[Amended 3-20-2000 by Ord. No. 1699]
A.
When a public safety officer detains the driver of
a motor vehicle for a violation of a state law or City ordinance for
which vehicle immobilization is required, the public safety officer
shall do all of the following:
(1)
Immediately confiscate the vehicle's registration
plate and destroy it.
(2)
Issue a temporary vehicle registration plate for the
vehicle in the same form prescribed by the Secretary of State for
temporary registration plates issued under MCLA § 257.226a
or 257.226b.
(3)
Place the temporary vehicle registration plate on
the vehicle in the manner required by the Secretary of State.
(4)
Notify the Secretary of State through the Law Enforcement
Information Network in a form prescribed by the Secretary of State
that the registration plate was confiscated and destroyed, and a temporary
plate was issued.
B.
A temporary vehicle registration plate issued under
this section is valid until the charges against the persons are dismissed,
the person pleads guilty or nolo contendere to those charges, or the
person is found guilty of or is acquitted of those charges.
C.
A court shall order a vehicle immobilized under MCLA § 257.904d by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle. If a vehicle is immobilized under this section, the court may order the vehicle stored at a location and in a manner considered appropriate by the court. The court may order the person convicted of violating MCLA § 257.625, § 36-129 of the Kalamazoo City Code, or a suspension, revocation, or denial under state law or City ordinance to pay the cost of immobilizing and storing the vehicle.
D.
A vehicle subject to immobilization may be sold during
the period of immobilization, but shall not be sold to a person who
is exempt from paying a use tax under § 3(3)(a) of the Use
Tax Act, 1937 PA 94, MCLA § 205.93 without a court order.
E.
A defendant who is prohibited from operating a motor
vehicle by vehicle immobilization shall not purchase, lease, or otherwise
obtain a motor vehicle during this immobilization period.
F.
A person shall not remove, tamper with, or bypass
or attempt to remove, tamper with, or bypass a device that he or she
knows or has reason to know has been installed on a vehicle by court
order by vehicle immobilization or operate or attempt to operate a
vehicle that he or she knows or has reason to know has been ordered
immobilized.
G.
A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $100, or both.
H.
To the extent that a City ordinance provision regarding
the storage or removal of vehicles conflicts with an order of immobilization
issued by the court, the ordinance is preempted.
I.
If a public safety officer stops a vehicle that is
being operated in violation of an immobilization order, the vehicle
shall be impounded pending an order of a court of competent jurisdiction.
J.
The court shall require the defendant or a person
who provides immobilization services to the court under this section
to certify that a vehicle ordered immobilized by the court is immobilized
as required.
[Traf. Code § 30; amended 12-3-1984 by Ord. No.
1337; 4-1-1985 by Ord. No. 1347; 3-20-2000 by Ord. No. 1698]
A.
In order to conform with applicable state statutes,
the following provisions shall apply within the City:
(1)
A person whose operator's or chauffeur's license or
registration certificate has been suspended or revoked and who has
been notified as provided by law of that suspension or revocation,
whose application for license has been denied, or who has never applied
for a license, shall not operate a motor vehicle upon a highway or
other place open to the general public or generally accessible to
motor vehicles, including an area designated for the parking of motor
vehicles, within this City.
(2)
A person shall not knowingly permit a motor vehicle
owned by the person to be operated upon a highway or other place open
to the general public or generally accessible to motor vehicles, including
an area designated for the parking of vehicles, within this City by
a person whose license or registration certificate is suspended or
revoked, whose application for license has been denied, or who has
never applied for a license, except as permitted under this section.
(3)
Except as otherwise provided, a person who violates Subsection A(1) or (2) is guilty of a misdemeanor punishable as follows: For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the Secretary of State upon notification by a public safety officer.
(4)
Before a person is arraigned before a district court
magistrate or judge on a charge of violating this section, the arresting
officer shall obtain the person's driving record from the Secretary
of State and shall furnish the record to the court. The driving record
of the person may be obtained from the Secretary of State's computer
information network.
(5)
This section does not apply to a person who operates
a vehicle solely for the purpose of protecting human life or property
if the life or property is endangered and summoning prompt aid is
essential.
(6)
A person whose vehicle group designation is suspended
or revoked and who has been notified as provided by law of that suspension
or revocation, or whose application for a vehicle group designation
has been denied as provided in this act, or who has never applied
for a vehicle group designation and who operates a commercial motor
vehicle within this City, except as permitted under this section,
while any of those conditions existing is guilty of a misdemeanor
punishable, except as otherwise provided herein, by imprisonment for
not less that three days or more than 93 days or a fine of not more
than $100, or both.
(7)
For purposes of this section, a person who never applied
for a license includes a person who applied for a license, was denied,
and never applied again.
B.
Every operator of a motor vehicle shall at all times
have in his immediate possession, when driving a motor vehicle, his
operator's or chauffeur's license. Such license shall be submitted
for examination, upon demand by any police officer.
C.
It shall be unlawful for any person to display or
cause or permit to be displayed or to have in his possession any operator's
or chauffeur's license knowing the same to be fictitious, or to have
been cancelled, revoked, suspended or altered; to lend or to knowingly
permit the use of, by one not entitled thereto, any operator's or
chauffeur's license issued to the person so lending or permitting
the use thereof; or to display or to represent as one's own any operator's
or chauffeur's license not issued to the person so displaying the
same.
D.
It shall be unlawful for any operator holding an instruction
permit to operate a motor vehicle, unless accompanied by a licensed
operator or chauffeur who is actually occupying a seat beside the
driver.
E.
It shall be unlawful for any person to knowingly authorize
or permit any unlicensed driver to operate a motor vehicle.
F.
Any driver who shall change his address before his
operator's or chauffeur's license expires shall comply with the state
law relating to the subject, and it shall be unlawful for any person
to operate a motor vehicle upon the public streets of the City with
such a license which does not show his proper and actual address.
G.
It shall be unlawful for any person driving a motor
vehicle upon a street in this City, when licensed to do so by a restricted
driver's license, to operate such vehicle without complying with the
restrictions thereon.
[Traf. Code § 33]
Every driver of a vehicle shall exercise due
care to avoid colliding with any object, pedestrian or vehicle upon
or adjacent to any roadway and shall give warning, by sounding the
horn, when necessary.
[Traf. Code § 8]
A.
Upon all roadways of sufficient width, a vehicle shall
be driven upon the right half of the roadway, except as follows:
(1)
When overtaking and passing another vehicle proceeding
in the same direction under the rules governing such movement.
