City of Rockwood, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rockwood 6-2-2004 by Ord. No. 420.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 28.
Parking Violations Bureau — See Ch. 156.
Vehicles and traffic — See Ch. 248.
[1]:
Editor's Note: This ordinance also repealed former Ch. 242, adopted 11-11-2002 by Ord. No. 411, as amended; formerly adopted as Ch. 410 of the 1989 Codified Ordinances.

§ 242-1 Adoption of the Motor Vehicle Code.

Pursuant to the provisions of Section 3 of the Home Rule Cities Act being M.C.L.A. 117.3, Section 1 and Sections 601 through 724 of the Michigan Vehicle Code (Act 300 of PA 1949, as amended, being M.C.L.A. 257.1 and 257.601 through 257.724), be and are hereby incorporated and adopted by reference as the Motor Vehicle Code of the City of Rockwood along with each and all of the rules and regulations, penalties, conditions and terms of the aforementioned sections of the Motor Vehicle Code. Said Motor Vehicle Code is hereby adopted by reference and made part of the Codified Ordinances of the City of Rockwood as if fully set forth in this chapter, including any amendments made to the Motor Vehicle Code by the state legislature as of this date or any amendments made any time hereafter in the future. References in the Michigan Vehicle Code to "local authorities" shall mean the City of Rockwood.

§ 242-2 Adoption of Motor Carrier Act of 1963.

Pursuant to the provisions of Section 3 of the Home Rule Cities Act, being M.C.L.A. 117.3, the City of Rockwood hereby incorporates and adopts by reference as the Motor Carrier Code of the City of Rockwood the provisions of the Motor Carrier Act of 1963 (Act 181 of PA 1963 as amended, being M.C.L.A. 480.11 through 480.22) including specifically those provisions of Title 49 of the Code of Federal Regulations, hazardous materials regulations, being 49 CFR Parts 100 through 180, and motor carrier regulations, being 49 CFR Part 382, Parts 390 through 393, Parts 395 through 397, and Part 399 including Appendices 1, D, and E, which are on file with the office of the Secretary of State and incorporated by the State into the Motor Carrier Act by M.C.L.A. 480.11a, along with each and all applicable rules and regulation, penalties, conditions and terms of the aforementioned sections of the Motor Carrier Act. Said Motor Carrier Act is hereby adopted by reference and made part of the Codified Ordinances of the City of Rockwood as if fully set forth in this chapter, including any amendments made to the Motor Carrier Act by the state Legislature as of this date or any amendments made at any time hereafter in the future. References to "local authorities" in the Motor Carrier Act shall mean the City of Rockwood in this chapter.

§ 242-3 Adoption of Uniform Traffic Code.

Pursuant to the provisions of Section 3 of the Home Rule Cities Act, being M.C.L.A. 117.3 and R28.905 of the Uniform Traffic Code, pursuant to the Administrative Procedures Act of 1969, (Act 306 of PA 1969, M.C.L.A. 24.201 to 24.328), the Uniform Traffic Code as promulgated by the Commission of the State Police, pursuant to Section 4 of the Motor Carrier Safety Act (M.C.L.A. § 480.14), be and is hereby incorporated and adopted by reference as an amendment to Chapter 242 of the Certified Ordinances of the City of Rockwood and each of the regulatory, penalties, conditions and terms of said Uniform Traffic Code are hereby adopted by reference and made part of the Certified Ordinances of the City of Rockwood as of fully set forth in this chapter, including any amendments made to the Uniform Traffic Code by the state legislature or State Police Commission as of this date or any time hereafter in the future. References in the Uniform Traffic Code for cites, townships and villages as a "governmental unit" shall mean the City of Rockwood in this chapter.

§ 242-4 Enforcing agency; enforcing officer.

