traffic.
Public parking area. A publicly owned parking area or structure.
Shopping center means a minimum area of three (3) acres of land on which there is located one (1) or more stores or business establishments, and where there is provided a parking area.
(Ord. No. 90A, § 1, 9-4-79; Ord. No. C-173, § 1, 3-20-89; Ord. No. C-770, § 1, 1-28-13)
Cross reference— Definitions and rules of construction generally, § 1-2.
All parking areas must provide parking spaces specifically designated for handicappers in numbers to conform with the requirements of Section 2 of Act No. 1 of the Public Acts of Michigan of 1966 (MCL 125.1352), as amended, and the township zoning ordinance.
(Ord. No. 90A, § 2, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
For a parking area or a private road to become subject to the restrictions and requirements of this article, the owner or person in charge of the general operation and control of the parking area or private road shall make proper written request to the township. The township board shall then take such action as it deems necessary, including, but not limited to, the adoption of a traffic-control order for the parking area or private road.
(Ord. No. 90A, § 3, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
The cost of purchasing, erecting and maintaining any signs, markers, markings, signals or other devices for traffic regulation and control in parking areas or private roads shall be paid by the person, business or corporation requesting traffic regulation and control under this article. Such signs and devices shall be erected in conformity with the Michigan Manual of Uniform Traffic Control Devices.
(Ord. No. 90A, § 4, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
The following general restrictions and requirements shall apply in all parking areas and private roads which request enforcement under this article:
(1)
Speed restrictions. Any person driving a vehicle in a parking area or private road shall drive the same at a careful and prudent speed, neither greater than, nor less than is reasonable and proper, having due regard for the traffic, surface and any other conditions then existing. No person shall drive a vehicle in any parking area or private road at a speed greater than will permit him to bring it to a full stop within the assured clear distance ahead and in no event at a speed in excess of the posted limit.
(2)
Motor vehicle license requirements. Only motor vehicles licensed as such by the Michigan Department of State or any state with which Michigan has reciprocal licensing provisions for traveling on public highways of the state may be operated in a parking area or private road.
(3)
Operator's and driver's license requirements. Motor vehicles may be operated in parking areas or private roads only by a person possessing a valid operator's license or permit from the Michigan Department of State, or states with which Michigan has reciprocal licensing provisions.
(4)
Equipment requirements. Every motor vehicle operated in a parking area or private road shall be equipped with such equipment as would be required for the vehicle to be driven upon the streets of the township and the state, and as required pursuant to the township traffic code.
(5)
Unattended vehicle requirements. No person having control or charge of a motor vehicle shall allow such vehicle to be left unattended in a parking area or private road without effectively setting the brakes, stopping the engine and removing the ignition key.
(6)
Designated places for stopping, standing and parking. Places for stopping, standing and parking shall be clearly marked in all parking areas or private roads and no person shall stop, stand or park a motor vehicle other than within such marked places.
(7)
Right-of-way to moving traffic. A vehicle starting from a stopped position shall give moving vehicles the right-of-way before proceeding from the stopped position.
(8)
Pedestrian traffic right-of-way. Pedestrians shall have the right-of-way over all vehicle traffic except emergency vehicles.
(9)
Signs and devices, obedience to. Any person within a parking area or private road, whether the operator of a motor vehicle or a pedestrian, shall observe and obey all signs, markers, markings, signals or other devices governing the flow of traffic within the parking area or private road.
(10)
Vehicles for sale. No person shall sell or offer for sale any vehicle in any parking area or private road subject to this article without the express written consent of the owner of the parking area or private road.
(11)
Enforcement of the Uniform Traffic Code. No person operating or having control or charge of a motor vehicle on a private road or in a parking area shall violate any provision or provisions of the Uniform Traffic Code for Michigan Cities, Townships and Villages, as amended, being chapter 22 of the ordinances of the Charter Township of West Bloomfield.