(2)
When the right half of a roadway is closed to traffic
while under construction or repair or when an obstruction exists making
it necessary to drive to the left of the center of the highway; provided
that any driver so doing shall yield the right-of-way to all vehicles
traveling in the proper direction upon the unobstructed portion of
the highway within such distance as to constitute an immediate hazard.
(3)
Upon a roadway divided into three marked lanes for
traffic under the rules applicable thereon.
B.
Except when lawfully permitted to drive on the left half of the roadway as provided in Subsection A, upon a roadway having two or more lanes for travel in one direction, a vehicle shall be driven in the extreme right-hand lane available for travel; except that a vehicle may be driven in any lane lawfully available to traffic moving in the same direction of travel when the lanes are occupied by vehicles moving in substantially continuous lanes of traffic or for a reasonable distance prior to making a left turn.
[Traf. Code § 11]
Drivers of vehicles proceeding in opposite directions
shall pass each other to the right and, upon roadways having width
for not more than one line of traffic in each direction. Each driver
shall give to the other at least 1/2 of the main-traveled portion
of the roadway, as nearly as possible.
[Traf. Code §§ 12, 14]
A.
Except as otherwise specifically provided, the driver
of any vehicle overtaking another vehicle proceeding in the same direction
shall pass at a safe distance to the left thereof and, when safely
clear of such overtaken vehicle, shall take up a position as near
the right-hand edge of the main traveled portion of the highway as
is practicable.
B.
No vehicle shall be driven to the left side of the
center of a two-lane (or any multiple thereof) highway or in the center
lane of a three- or five-lane highway in overtaking and passing another
vehicle proceeding in the same direction, unless such left side or
center lane is clearly visible and is free of oncoming traffic for
a sufficient distance a head to permit such overtaking and passing
to be completely made without interfering with the safe operation
of any vehicle approaching from the opposite direction or any vehicle
overtaken. The foregoing limitation shall not apply upon a one-way
roadway.
C.
Except when overtaking and passing on the right is permitted, the
following rules shall govern a driver of a motor vehicle overtaking
a bicycle proceeding in the same direction:
[Added 9-19-2016 by Ord.
No. 1942]
(1)
If
there is more than one lane for traffic proceeding in the same direction,
move the vehicle to the lane to the immediate left, if the lane is
available and moving into the lane is reasonably safe;
(2)
If
there is only one lane for traffic proceeding in the same direction,
pass to the left of the person operating a bicycle at a safe distance,
which must be not less than five feet between any portion of the vehicle
and the bicycle, and shall not move again to the right side of the
highway until the vehicle is safely clear of the overtaken person
operating a bicycle.
(3)
The
driver of a motor vehicle may drive to the left of the center of a
roadway, including when a no passing zone is marked, to pass a person
operating a bicycle only if the roadway to the left of the center
is unobstructed for a sufficient distance to permit the driver to
pass the person operating the bicycle safely and avoid interference
with oncoming traffic. This subsection does not authorize driving
on the left side of the center of the roadway when otherwise prohibited
by local ordinance or state law.
[Traf. Code § 13]
A.
The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following conditions:
(1)
When the vehicle overtaken is making or about to make
a left turn.
(2)
Upon a street or highway with unobstructed pavement
not occupied by parked vehicles of sufficient width for two or more
lines of moving vehicles in each direction and when such vehicles
are moving in substantially continuous lanes of traffic.
(3)
Upon a one-way street, or upon any street or highway
on which traffic is restricted to one direction of movement, where
the street or highway is free from obstructions and of sufficient
width for two or more lines of moving vehicles and when such vehicles
are moving in substantially continuous lanes of traffic.
B.
The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such movement
in safety. In no event shall such movement be made by driving off
the pavement or main-traveled portion of the roadway.
C.
The driver of a motor vehicle may overtake and pass upon the right
of a bicycle at a safe distance, which must be not less than five
feet between any portion of the vehicle and the bicycle, when the
bicycle being overtaken is making or about to make a left turn; provided,
however, that the driver of a vehicle shall not overtake and pass
a bicycle upon the right by driving off the pavement or main-traveled
portion of the roadway.
[Added 9-19-2016 by Ord.
No. 1942]
[Traf. Code § 12]
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle, on audible signal, and
shall not increase the speed of his vehicle until completely passed
by the overtaking vehicle.
[Traf. Code § 14]
It shall be unlawful for the driver of any vehicle
to overtake or pass any other vehicle in a designated no-passing zone.
[Traf. Code § 17]
A.
The driver of any vehicle upon a street, before starting,
stopping or turning from a direct line, shall first see that such
movement can be made in safety and shall give a signal of his intention
so to do.
B.
The signal required by this section shall be given
either by means of the hand and arm in the manner herein specified,
or by a mechanical or electrical signal device which conveys an intelligible
signal or warning to another driver approaching from the rear. Whenever
the signal is given by means of the hand and arm, the driver shall
indicate his intention to stop, start or turn by extending the hand
and arm horizontally from and beyond the left side of the vehicle.
[Traf. Code §§ 18, 19, 83g]
A.
The driver of a vehicle intending to turn at an intersection,
alley or driveway shall do so as follows:
(1)
Both the approach for a right turn and a right turn
shall be made as close as practicable to the right-hand curb or edge
of the roadway.
(2)
The approach for a left turn shall be made in that
portion of the right half of the roadway nearest the center line thereof
and, after entering an intersection, the left turn shall be made so
as to leave the intersection to the right of the center line of the
roadway being entered.
(3)
The approach for a left turn from a two-way roadway
into a one-way roadway shall be made in that portion of the right
half of the roadway nearest the center line thereof and by passing
to the right of such center line where it enters the intersection.
(4)
A left turn from a one-way roadway into a two-way
roadway shall be made by approaching as close as practicable to the
left curb or edge of the roadway and by passing to the right of the
center line of the street being entered upon leaving the intersection.
(5)
Where both streets or roadways are one-way, both the
approach for a left turn and a left turn shall be made as close as
practicable to the left-hand curb or edge of the roadway.
B.
The Traffic Engineer is authorized to place markers,
buttons or signs within or adjacent to intersections and thereby require
and direct that a different course from that specified in this section
be travelled by vehicles turning at the intersection, and when markers,
buttons or signs are so placed, no driver of a vehicle shall turn
a vehicle at an intersection other than as directed and required by
such markers, buttons or signs.
[P.S. Code § PS301.354; Traf. Code
§ 83f]
A.