A. 
Enforcing agency. The City of Rockwood hereby assumes responsibility for the administration and enforcement of the Motor Vehicle Code, the Uniform Traffic Code and the Motor Carrier Act in addition to any rules, regulations and amendments thereto within its corporate limits, and the City of Rockwood hereby designates its Police Department as the enforcing agency to discharge the responsibility of the City of Rockwood under the above-adopted codes as written and as may be amended.
B. 
Enforcing officer.
(1) 
All the provisions of the Motor Vehicle Code, the Uniform Traffic Code and Motor Carrier Act, as hereby adopted by reference, shall be enforced by any properly trained police officer of the Police Department.
(2) 
In addition, the Chief of Police may appoint, with approval of the City Council, a Motor Carrier Enforcement Officer to serve as a police officer with limited arrest powers, who shall have powers conferred upon peace officers for the purpose of enforcing federal laws adopted by the state, state law, and ordinances of the City of Rockwood governing motor carriers and commercial vehicles within the jurisdiction of the City of Rockwood. The Chief of Police may authorize officers of the Motor Carrier Enforcement Unit to carry a firearm.

§ 242-5 Adoption of amendments to the Motor Vehicle Code, Motor Carrier Act and the Uniform Traffic Code.

[Amended 5-7-2008 by Ord. No. 441]
The following amendments to the above codes are hereby adopted into the Codified Ordinances of the City of Rockwood:
A. 
Trespass by parking. No person shall park any motor vehicle on any private property without the express or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent or trustee of such property. Complaint for a violation of this section shall be made by the owner, holder, occupant, lessee, agent or trustee of such property.
B. 
Key removal. No person having control or charge of a motor vehicle shall permit it to stand unattended in any public place with the ignition key in the ignition lock of such vehicle, or with such key left elsewhere in such vehicle within the view of persons using such public place. However, this section shall not apply to commercial vehicles which are making deliveries or to vehicles which are being loaded or unloaded.
C. 
Incapacitated persons and war veterans. Persons exempted by the laws of the state or by the laws of the United States from depositing coins in parking meters and from observing the time limits prescribed by local ordinances, and who have qualified as being so exempted, shall be relieved from the effect of this chapter to the extent that such exemption so entitles them.
D. 
Impeding traffic. No person shall operate, drive or park a motor vehicle upon the City streets, alleys or places in a manner that impedes or obstructs the free and orderly flow of vehicular or pedestrian traffic thereon. Leading or following other vehicles in an aimless, circular or continuous pattern on the public streets shall be deemed to be impeding the free and orderly flow of traffic.
E. 
Drive-in lots. No person shall drive a motor vehicle in and out of the premises of a drive-in establishment repeatedly and without patronizing the establishment or park on such premises for an unreasonable length of time without utilizing the services offered.
F. 
Distracted driving.
(1) 
A person commits distracted driving if, while operating a motor vehicle, that person commits a moving violation while dividing their attention from the safe operation of the vehicle by some action of the operator within the vehicle (divided attention).
(2) 
It shall be a rebuttable presumption that the causes of divided attention as referenced above shall include but not be limited to attending to personal hygiene, eating or drinking, reading, use of a cellular telephone or computer, physically attending to a passenger or pet, or observation of a video display.
(3) 
As used in this chapter, the term "motor vehicle" shall be defined as found in Section 33 of Act 300 of 1949 of the Michigan Vehicle Code, as amended, and shall include every vehicle contained in said act that in its definition is termed a motor vehicle.
(4) 
Distracted driving constitutes a civil infraction and shall be processed as same, and any person found to have committed a civil infraction may be ordered to pay a civil fine of not more than $500.

§ 242-6 General penalties and sanctions.

[Amended 10-10-2012 by Ord. No. 477]
A. 
The penalties provided by the Michigan Vehicle Code are adopted by reference, provided, however, that the City may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days.
B. 
Notwithstanding the foregoing, the City may enforce the provisions of § 625(1)(c) of the Michigan Vehicle Code and the punishment provided for the violation of same, as follows.
(1) 
Community service of not more than 360 hours.
(2) 
Imprisonment for not more than 180 days.
(3) 
A fine of not less than $200 or more than $700.