(Ord. No. 90A, § 5, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
Upon investigation, and with the approval of the authorized representative of the private road, shopping center, business, factory, hospital, institution or other similar buildings or locations, the police department or the traffic safety engineer may recommend, and the township board may adopt, such specific traffic-control orders for an individual parking area to control traffic and parking as local conditions may require for the safety and convenience of the public or the users of the parking area or private road. Such traffic-control orders may:
(1)
Order stop signs, yield signs or other traffic-control devices erected at specified entrance or exit locations to a parking area or any intersection in the parking area or private road;
(2)
Regulate traffic in the parking area or private road, including regulation by means of traffic-control signals;
(3)
Prohibit or regulate the turning of vehicles or specified types of vehicles at intersections or other designated locations in the parking area or private road;
(4)
Regulate the crossing of any roadway in the parking area or private road by pedestrians;
(5)
Designate any separate roadway, drive or lane in the parking area or private road for one-way traffic;
(6)
Prohibit, regulate, restrict or limit the stopping, standing or parking of vehicles in specified areas of the parking area or private road;
(7)
Designate safety zones, loading zones and other restricted areas;
(8)
Provide for the removal and storage of vehicles parked or abandoned in the private road or parking area during snowstorms, floods, fires or other public emergencies or found unattended in the parking area or private road where they constitute an obstruction to traffic or where stopping, standing or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicle;
(9)
Adopt additional rules and regulations as may be required.
(Ord. No. 90A, § 6, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
If it shall appear that a traffic-control sign, signal or device conforming to the provisions of this article was erected or in place when an alleged violation of this article occurred, such showing shall be prima facie evidence of the existence of a lawful traffic-control order authorizing such traffic-control sign, signal or device, and it shall be unnecessary for the prosecution affirmatively to show the existence of a valid traffic-control order in such cases, unless and until such presumption is rebutted by competent evidence.
(Ord. No. 90A, § 7, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
A person who violates this article or any traffic-control orders promulgated pursuant to this article shall be processed and penalized in accordance with the parallel provisions of the Uniform Traffic Code for Michigan Cities, Townships and Villages, as amended, or the State Vehicle Code.
(Ord. No. 90A, § 8, 9-4-79; Ord. No. C-173, § 1, 3-20-89)
(a)
Use limited. Use of an electric vehicle charging station or electric vehicle parking space located in a public parking area or private parking area, as defined herein, for the charging of an electric vehicle shall be limited to the maximum time specified on the sign as specified in the traffic control order.
(b)
Non-electric vehicle prohibited. Stopping, standing or parking of a non-electric vehicle in a space designated as an electric vehicle charging station or electric vehicle parking space, located in a public parking area or private parking area, as defined herein, is prohibited.
(c)
Charging. Stopping, standing or parking of an electric vehicle that is not charging in a space designated as an electric vehicle charging station or electric vehicle parking space, located in a public parking area or private parking area, as defined herein, is prohibited.
(d)
Sign required. Any parking space located in a public parking area or private parking area, as defined herein, that is designated as an electric vehicle charging station or electric vehicle parking space shall have a sign posted which includes: electric vehicle charging only; must specify the maximum charging time allowed; and parking of non-electric vehicles prohibited.
(e)
Penalty. The violation of any provision of this section is a civil infraction.
(Ord. No. C-770, § 2, 1-28-13)
The provisions of this article shall apply to all properties, lands and premises of the Bloomfield Hills Public School District and the West Bloomfield Public School District located in the township.
(Ord. No. 68, § 1, 12-6-71; Ord. No. 79, § 1, 6-18-73)
The Uniform Traffic Code, as amended, including all definitions, shall be applicable to and enforced on school property subject to this article.
The Board of Education of the Bloomfield Hills School District and the West Bloomfield School District may place and maintain upon district property such traffic-control devices not inconsistent with the provisions of this article as it shall deem necessary to indicate and carry out the provisions of this article or to regulate, warn or guide traffic. All such traffic-control devices hereafter erected shall conform to state specifications.
(Ord. No. 68, § 3, 12-6-71; Ord. No. 79, § 3, 6-18-73)
It shall be unlawful for any person to operate a motor vehicle at a speed in excess of fifteen (15) miles per hour on school district property. A person who violates this section is responsible for a civil infraction.
(Ord. No. 68, § 7, 12-6-71; Ord. No. 79, § 7, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
State Law reference— Speed restrictions, MCL 257.627 et seq., MSA 9.2327 et seq.