The Traffic Engineer is hereby authorized, with the
consent of the City Commission by motion, to determine those streets
or intersections of streets from which drivers of vehicles shall not
make a right, left or U-turn, and shall place proper signs upon such
streets and at such intersections. The making of such turns may be
prohibited between certain hours of any day and permitted at other
hours, in which event the same shall be plainly indicated on the signs
or they may be removed when such turns are unrestricted.
B.
When, in the interest of public safety, the Traffic
Engineer finds that a specific turning movement to or from a driveway
to a public street unreasonably interferes with pedestrian or vehicular
traffic, such turning movement may be prohibited by written orders
of the Traffic Engineer and signs posted stating such prohibition.
C.
It shall be unlawful for the driver of any vehicle
to disobey the directions of any sign erected pursuant to this section.
[Traf. Code § 7]
A.
The driver of a vehicle approaching an intersection
shall yield the right-of-way to a vehicle which has entered the intersection
from a different highway.
B.
When two vehicles enter an intersection from different
highways at approximately the same time, the driver of the vehicle
on the left shall yield the right-of-way to the vehicle on the right.
D.
When a vehicle approaches the intersection of a highway
from an intersecting highway or street which is intended to be, and
is constructed as, a merging highway or street, and is plainly marked
at such intersection with appropriate merge signs, the driver of such
vehicle shall yield the right-of-way to any vehicle so close as to
constitute an immediate hazard on the highway about to be entered
and shall adjust his speed so as to enable the vehicle to merge safely
with the through traffic.
E.
The driver of any vehicle traveling at an unlawful
speed shall forfeit any right-of-way which he might otherwise have
under this section.
[Traf. Code § 7]
The driver of a vehicle within an intersection
intending to turn to the left shall yield the right-of-way to any
vehicle approaching from the opposite direction which is within the
intersection or so close thereto as to constitute an immediate hazard,
but such driver, having so yielded and having given a signal when
and as required by this article, may make such left turn and the drivers
of all other vehicles approaching the intersection from the opposite
direction shall yield the right-of-way to the vehicle making the left
turn; provided that, at an intersection at which a traffic signal
is located, a driver intending to make a left turn shall permit vehicles
bound straight through in the opposite direction which are awaiting
a go signal to pass through the intersection, before making the turn.
[Traf. Code §§ 3, 83a]
A.
The Traffic Engineer is hereby authorized, with the
consent of the City Commission by motion, to determine and designate
intersections where conditions warrant the stopping of traffic and
to determine whether vehicles shall stop or yield the right-of-way
at one or more entrances to any such intersection, and shall erect
a sign at every place where he shall find such stop or yield required,
except at those intersections which are controlled by automatic signals
or other traffic-control devices.
B.
Except when directed to proceed by a police officer,
the driver of a vehicle approaching a stop intersection indicated
by a stop sign shall stop before entering the crosswalk on the near
side of the intersection, or if there is no crosswalk, shall stop
at a clearly marked stop line, or if none, then at the point nearest
the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway. After having stopped, the driver
shall yield the right-of-way to any vehicle which has entered the
intersection from another highway or which is approaching so closely
on the highway as to constitute an immediate hazard during the time
when the driver would be moving across or within the intersection.
C.
The driver of a vehicle approaching a yield sign,
in obedience to such sign, shall slow down to a speed reasonable for
the existing conditions and shall yield the right-of-way to any vehicle
in the intersection or approaching on another highway so closely as
to constitute an immediate hazard during the time such driver would
be moving across or within the intersection. However, if required
for safety to stop, the driver shall stop before entering the crosswalk
on the near side of the intersection or, if there is no crosswalk,
at a clearly marked stop line, but if none, then at the point nearest
the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway.
D.
The driver of any vehicle traveling at an unlawful
speed shall forfeit any right-of-way which he might otherwise have
under this section.
[Traf. Code §§ 37, 91]
A.
A motor vehicle forming part of a funeral procession,
when going to a place of burial, or any other authorized procession,
shall have the right-of-way over all other vehicles, except fire apparatus,
ambulances and police patrol vehicles, at a street or highway intersection;
provided that the vehicle in a funeral procession shall display a
flag, which shall be fluorescent orange in color, and upon which shall
be printed, stamped or stained a black cross or the star of David.
In addition, the lead vehicle and the last vehicle in a funeral procession
may carry an additional flag. The flags shall not contain names embossed
or printed thereon, except the word "funeral".
B.
No operator of a vehicle shall drive through the vehicles,
persons or animals comprising a funeral or other authorized procession
while such funeral or procession is in motion, except when otherwise
directed by a police officer. The provision shall not apply to authorized
emergency vehicles.
[Added 4-19-1976 by Ord. No. 1084; amended 10-30-1995 by Ord. No.
1598]
A.
The driver of a vehicle overtaking or meeting a school
bus which has stopped and is displaying two alternately flashing red
lights located at the same level shall bring the vehicle to a full
stop not less than 20 feet from the school bus and shall not proceed
until the school bus resumes motion or the visual signals are no longer
actuated. At an intersection where traffic is controlled by an officer
or a traffic stop-and-go signal a vehicle need not be brought to a
full stop before passing a stopped school bus, but may proceed past
the school bus at a speed not greater than is reasonable and proper
but not greater than 10 miles an hour and with due caution for the
safety of passengers being received or discharged from the school
bus. The driver of a vehicle who fails to stop for a school bus as
required by this subsection, who passes a school bus in violation
of this subsection, or who fails to stop for a school bus in violation
of an ordinance that complies with this subsection, is responsible
for a civil infraction.
B.
The driver of a vehicle upon a highway which has been
divided into two roadways by leaving an intervening space, or by a
physical barrier, or clearly indicated dividing sections so construction
as to impede vehicular traffic, need not stop upon meeting a school
bus which has stopped across the dividing space, barrier, or section.
C.
In a proceeding for a violation of Subsection A, proof that the particular vehicle described in the citation was in violation of Subsection A, together with proof that the defendant named in the citation was, at the time of the violation, the registered owner of the vehicle, shall constitute in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
D.
In addition to the civil fine and costs provided for
a civil infraction, the judge, district court referee, or district
court magistrate may order a person who violates this section to perform
not to exceed 100 hours of community service at a school.
[Added 4-19-1976 by Ord. No. 1084; amended 10-30-1995 by Ord. No.
1598]
A.
No driver of a school bus shall stop on the streets
of the City for the purpose of receiving or discharging pupils, unless
his bus is painted and equipped with lights in accordance with the
provisions of the Michigan Traffic Code.
B.
