City of Kalamazoo, MI
Kalamazoo County
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Table of Contents
Table of Contents

§ 36-94 Immobilization and impoundment of motor vehicles.

§ 36-95 State operator's or chauffeur's license.

§ 36-96 General duty to use due care.

§ 36-97 Duty to drive on right half of roadway.

§ 36-98 Passing vehicle proceeding in opposite direction.

§ 36-99 Passing vehicle proceeding in same direction — Generally.

§ 36-100 Same — On right.

§ 36-101 Same — Duty of driver of overtaken vehicle.

§ 36-102 Same — No-passing zones.

§ 36-103 Starting; stopping or turning generally; signals.

§ 36-104 Method of turning at intersection, alley or driveway.

§ 36-105 Prohibited turns.

§ 36-106 Right-of-way at intersections generally.

§ 36-107 Right-of-way when turning left at intersection.

§ 36-108 Stop and yield intersections.

§ 36-109 Right-of-way of authorized prosecutions.

§ 36-109.1 Stopping for school bus displaying flashing red lights; exception; violation as civil infraction; meeting stopped school bus on divided highway; evidence; community service.

§ 36-109.2 Regulations governing stopping of school buses to receive or discharge pupils.

§ 36-109.3 Failure to stop for school crossing guard; misdemeanor; presumption.

§ 36-110 Procedure upon approach of authorized emergency vehicle.

§ 36-111 Duty to stop at railroad crossing upon approach of train.

§ 36-112 Driving through, around or under railroad crossing gate.

§ 36-113 Emerging from alley, private road or driveway.

§ 36-114 Obstructing intersections or crosswalks.

§ 36-115 Driving on sidewalks.

§ 36-116 Driving across curb.

§ 36-117 Driving through safety zone.

§ 36-118 Driving on three-lane roadway.

§ 36-119 Designation of and driving on one-way streets and alleys.

§ 36-120 Driving on pedestrian, special event or play street.

§ 36-121 Following too closely.

§ 36-122 Following fire apparatus or driving near scene of fire.

§ 36-123 Driving over fire hose.

§ 36-124 Limitations on backing.

§ 36-125 Speed restrictions.

§ 36-126 Racing and exhibition driving.

§ 36-127 Reckless driving.

§ 36-128 Careless or negligent driving.

§ 36-129 Driving while under the influence of alcohol, a controlled substance, or both.

§ 36-129.1 Preliminary chemical breath analysis.

§ 36-130 Open liquor containers in vehicles on highways and streets.

§ 36-131 Operation of motorcycles and motor-driven cycles.

§ 36-132 Production of evidence of insurance.

§ 36-133 Civil recovery of expenses for public safety responses to incidents involving drivers under the influence.

§ 36-134 Transporting marihuana in motor vehicles.

§ 36-135 through § 36-142. (Reserved)

§ 36-94 Immobilization and impoundment of motor vehicles.

[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.

§ 36-95 State operator's or chauffeur's license.

[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.

§ 36-96 General duty to use due care.

[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.

§ 36-97 Duty to drive on right half of roadway.

[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.

§ 36-98 Passing vehicle proceeding in opposite direction.

[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.

§ 36-99 Passing vehicle proceeding in same direction — Generally.

[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.

§ 36-100 Same — On right.

[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]

§ 36-101 Same — Duty of driver of overtaken vehicle.

[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.

§ 36-102 Same — No-passing zones.

[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.

§ 36-103 Starting; stopping or turning generally; signals.

[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.

§ 36-104 Method of turning at intersection, alley or driveway.

[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.

§ 36-105 Prohibited turns.

[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.

§ 36-106 Right-of-way at intersections generally.

[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.
C. 
The right-of-way rules declared in Subsections A and B are modified at through highways and otherwise as stated in this article.
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.

§ 36-107 Right-of-way when turning left at intersection.

[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.

§ 36-108 Stop and yield intersections.

[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.

§ 36-109 Right-of-way of authorized prosecutions.

[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.

§ 36-109.1 Stopping for school bus displaying flashing red lights; exception; violation as civil infraction; meeting stopped school bus on divided highway; evidence; community service.

[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.

§ 36-109.2 Regulations governing stopping of school buses to receive or discharge pupils.

[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.

§ 36-109.3 Failure to stop for school crossing guard; misdemeanor; presumption.

[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.

§ 36-110 Procedure upon approach of authorized emergency vehicle.

[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.

§ 36-111 Duty to stop at railroad crossing upon approach of train.

[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.

§ 36-112 Driving through, around or under railroad crossing gate.

[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.

§ 36-113 Emerging from alley, private road or driveway.

[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.

§ 36-114 Obstructing intersections or crosswalks.

[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.

§ 36-115 Driving on sidewalks.

[Traf. Code § 40]
The driver of a vehicle shall not drive upon or within any sidewalk area, except at a driveway.

§ 36-116 Driving across curb.

[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.

§ 36-117 Driving through safety zone.

[Traf. Code § 41]
No vehicle shall at any time be driven through or within an occupied safety zone.

§ 36-118 Driving on three-lane roadway.

[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.

§ 36-119 Designation of and driving on one-way streets and alleys.

[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.

§ 36-120 Driving on pedestrian, special event or play street.

[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.

§ 36-121 Following too closely.

[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.

§ 36-122 Following fire apparatus or driving near scene of fire.

[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.

§ 36-123 Driving over fire hose.

[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.

§ 36-124 Limitations on backing.

[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.

§ 36-125 Speed restrictions.

[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.

§ 36-126 Racing and exhibition driving.

[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.

§ 36-127 Reckless driving.

[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.

§ 36-128 Careless or negligent driving.

[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.

§ 36-129 Driving while under the influence of alcohol, a controlled substance, or both. [1]

[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)
He or she shall not operate a vehicle in violation of Subsection (1), (3), or (8) 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 crime punishable as follows:
(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)
If a person is convicted of violating Subsection (1) or (8), 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, 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 special verdict described in Subsections (18) and (19) is not required if a jury is instructed to make a finding solely as to either of the following:
(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)
The court may order as a condition of probation that a person convicted of violating Subsection (1) or (8) shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under MCL § 257.625k and MCL § 257.625l.
(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.

§ 36-129.1 Preliminary chemical breath analysis.

[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.

§ 36-130 Open liquor containers in vehicles on highways and streets.

[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.

§ 36-131 Operation of motorcycles and motor-driven cycles.

[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.
B. 
The operators of motorcycles or motor-driven cycles shall not ride more than two abreast on any roadway and shall comply with the seating and control requirements prescribed for bicyclists in §§ 36-216 and 36-220.

§ 36-132 Production of evidence of insurance.

[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.

§ 36-133 Civil recovery of expenses for public safety responses to incidents involving drivers under the influence.

[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.

§ 36-134 Transporting marihuana in motor vehicles. [1]

[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:
(1) 
Enclosed in a case that is carried in the trunk of the vehicle; or
(2) 
Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.
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.
[1]
Editor's Note: See also § 22-39, Marijuana possession; penalty.

§ 36-135 through § 36-142. (Reserved)