Any person driving a vehicle upon school district property shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper having due regard to the traffic, surface and width of the roadway and of other conditions then existing, and no person shall drive any vehicle upon a roadway at a speed greater than will permit him to bring it to a stop within the assured, clear distance ahead. A person who violates this section is responsible for a civil infraction.
(Ord. No. 68, § 8, 12-6-71; Ord. No. 79, § 8, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
State Law reference— Similar provisions, MCL 257.627(1), MSA 9.2327(1).
A motor vehicle not licensed as such by the Michigan Department of State or any states with which Michigan has reciprocal licensing provisions for travel on the public highways of the state may not be operated on properties belonging to the school district without the express written permission of the school district. A person who violates this section is guilty of a misdemeanor.
(Ord. No. 68, § 13, 12-6-71; Ord. No. 79, § 13, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
Motor vehicles other than school district vehicles shall be operated only upon roadways, driveways or parking lots designed for vehicular traffic unless express written approval for operation elsewhere is obtained from the school district. A person who violates this section is guilty of a misdemeanor.
(Ord. No. 68, § 15, 12-6-71; Ord. No. 79, § 15, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
(a)
No person shall park a vehicle in any of the following places:
(1)
On a sidewalk;
(2)
In front of any driveway;
(3)
Within an intersection;
(4)
Within fifteen (15) feet of a fire hydrant or the entrance to an instructional building;
(5)
On a designated crosswalk;
(6)
At any place at any time when official signs prohibit parking;
(7)
At any place where parking is permitted for specific purposes unless the occupants of the vehicle are complying with the requirements of the permitted uses;
(8)
On more than one (1) designated parking space;
(9)
On any grass or otherwise landscaped area;
(10)
On a playground or playing field.
(b)
A person who violates this section is responsible for a civil infraction.
(Ord. No. 68, § 16, 12-6-71; Ord. No. 79, § 16, 6-18-73; Ord. No. 68-A, 2-22-83; Ord. No. 79-A, 2-22-83)
State Law reference— Similar provisions, MCL 257.674(1), MSA 9.2374(1).
Citations or notices for the violation of section 22-53 above may be issued and served by any of the following persons:
(1)
A police officer; or
(2)
Any outdoor parking lot security person authorized in writing to issue parking violation notices or citations by the principal of the West Bloomfield Public High School or his/her designee.
(Ord. No. 79-B, § 1(16A), 8-3-87)
Whenever any police officer finds a vehicle standing or parked upon school district property in violation of the provisions of this article, such officer is hereby authorized to remove the vehicle, or require the driver or other person in charge of the vehicle to move the same from the prohibited area. The necessary costs for removal of any vehicle to the nearest garage or place of safety shall become a lien upon the vehicle and the person into whose custody the vehicle is given may retain it until the expenses have been paid.
(Ord. No. 68, § 18, 12-6-71; Ord. No. 79, § 18, 6-18-73)
Public Act 120 of 2002, MCL 769.1f(8), authorizes a local unit of government to elect to be reimbursed for expenses incurred by a local unit of government in relation to a conviction of certain crimes. Such expenses include salaries or wages of law enforcement, fire department, emergency medical service personnel, costs of medical supplies and costs of prosecution personnel for time spent investigating and prosecuting the crime resulting in a conviction. The township has determined that such expenses are significant. The township faces greater operational and financial burdens caused by persons who violate such laws. The purpose of this article is to adopt by reference Public Act 120 of 2002, MCL 769.1f, pursuant to the Charter Township Act, Act 359 of 1947, MCL 42.23, to authorize the court to order the defendant, upon conviction of one (1) of the enumerated crimes, to reimburse the township for such expenses.
(Ord. No. C-171-C, § 1, 4-6-09)
The Township of West Bloomfield hereby adopts by reference and incorporate herein, Public Act 120 of 2002, MCL 769.1f in its entirety, as amended now or in the future, and pursuant to all provisions therein, the court may order the person convicted of any of the offenses listed in Public Act 120 of 2002, MCL 769.1f, to reimburse the Township of West Bloomfield for expenses incurred in relation to that incident.