The driver of a school bus shall actuate the alternately
flashing lights on the bus whenever receiving or discharging pupils
on any street in the City.
C.
Having actuated the flashing lights in accordance with the provisions of Subsection B above, the driver of a school bus, before resuming motion, shall deactuate the flashing lights and permit stopped traffic to proceed. When resuming motion, the driver shall proceed in such a manner as to allow congested traffic to disperse by keeping the bus as near to the right side of the street as can be done with safety.
[Added 10-30-1995 by Ord. No. 1599]
A.
A driver of a motor vehicle who fails to stop when
a school crossing guard is in a school crossing and is holding a stop
sign in an upright position visible to approaching vehicular traffic
is guilty of a misdemeanor.
B.
In a proceeding for a violation of this section, proof
that the particular vehicle described in the citation, complaint,
or warrant was used in the violation, together with proof that the
defendant named in the citation, complaint, or warrant was the registered
owner of the vehicle at the time of the violation, constitutes in
evidence a presumption that the registered owner of the vehicle was
the driver of the vehicle at the time of the violation.
[Traf. Code § 91]
Upon the immediate approach of an authorized
emergency vehicle equipped with at least one lighted flashing, rotating
or oscillating lamp exhibiting red or blue light visible under normal
atmospheric conditions from a distance of 500 feet to the front of
such vehicle, and when the driver is giving audible signal by siren,
exhaust whistle or bell, the driver of every other vehicle shall yield
the right-of-way and shall immediately drive to a position parallel
to, and as close as possible to, the right edge or curb of the roadway
(or left edge on a one-way street), clear of any intersection, and
shall stop and remain in such position until the authorized emergency
vehicle has passed, except when otherwise directed by a police officer.
[Traf. Code § 2]
A.
Whenever any person driving a vehicle approaches a
railroad grade crossing under any of the circumstances stated in this
section, such driver shall stop within 50 feet, but not less than
15 feet from the nearest rail of such railroad, and shall not proceed
until he can do so safely. The foregoing requirements shall apply
when:
(1)
A clearly visible and positive signal gives warning
of the immediate approach of a railway train or car.
(2)
A crossing gate is lowered or a flagman gives or continues
to give a signal of the approach or passage of a railroad train.
(3)
A railroad train approaching within approximately
1,500 feet of the highway crossing emits a signal audible from such
distance and such railroad train, by reason of its speed or nearness
to such crossing, is an immediate hazard.
(4)
An approaching railroad train is plainly visible and
is in hazardous proximity to such crossing.
[Traf. Code § 2]
No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad grade crossing,
while such gate or barrier is closed or is being opened or closed.
[Traf. Code § 4]
The driver of a vehicle about to enter or cross
a highway from an alley, private road or driveway shall come to a
full stop and yield the right-of-way to all vehicles or pedestrians
approaching on such highway so close to such point of entry as to
constitute an immediate hazard.
[Traf. Code § 5]
Notwithstanding any traffic-control signal indication
or other right to proceed, no driver of a vehicle shall enter an intersection
or a marked crosswalk unless there is sufficient space on the other
side of the intersection or crosswalk to accommodate his vehicle,
without obstructing or blocking the passage of other vehicles or pedestrians.
[Traf. Code § 40]
The driver of a vehicle shall not drive upon
or within any sidewalk area, except at a driveway.
[P.&L. Code § PL507.3; amended 12-20-1976 by Ord. No.
1104]
The driver of a vehicle shall not drive upon
or across a curb.
[Traf. Code § 41]
No vehicle shall at any time be driven through
or within an occupied safety zone.
[Traf. Code § 15]
Upon a roadway which is divided into three lanes,
a vehicle shall not be driven to the left of the center lane, except
when making a left turn, and shall not be driven in the center lane,
except when overtaking and passing another vehicle where the roadway
is clearly visible and such center lane is clear of traffic within
a safe distance, or in preparation of a left turn or where such center
lane is at the time allocated exclusively to traffic moving in the
direction the vehicle is proceeding and is signposted to give notice
of such allocation.
[Traf. Code §§ 16, 83d]
A.
The Traffic Engineer is hereby authorized, with the
consent of the City Commission by motion, to designate one-way streets,
roadways or alleys and shall place and maintain signs giving notice
thereof at every intersection where traffic in the opposite direction
is prohibited. No such designation shall be effective until such signs
are in place.
B.
Vehicular traffic shall move only in the indicated
direction upon those streets and parts of streets and in those alleys
where signs have been erected indicating that traffic shall move in
only one direction.
[Traf. Code § 83i]
It shall be unlawful for any person to drive any motor vehicle on any pedestrian, special event or play street established pursuant to § 36-16 in violation of the Traffic Engineer's order relating to such street.
[Traf. Code § 9]
The driver of a motor vehicle shall not follow
another vehicle more closely than is reasonable and prudent, having
due regard for the speed of such vehicles and the traffic upon and
the condition of the streets.
[Traf. Code § 10]
The driver of any vehicle, other than an authorized
emergency vehicle on official business, shall not follow any fire
apparatus traveling in response to a fire alarm closer than 500 feet
or drive into or park such vehicle within 500 feet where fire apparatus
has stopped in answer to a fire alarm.
[Traf. Code § 46; P.&L. Code
§ PL1301.2]
No vehicle shall be driven over any unprotected
hose of the Fire Department, without the consent of the Fire Department
official in command.
[Traf. Code § 39]
The driver of a vehicle shall not back the same,
unless such movement can be made with reasonable safety and without
interfering with other traffic.
[Traf. Code §§ 20, 21, 83c]
A.
Any person driving a vehicle on a street 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 street and of any other condition then existing,
and no person shall drive any vehicle upon a street at a speed greater
than will permit him to bring it to a stop within the assured, clear
distance ahead.
B.
Subject to the provisions of Subsection A above, and except in those instances where a different speed is established and posted, it shall be prima facia unlawful for the driver of a vehicle to drive the same at a speed exceeding 25 miles per hour on any street in a business or residential district, but in any case, when such speed would be unsafe, it shall be unlawful.
C.
The Traffic Engineer is hereby authorized, with the
consent of the City Commission by motion, to establish speed regulations
and to erect signs giving notice thereof as follows:
(1)
Establish prima facie lawful speed limits on highways
outside of business or residential districts, which shall in no case
be less than 25 miles per hour.
(2)
Increase the prima facie speed limits on through highways
within business or residential districts.
(3)
Establish the prima facie speed limit in public parks,
alleys and cemeteries.
D.
It shall be prima facie unlawful for any person to
drive a vehicle at a speed in excess of the limit stated on signs
erected in accordance with the provisions of this section.
