[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Editor's Note: This ordinance also repealed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.
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.
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.
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.
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.
[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.
[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.