(Ord. No. C-171-C, § 1, 4-6-09)
Pursuant to section 8395 of the Revised Judicature Act, State of Michigan, as amended by Public Act 67 of 1979, being MCL 600.8395 and Public Act 74 of 1984, as amended, being MCL 257.742, the parking violations bureau is hereby established for the Charter Township of West Bloomfield. The parking violations bureau shall be under the supervision and control of the chief of police.
(Ord. No. C-399, § 1, 6-21-93)
The chief of police shall, subject to the approval of the township board, establish a convenient location for the parking violations bureau and adopt rules and regulations for the operation thereof.
(Ord. No. C-399, § 1, 6-21-93)
As used in this article:
Parking violations bureau means the bureau established by this article for the processing of all civil infractions involving the parking or standing of a motor vehicle within the Charter Township of West Bloomfield.
Parking violations notice means a notice, other than a citation, directing a person to appear at the parking violations bureau and to pay the fines and cost, if any, prescribed by the ordinances of the Charter Township of West Bloomfield for the parking or standing of a motor vehicle in violation of such ordinances.
(Ord. No. C-399, § 1, 6-21-93)
In a civil infraction involving the parking or standing of a motor vehicle, a copy of the parking violation notice need not be served personally upon the defendant but may be served upon the registered owner of the motor vehicle by attaching the copy to the vehicle. Such parking violation notice may be issued by either a police officer of the township or by any other duly authorized township employee.
(Ord. No. C-399, § 1, 6-21-93)
The issuance of the parking violation notice shall be deemed an allegation of a parking violation. Such parking violation notice shall set forth the nature of the offense and the date, time and location of the offense. In addition, the parking violation notice shall also indicate the length of time in which the person to whom the same was issued must respond before the parking violations bureau. It shall also indicate the address of the bureau, the hours during which the bureau is opened, the amount of the penalty scheduled for the offense for which the parking violation notice was issued and advise that a civil infraction citation will be sought if such a person fails to respond within the time limited.
(Ord. No. C-399, § 1, 6-21-93)
No violation may be settled at the parking violations bureau except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denied having committed the offense, and in no case shall the person who is in charge of the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to such alleged violation. No person shall be required to dispose of a parking violation at the parking violations bureau and all persons shall be entitled to have such violation processed before a court having jurisdiction thereof if they so desire. The unwillingness of any person to dispose of any violation at the parking violations bureau shall not prejudice him/her or in any way diminish the rights, privileges and protections accorded to him/her by law.
(Ord. No. C-399, § 1, 6-21-93)
If a parking violation notice is attached to a motor vehicle, and if an admission of responsibility is not made and the civil fines and cost, if any, for the violation are not paid at the parking violations bureau, a citation may be filed with the court having competent jurisdiction thereof and a copy of the citation may be served by first class mail upon the registered owner of the vehicle at the owner's last known address. The citation shall consist of a sworn complaint containing the allegations stated in the parking violation notice and shall fairly inform the defendant how to respond to the citation. Thereafter, the citation for the parking or standing violation shall be processed in the same manner as provided in Public Act 510 of 1978, as amended.
(Ord. No. C-399, § 1, 6-21-93)
The amount of such fines for all parking and standing violations shall be established by resolution of the township board if such fine has not previously been established by ordinance.
(Ord. No. C-399, § 1, 6-21-93)
The Motor Carrier Safety Act of 1963, Act 181 of Public Acts of 1963, as amended by Public Act 1984 No. 12, as amended by Public Act 1988 Nos. 353 and 360, as amended by Public Act 1990 No. 339, as amended by Public Act 1992 No. 126, as amended by Public Act 2000 No. 98, being MCL 480.11 to 480.22 is hereby adopted by citation pursuant to MCL 42.23.
(Ord. No. C-484, § 1, 1-22-96; Ord. No. C-171-A, § 1, 9-18-00)
Any person, corporation or partnership or other legal entity who violates the provisions of section 7c and/or 7d of the Motor Carrier Safety Act shall be guilty of a misdemeanor and may be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety (90) days, or both, at the discretion of the court. Any person, corporation or partnership or other legal entity who violates the provisions of section 7b of the Motor Carrier Safety Act shall be subject to civil fine of not more than three hundred dollars ($300.00) for each violation. Any person, corporation or partnership or other legal entity who violates any other provision of the Motor Carrier Safety Act shall be subject to a civil fine of not more than two hundred fifty dollars ($250.00). Every act or violation and every day upon which a violation may occur shall be considered a separate offense.