E.
In every charge of a violation of this section, unless
the facts render it impractical, the complaint and traffic citation
shall specify the speed at which the defendant is alleged to have
driven, and also the speed applicable within the district or at the
location.
[Traf. Code § 33A; amended 7-16-1979 by Ord. No.
1167]
A.
Any person who engages in any motor vehicle race,
drag race driving on any public street or aids or abets another to
do so, whether or not the authorized speed limit is exceeded, shall
be guilty of a misdemeanor.
B.
For the purpose of this section, "drag racing" is
defined as the operation of two or more motor vehicles from a point
side by side, at accelerating speeds, in an attempt to outgain or
outdistance each other. "Racing" is defined as the use of one or more
motor vehicles in an attempt to outgain or outdistance or to prevent
or to attempt to prevent another motor vehicle from passing or to
attempt to arrive at a given destination ahead of another motor vehicle
or vehicles or to test the physical stamina or endurance of such drivers
or motor vehicle or vehicles.
C.
Any person who engages in exhibition driving on any
public street is responsible for a civil infraction. Exhibition driving
is defined as the driving of a motor vehicle in such an unusual manner
or out of the usual flow of traffic, whether or not other traffic
is present, so that it is likely to attract the attention of the public,
whether or not there is anyone present, or it shall consist of any
two or more of the following:
(1)
Rapid acceleration.
(2)
Squealing, peeling or burning of the tires.
(3)
The swaying of the motor vehicle from side to side
commonly referred to as "fishtailing."
(4)
Racing or running of the engine of a motor vehicle
at such high revolutions per minute, combined with the engaging of
the gears, causing excessive or unusual noise.
(5)
Unnecessary and excessive changing of lanes.
(6)
The emission of any unreasonably loud or raucous or
disturbing and unnecessary noise from the engine or exhaust system
of any motor vehicle.
[Traf. Code § 32; amended 12-29-1975 by Ord. No.
1073]
Any person who drives any vehicle upon a street
or a frozen public lake, stream or pond or other place open to the
general public, including any area designated for the parking of vehicles,
in wilful or wanton disregard for the safety of persons or property,
shall be guilty of reckless driving and a misdemeanor.
[Amended 12-29-1975 by Ord. No. 1073; 7-16-1979 by Ord. No.
1167]
Any person who operates any vehicle upon a street
or frozen public lake, stream or pond or other place open to the general
public, including any area designated for the parking of vehicles,
in a careless or negligent manner likely to endanger any person or
property, but without wantonness or recklessness is responsible for
a civil infraction.
[Traf. Code § 34; amended by 3-23-1981 by Ord. No.
1221; 3-7-1983 by Ord. No. 1282; 10-28-1985 by Ord. No. 1365; 12-16-1991 by Ord. No. 1521; 5-30-1995 by Ord. No. 1587; 2-1-1998 by Ord. No.
1648; 5-4-1998 by Ord. No. 1653; 11-29-1999 by Ord. No. 1690; 3-2-2000 by Ord. No. 1697; 9-15-2003 by Ord. No. 1759; 6-18-2007 by Ord. No.
1829; 3-19-2012 by Ord. No. 1893; 7-16-2012 by Ord. No. 1899; 7-15-2013 by Ord. No. 1911]
|
(1)
|
A person, whether licensed or not, shall not
operate a vehicle upon a highway or other place open to the general
public or generally accessible to motor vehicles, including an area
designated for the parking of vehicles, within the City if the person
is operating while intoxicated. As used in this section, "operating
while intoxicated" means either of the following applies:
| |||||||
|
(a)
|
The person is under the influence of alcoholic
liquor, a controlled substance, or a combination of alcoholic liquor
and a controlled substance.
| |||||||
|
(b)
|
The person has an alcohol content of 0.08 grams
or more per 100 milliliters of blood, per 210 liters of breath, or
per 67 milliliters of urine, or, beginning October 1, 2018, the person
has an alcohol content of 0.10 grams or more per 100 milliliters of
blood, per 210 liters of breath, or per 67 milliliters of urine.
| |||||||
|
(c)
|
The person has an alcohol content of 0.17 grams or more per
100 milliliters of blood, per 210 liters of breath, or per 67 milliliters
of urine.
| |||||||
|
(2)
|
The owner of a vehicle or a person in charge
or in control of a vehicle shall not authorize or knowingly permit
the vehicle to be operated upon a highway or other place open to the
general public or generally accessible to motor vehicles, including
an area designated for the parking of motor vehicles, within this
state by a person if any of the following apply:
| |||||||
|
(a)
|
The person is under the influence of alcoholic
liquor, a controlled substance, other intoxicating substance, or a
combination of alcoholic liquor, a controlled substance, or other
intoxicating substance.
| |||||||
|
(b)
|
The person has an alcohol content of 0.08 grams
or more per 100 milliliters of blood, per 210 liters of breath, or
per 67 milliliters of urine or, beginning October 1, 2018, the person
has an alcohol content of 0.10 grams or more per 100 milliliters of
blood, per 210 liters of breath, or per 67 milliliters of urine.
| |||||||
|
(c)
|
The person's ability to operate the motor vehicle
is visibly impaired due to the consumption of alcoholic liquor, a
controlled substance, or other intoxicating substance, or a combination
of alcoholic liquor, a controlled substance, or other intoxicating
substance.
| |||||||
|
(3)
|
A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state when, due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating Subsection (1), a finding of guilty under this subsection may be rendered.
| |||||||
|
(4)
|
Reserved.
| |||||||
|
(5)
|
Reserved.
| |||||||
|
(6)
|
A person who is less than 21 years of age, whether
licensed or not, shall not operate a vehicle upon a highway or other
place open to the general public or generally accessible to motor
vehicles, including an area designated for the parking of vehicles,
within this state if the person has any bodily alcohol content. As
used in this subsection, "any bodily alcohol content" means either
of the following:
| |||||||
|
(a)
|
An alcohol content of 0.02 grams or more but
less than 0.08 grams per 100 milliliters of blood, per 210 liters
of breath, or per 67 milliliters of urine, or, beginning October 1,
2018, the person has an alcohol content of 0.02 grams or more but
less than 0.10 grams per 100 milliliters of blood, per 210 liters
of breath, or per 67 milliliters of urine.
| |||||||
|
(b)
|
Any presence of alcohol within a person's body
resulting from the consumption of alcoholic liquor, other than consumption
of alcoholic liquor as a part of a generally recognized religious
service or ceremony.