(Ord. No. C-484-A, § 3, 9-18-00)
By the adoption of this article the township board finds and determines that the uncontrolled operation of motorcycles has become a public nuisance within the township due to loud and raucous noises, noxious odors, excessive dust, dangerous to the health and safety of persons within the township and to property located therein and the use of such vehicles on private property without the consent of the owners thereof, and on public property without the consent of the public bodies having jurisdiction. The township board further finds that this article controlling the use of such vehicles is necessary to prevent nuisance conditions detrimental to the safety, health and general welfare of the public.
(Ord. No. 81, § 1, 8-6-73)
(a)
The word "motorcycle" as used in this article means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. The term shall not include tractors, motor-powered lawnmowers, special mobile equipment as defined in the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.), or similar vehicles.
(b)
All definitions which appear in the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.) shall be applicable to such terms when used in this article.
(Ord. No. 81, § 2, 8-6-73; Ord. No. 81-A, 3-1-76)
Cross reference— Definitions and rules of construction generally, § 1-2.
No motorcycles shall be operated upon the streets and highways of the township or other areas open to public motor vehicle travel except in accordance with the Uniform Traffic Code (section 22-11 of this Code), and the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.).
(Ord. No. 81, § 3.01, 8-6-73)
No motorcycles shall be operated in any area open to the public for the parking of motor vehicles except for the sole purpose of normal ingress and egress into such parking facilities.
(Ord. No. 81, § 3.02, 8-6-73)
No motorcycles shall be operated upon property owned by the township, by a public school district, by a community college or by a library other than areas designated for the parking of motor vehicles, except in accordance with the rules and regulations established for such property by the public body having jurisdiction.
(Ord. No. 81, § 3.03, 8-6-73)
No motorcycle shall be operated upon any private property not open to the public for the operation of motor vehicles except by the owner thereof, members of his immediate family, and persons lawfully residing upon the premises without the express written permission of the owner. The written permission shall identify the property for which permission is granted, the person to whom permission is granted, and his address, the owner of the property and the duration of the permission. The written permit shall be carried upon the person of the permittee and shall be displayed to any law enforcement officer of the township upon request. No such written permission shall be required if the permittee is accompanied by the owner, a member of his immediate family, or a person lawfully residing upon the property nor shall such written permit be required where the operation of the motorcycle upon the property is solely for normal ingress and egress to and from a residence, a commercial establishment or other occupancy of the property.
(Ord. No. 81, § 3.04, 8-6-73)
No motorcycle shall be operated upon any private property within the township unless such operation is in accordance with a principal use permitted on such property by the township zoning ordinance or is an accessory use normally incidental to a permitted principal use then in existence upon the property.
(Ord. No. 81, § 3.05, 8-6-73)
No person shall operate a motorcycle in the township in such a manner as to create excessive, unusual or unnecessary noise. Every motorcycle so operated shall be equipped with an efficient muffler which will ensure noise levels comparable to that of a private passenger automobile. No person shall remove, destroy or damage any or all of the baffles contained in such muffler, nor shall any person use a muffler cutout, bypass or similar device upon a motorcycle. Racing motorcycle engines, or repeated acceleration and deceleration of motorcycle engines except in the course of maintenance of such engines is hereby deemed to be excessive, unusual and unnecessary noise. Abrupt or violent acceleration of a motorcycle, including acceleration which causes the front wheel of the motorcycle to lose contact with the ground, shall be deemed to create excessive, unusual or unnecessary noise.
(Ord. No. 81, § 3.06, 8-6-73; Ord. No. 81-A, 3-1-76)
No person shall operate a motorcycle on the streets of any subdivision except for the purpose of gaining ingress or egress to premises located within the subdivision or for through traffic through the subdivision. It is the intention of this section to regulate, restrict and minimize the use of subdivision streets for the recreational use of motorcycles.