| |||||||
|
(7)
|
A person, whether licensed or not, is subject
to the following requirements:
| |||||||
|
(a)
| ||||||||
|
(i)
|
Except as provided in Subparagraph (ii), a person
who violates this subdivision is guilty of a misdemeanor and shall
be sentenced to pay a fine of not less than $200 or more than $500
and to one or more of the following:
| |||||||
|
(A)
|
Imprisonment for not less than five days or
more than 93 days. Not less than 48 hours of this imprisonment shall
be served consecutively. This term of imprisonment shall not be suspended.
| |||||||
|
(B)
|
Community service for not less than 30 days
or more than 90 days.
| |||||||
|
(ii)
|
Reserved.
| |||||||
|
(b)
|
He or she shall not operate a vehicle in violation of Subsection (6) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:
| |||||||
|
(i)
|
A person who violates this subdivision may be
sentenced to one or more of the following:
| |||||||
|
(A)
|
Community service for not more than 60 days.
| |||||||
|
(B)
|
A fine of not more than $500.
| |||||||
|
(C)
|
Imprisonment for not more than 93 days.
| |||||||
|
(ii)
|
Reserved.
| |||||||
|
(c)
|
In the judgment of sentence under Subdivision
(a)(i) or (b)(i), the court may, unless the vehicle is ordered forfeited
under MCL § 257.625n, order vehicle immobilization as provided
in MCL § 257.904d.
| |||||||
|
(d)
|
Reserved.
| |||||||
|
(8)
|
A person, whether licensed or not, shall not
operate a vehicle upon a highway or other place open to the general
public or generally accessible to motor vehicles, including an area
designated for the parking of vehicles, within the City if the person
has in his or her body any amount of a controlled substance listed
in schedule one under § 7212 of the Public Health Code,
1978 PA 368, MCL § 333.7212, or a rule promulgated under
that section, or of a controlled substance described in § 7214(a)(iv)
of the Public Health Code, 1978 PA 368, MCL § 333.7214.
| |||||||
|
(9)
| ||||||||
|
(a)
|
The person is guilty of a misdemeanor punishable
by one or more of the following:
| |||||||
|
(i)
|
Community service for not more than 360 hours.
| |||||||
|
(ii)
|
Imprisonment for not more than 93 days, or,
if the person is convicted of violating Subsection (1)(c), imprisonment
for not more than 180 days.
| |||||||
|
(iii)
|
A fine of not less than $100 or more than $500,
or if the person is guilty of violating Subsection (1)(c), a fine
of not less than $200 or more than $700.
| |||||||
|
(b)
|
Reserved.
| |||||||
|
(c)
|
Reserved.
| |||||||
|
(d)
|
Reserved.
| |||||||
|
(e)
|
In the judgment of sentence under Subdivision
(a), the court may order vehicle immobilization as provided in MCL
§ 257.904d of the Michigan Vehicle Code.
| |||||||
|
(f)
|
Reserved.
| |||||||
|
(10)
|
A person who is convicted of violating Subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100 or more than $500, or both.
| |||||||
|
(11)
|
If a person is convicted of violating Subsection (3), all of the following apply:
| |||||||
|
(a)
|
The person is guilty of a misdemeanor punishable
by one or more of the following:
| |||||||
|
(i)
|
Community service for not more than 360 hours.
| |||||||
|
(ii)
|
Imprisonment for not more than 93 days.
| |||||||
|
(iii)
|
A fine of not more than $300.
| |||||||
|
(b)
|
Reserved.
| |||||||
|
(c)
|
Reserved.
| |||||||
|
(d)
|
Reserved.
| |||||||
|
(e)
|
In the judgment of sentence under Subdivision
(a), the court may order vehicle immobilization as provided in MCL
§ 257.904d.
| |||||||
|
(f)
|
Reserved.
| |||||||
|
(12)
|
If a person is convicted of violating Subsection (6), all of the following apply:
| |||||||
|
(a)
|
Except as otherwise provided in Subdivision
(b), the person is guilty of a misdemeanor punishable by one or both
of the following:
| |||||||
|
(i)
|
Community service for not more than 360 hours.
| |||||||
|
(ii)
|
A fine of not more than $250.
| |||||||
|
(b)
|
If the violation occurs within seven years of
one or more prior convictions, the person may be sentenced to one
or more of the following:
| |||||||
|
(i)
|
Community service for not more than 60 days.
| |||||||
|
(ii)
|
A fine of not more than $500.
| |||||||
|
(iii)
|
Imprisonment for not more than 93 days.
| |||||||
|
(13)
|
In addition to imposing the sanctions prescribed
under this section, the court may order the person to pay the costs
of the prosecution under the Code of Criminal Procedure, 1927 PA 175,
MCL §§ 760.1 to 777.69.
| |||||||
|
(14)
|
A person sentenced to perform community service
under this section shall not receive compensation and shall reimburse
the state or appropriate local unit of government for the cost of
supervision incurred by the state or local unit of government as a
result of the person/s activities in that service.
| |||||||
|
(15)
|
If the City attorney intends to seek an enhanced
sentence under this section or a sanction under MCL § 257.625n
of the Michigan Vehicle Code based upon the defendant having prior
convictions, the City attorney shall include on the complaint and
information, or an amended complaint and information, filed in district
court, circuit court, municipal court, or family division of circuit
court, a statement listing the defendants prior convictions.
| |||||||
|
(16)
|
If a person is charged with a violation of Subsection (1), (3), (7), or (8), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating Subsection (6) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.
| |||||||
|
(17)
|
A prior conviction shall be established at sentencing
by one or more of the following:
| |||||||
|
(a)
|
A copy of a judgment of conviction.
| |||||||
|
(b)
|
An abstract of conviction.
| |||||||
|
(c)
|
A transcript of a prior trial or a plea-taking
or sentencing proceeding.
| |||||||
|
(d)
|
A copy of a court register of actions.
| |||||||
|
(e)
|
A copy of the defendants driving record.
| |||||||
|
(f)
|
Information contained in a presentence report.
| |||||||
|
(g)
|
An admission by the defendant.
| |||||||
|
(18)
|
Except as otherwise provided in Subsection (20), if a person is charged with operating a vehicle while under the influence of a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance in violation of Subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance at the time of the violation.
| |||||||
|
(19)
|
Except as otherwise provided in Subsection (20), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, in violation of Subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.
| |||||||
|
(20)
| ||||||||
|
(a)
|
Whether the defendant was under the influence
of a controlled substance, or other intoxicating substance, or a combination
of alcoholic liquor, a controlled substance, or other intoxicating
substance at the time of the violation.
| |||||||
|
(b)
|
Whether the defendant was visibly impaired due
to his or her consumption of a controlled substance, or other intoxicating
substance, or a combination of alcoholic liquor, a controlled substance,
or other intoxicating substance at the time of the violation.
| |||||||
|
(21)
|
If a jury or court finds under Subsection (18), (19), or (20) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance, an alcoholic liquor, or other intoxicating substance, the court shall do both of the following:
| |||||||
|
(a)
|
Report the finding to the Secretary of State.
| |||||||
|
(b)
|
On a form or forms prescribed by the state court
administrator, forward to the department of state police a record
that specifies the penalties imposed by the court, including any term
of imprisonment, and any sanction imposed under MCL § 257.625n
or 257.904d of the Michigan Vehicle Code.
| |||||||
|
(22)
|
Except as otherwise provided by law, a record
described in Subsection (21)(b) is a public record and the department
of state police shall retain the information contained on that record
for not less than seven years.
| |||||||
|
(23)
|
In a prosecution for a violation of Subsection (6), the defendant bears the burden of proving that the consumption of alcoholic liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
| |||||||
|
(24)
| ||||||||
|
(25)
|
As used in this section:
| |||||||
|
(a)
|
"Intoxicating substance" means any substance,
preparation, or a combination of substances and preparations other
than alcohol or a controlled substance, that is either of the following:
| |||||||
|
(i)
|
Recognized as a drug in any of the following
publications or their supplements:
| |||||||
|
(A)
|
The official United States pharmacopeia.
| |||||||
|
(B)
|
The official homeopathic pharmacopeia of the
United States.
| |||||||
|
(C)
|
The official national formulary.
| |||||||
|
(ii)
|
A substance, other than food, taken into a person's
body, including but not limited to vapors or fumes, that is used in
a manner or for a purpose for which it was not intended, and that
may result in a condition of intoxication.
| |||||||
|
(b)
|
"Prior conviction" means a conviction for any
of the following, whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, a law of the United
States substantially corresponding to a law of this state, or a law
of another state substantially corresponding to a law of this state,
subject to Subsection (27):
| |||||||
|
(i)
|
Except as provided in Subsection (26), a violation or attempted violation of any of the following:
| |||||||
|
(A)
|
This section, except a violation of Subsection
2, or MCL § 257.625(2), or a violation of any prior enactment
of this section in which the defendant operated a vehicle while under
the influence of intoxicating or alcoholic liquor or a controlled
substance, or a combination of intoxicating or alcoholic liquor an
a controlled substance, or while visibly impaired, or with an unlawful
bodily alcohol content.
| |||||||
|
(B)
|
MCL § 257.625m.
| |||||||
|
(C)
|
Former MCL § 257.625b.
| |||||||
|
(26)
|
Except for purposes of the enhancement described in Subsection (12)(b), only one violation or attempted violation of Subsection (6), a local ordinance substantially corresponding to Subsection (6), or a law of another state substantially corresponding to Subsection (6) may be used as a prior conviction.
| |||||||
|
(27)
|
If two or more convictions described in Subsection (25) are convictions for violations arising out of the same transaction, only one conviction shall be used to determine whether the person has a prior conviction.
| |||||||
[1]
Editor's Note: See MCLA § 257.625.
[Added 6-18-2007 by Ord. No. 1829]
A police officer or public safety officer may
require a person to submit to a preliminary chemical breath analysis
as provided by MCLA § 257.625a(2), as amended. Except as
provided by state law, a person who refuses to submit to a preliminary
chemical breath analysis upon a lawful request by a police officer
or public safety officer is responsible for a civil infraction.
[Amended 4-20-1992 by Ord. No. 1530]
A.
A person shall not transport or possess any alcoholic
liquor in a container which is open, uncapped, or upon which the seal
is broken, within the passenger compartment of a vehicle on the highways
or streets of this City. If the vehicle does not have a trunk or compartment
separate from the passenger compartment, a container which is open,
uncapped, or upon which the seal is broken shall be encased or enclosed.
B.
This section shall not apply to any chartered passenger
vehicle licensed by the Michigan public service commission.
[Traf. Code § 35]
A.
Every person operating a motorcycle or motor-driven
cycle upon a roadway shall be granted all the rights and shall be
subject to all the duties applicable to the driver of a vehicle under
this chapter, except as to those provisions which, by their nature,
can have no application.
[Amended 6-5-1989 by Ord. No. 1463]
The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the streets of the City or the operator of the motor vehicle shall produce upon request of a police officer or public safety officer satisfactory evidence that the motor vehicle is insured under Chapter 31 of Act. No. 218 of the Public Acts of 1956, as amended, being §§ 500.3101 to 500.3179 of the Michigan Compiled Laws.
[Amended 9-11-1989 by Ord. No. 1471]
A.
"Emergency response" shall mean:
(1)
The providing, sending and/or utilizing of public
safety services or the services of other departments or divisions
by the City to an incident resulting in an accident involving a motor
vehicle where one or more of the drivers were operating the motor
vehicle while under the influence of an alcoholic beverage or controlled
substance or under the combined influence of an alcoholic beverage
and controlled substance; or
(2)
The making of a traffic stop and arrest by a police
officer or public safety officer when the driver was under the influence
of an alcoholic beverage or controlled substance or under the combined
influence of an alcoholic beverage and controlled substance.
B.
"Expense of an emergency response" shall mean the direct costs associated with the occurrence of an emergency response as set forth in Subsection A(1) or (2), including, but not limited to: The salaries or wages, including overtime pay, of public safety or other City personnel for time spent responding to the incident, including arresting the individual, processing the individual after an arrest, preparing reports on the incident and investigating the incident; also, incarceration costs, medical costs of the inmate, collecting and analyzing evidence, including determining blood alcohol content and determining the presence and identification of controlled substances in the blood whether by a blood test or other chemical test. Said costs shall include any costs billed to the City by third parties, such as emergency medical services, hospitals or towing fees.
C.
Any person who, while under the influence of an alcoholic
beverage or controlled substance or under the combined influence of
an alcoholic beverage and controlled substance, operates a motor vehicle
which results in an emergency response as defined in this section
shall be responsible and/or liable for all expenses of the City as
a result of the emergency response.
D.