(Ord. No. 81, § 3.07, 8-6-73)
No person shall operate a motorcycle on public or private property while under the influence of alcoholic liquor or controlled substances or when, due to consumption of alcoholic liquor or controlled substances he has visibly impaired his ability to operate the vehicle or in willful or wanton disregard for the safety of persons, including himself, or property, or in a careless or negligent manner likely to endanger any person or property, in a speed or acceleration contest or for the purpose of making a speed record, whether from a standing start or otherwise over a measured or unmeasured distance, or in a drag race as defined in the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.).
(Ord. No. 81, § 3.08, 8-6-73)
State Law reference— Driving while intoxicated, MCL 257.625 et seq., MSA 9.2325 et seq.; drag racing, MCL 257.626a, MSA 9.2326(1); careless or negligent driving, MCL 257.626b, MSA 9.2326(2).
The engine and power mechanism of every motorcycle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(Ord. No. 81, § 3.09, 8-6-73; Ord. No. 81-A, 3-1-76)
(a)
Violation of this article is declared to be a nuisance and may be abated by a law enforcement officer of the township by impoundment of the motorcycle involved by removal to the motor vehicle pound or other place so designated by the township to be returned as provided in this section.
(b)
Before the owner or person in charge of such motor vehicles shall be permitted to remove the same from the motor vehicle pound he shall furnish evidence of his identity and ownership, he shall sign a receipt, and he shall pay a fee of ten dollars ($10.00) to cover the cost of removal if any plus the cost of storage as established for the motor vehicle pound or other place so designated by resolution of the township board.
(c)
Violation of this article is hereby declared to be a misdemeanor.
(Ord. No. 81, § 4, 8-6-73)
The term "used car lot" as used in this article shall be construed to mean any place where used motor vehicles, as defined by the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.), are displayed and offered for sale in the open.
(Ord. No. 15A, § 1, 4-16-79)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Motor vehicle defined, MCL 257.33, MSA 9.1833.
Every licensee under this article shall conform to all laws and regulations provided by the Michigan Vehicle Code (MCL 257.1 et seq., MSA 9.1801 et seq.), and other federal, state and local statutes, laws, ordinances and regulations.
(Ord. No. 15A, § 6, 4-16-79)
State Law reference— Michigan vehicle code, MCL 257.1 et seq., MSA 9.1801 et seq.
Every licensee under this article shall keep the licensed premises in a clean and sanitary condition and shall not allow the accumulation on the premises of wornout, broken or replaced automobile parts or equipment. The licensee shall at all times keep the premises in a neat and orderly condition so as not to detract from the value of adjoining premises or to become a nuisance to other persons in the neighborhood.
(Ord. No. 15A, § 7, 4-16-79)
No licensee under this article shall paint, overhaul or repair any automobile on the licensed premises, unless the work is done in a building provided for that purpose and approved by the proper authorities.
(Ord. No. 15A, § 8, 4-16-79)
No person shall engage in the operation of a used car lot or sell used cars in a place open to the general public, including a place designated for the parking of motor vehicles, in the township, without first having obtained a license from the township, as provided in this division.
(Ord. No. 15A, § 2, 4-16-79)
The application for a license to operate a used car lot or to sell any used car or cars shall be made by the owner thereof or his authorized agent, upon a form to be furnished by the township. The application shall contain:
(1)
The full name, age and residence of the owner of the used car lot or the vehicle or vehicles to be sold;
(2)
The site upon which such business or sale is to be conducted;
(3)
The date of the dealer's license from the Secretary of State authorizing the conduct of a business in used automobiles, if applicable.
The application shall be subscribed and sworn to by the applicant and filed with the township clerk who shall forward the application to the township board.
(Ord. No. 15A, § 3, 4-16-79)
The township board shall adopt rules and regulations for the issuance of the required license for used car lots and used car sales, which requirement shall be met by the applicant before a license shall be issued.
(Ord. No. 15A, § 4, 4-16-79)
A license fee shall be set by the township board by resolution for each site or lot used by any person as a used car lot, which shall be paid before a license shall be issued. The township board shall also set by resolution the fee for a used car sales license.
(Ord. No. 15A, § 5, 4-16-79)