For the purposes of this section, a person is under
the influence of an alcoholic beverage or controlled substance or
the combined influence of an alcoholic beverage or controlled substance
when his or her physical or mental abilities are substantially and
materially affected by the consumption of an alcoholic beverage or
a controlled substance or the combined influence of an alcoholic beverage
and a controlled substance, or when his or her ability to drive was
so weakened or reduced by the consumption of intoxicating liquor or
a controlled substance or a combination thereof that said individual
drove with less ability than would an ordinary, careful and prudent
driver, said reduction being visible to an ordinary observant person;
or, alternatively, that he or she no longer has the ability to operate
a motor vehicle with the caution characteristic of a sober person
of ordinary prudence. Further, it shall be presumed that a person
was operating a motor vehicle while under the influence of an alcoholic
beverage if a chemical analysis of his or her blood, urine or breath
indicates that the amount of alcohol in his or her blood was in excess
of 0.07%.
E.
All expenses of an emergency response shall be a charge
against the person liable for expenses under this section. The charge
constitutes a debt of that person and is collectible by the City in
the same manner as in the case of an obligation under a contract,
express or implied; except that liability for the expenses provided
for in this section shall not be insurable, and no insurance policy
shall provide or pay for any of the expenses. This section shall be
construed to be a responsibility and liability of a civil nature on
the part of the driver and shall not be construed to conflict, contravene
or enlarge or reduce any criminal liability or responsibility, including
fines imposed by a judge under the Michigan Vehicle Code on a driver
for operating a motor vehicle while under the influence of an alcoholic
beverage and/or controlled substance or while impaired thereby.
F.
The City Commission may, by resolution, adopt a schedule
of the costs included within the expenses of an emergency response.
G.
After receiving itemized costs incurred for an emergency
response, the Public Safety Department shall submit a bill for those
costs by first-class mail or personal service to the person liable
for these expenses under this section. Said bill shall require full
payment within 30 days from the date of service.
H.
If the individual described in this section fails
to pay the bill within 30 days of service, then the City attorney
may commence a civil action to recover the expenses of the emergency
response and any costs of the litigation allowed by law.
[Added 4-15-2013 by Ord.
No. 1908]
A.
A person
shall not transport or possess usable marihuana as defined in Section
26423 of the Public Health Code (MCLA § 333.26423) in or
upon a motor vehicle or any self-propelled vehicle intended for land
travel unless the marihuana is:
B.
A person
who violates this section is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days and/or a fine of not more then
$500.
[Added 6-20-2023 by Ord. No. 2064]
A.
Except as otherwise provided in this section, an individual shall
not hold or use a mobile electronic device while operating a motor
vehicle. This subsection does not apply to an individual operating
a commercial motor vehicle or a school bus.
B.
Except as otherwise provided in this section, an individual shall
not hold or use a mobile electronic device while operating a commercial
motor vehicle or a school bus. As used in this subsection, "use a
mobile electronic device" means one or more of the following:
(2)
Reaching for a mobile electronic device in a manner that requires
a driver to maneuver so that the driver is no longer in a seated driving
position, restrained by a seat belt that is installed as required
by 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's
instructions.
C.
(1)
The use of a mobile electronic device by a law enforcement officer,
firefighter, emergency medical technician, paramedic, operator of
an authorized emergency vehicle, or similarly engaged paid or volunteer
public safety first responder during the performance of that individual's
official duties, or a public utility employee or contractor acting
within the scope of that individual's employment when responding
to a public utility emergency.
(2)
The use of a mobile electronic device for emergency purposes, including
calling or texting a 9-1-1 system, or making an emergency call to
a law enforcement agency, health care provider, fire department, or
other emergency services agency or entity to report to appropriate
authorities any of the following:
(3)
The use of a global positioning or navigation feature of a mobile
electronic device if information is not entered by hand into the global
positioning or navigation system feature of the mobile electronic
device.
(4)
The use of a mobile electronic device in a voice-operated or hands-free
mode if the operator of the motor vehicle does not use the operator's
hands to operate the device, except for either of the following:
(a)
Using a single button press, tap, or swipe to activate or deactivate
a feature or function of the mobile electronic device or to select
a telephone number or name.
(b)
Using a mobile electronic device that is integrated into a motor
vehicle and utilizes the user interfaces that are permanently installed
into the motor vehicle.
(5)
The use of a mobile electronic device used for the sole purpose of
continuously recording or broadcasting video inside or outside of
a motor vehicle.
D.
E.
G.
This section is intentionally omitted.
H.
If an individual is responsible for three or more civil infractions for violations of Subsection A within a three-year period, a court shall order the individual to complete a basic driver improvement course within a reasonable time as determined by the court. This subsection does not apply to a violation of Subsection B.
I.
A police officer enforcing this section may treat a violation of
this section as the primary or sole reason for issuing a citation
to a driver. A police officer shall not search a motor vehicle or
the driver or passenger in the motor vehicle solely because of a violation
of this section.
J.
This section does not apply to any of the following:
(1)
A level 3, 4, or 5 automated driving system, as described in "J3016:
Taxonomy and Definitions for Terms Related to Driving Automation Systems
for On-Road Motor Vehicles," April 2021 edition, published by SAE
International, or an automated vehicle equipped with an automated
driving system as described in this subsection, during testing or
operation with the automated driving system engaged.
(2)
Viewing or using in a hands-free manner a device mounted in a vehicle
for displaying information related to testing or operating an automated
driving system or automated technology.
(3)
Operating, or programming the operation of, an automated motor vehicle
while testing or operating the automated motor vehicle without a human
operator while the automated driving system is engaged.
K.
This section does not apply beginning five years after the effective date of the amendatory ordinance that added Subsection L.
L.
As used in this section:
(1)
"Hold" means to physically support with any part of the hands, arms,
or shoulders.
(2)
"Mobile electronic device" means an electronic device that is not
permanently installed in a motor vehicle, including, but not limited
to, a device capable of text messaging, voice communication, entertainment,
navigation, accessing the internet, or producing email. Mobile electronic
device does not include either of the following:
(a)
A radio designed for the Citizens Band Service or the Amateur
Radio Service of the Federal Communications Commission or a commercial
two-way radio communications device or equipment permanently installed
in a motor vehicle.
(b)
A medical device that is designed to be worn, including, but
not limited to, an insulin pump.
(3)
"Operate" means to drive or assume physical control of a motor vehicle
on a public way, street, road, or highway, including operation while
temporarily stationary because of traffic, road conditions, a traffic
light, or a stop sign. Operate does not include a motor vehicle that
is lawfully parked.
(4)
"Social networking site" means any web-based service that allows
individuals to construct a profile within a founded system and communicate
with other users of the site for social or amusement purposes.
