[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 4-8-1991 by Ord. No. 91-008. Amendments noted where applicable.]
Traffic rules and regulations — See MCLA §§ 257.601 et seq., 257.634 et seq.; 257.951 et seq.
The purpose of this chapter is to provide for the enforcement of vehicle size, weight and load restrictions within the City in order to reduce damage to the roads and bridges within the City of Monroe caused by overweight trucks; to reduce the cost of replacing and maintaining those portions of the infrastructure affected by said overweight vehicles; to provide for City police officers certified in motor carrier enforcement to effectively carry out their duties in restricting vehicles to size, weight and load restrictions specified under state statute and under the regulations of the Department of State Police; and to promote safety for residents of the City of Monroe.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- MOTOR VEHICLE
- A vehicle which is self-propelled or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
- A vehicle, with or without motive power, designed for carrying property and for being drawn by a motor vehicle.
- A motor vehicle designed, used or maintained primarily for the transportation of property.
- TRUCK TRAILER
- A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
The local authority designated in this chapter shall be the Chief of Police of the City of Monroe or his or her designees.
The Monroe Police Department shall enforce this chapter.
A person shall not drive, and an individual, partnership, association, corporation, or their lessees or receivers appointed by any court shall not employ, engage, hire or contract for hire any person to operate, drive or maintain, any truck, truck tractor or trailer unless the person meets the qualifications set forth by the Department of State Police.
An individual, partnership, association, corporation or its lessees or receivers appointed by any court shall not operate any truck, truck tractor or trailer or permit any person to drive any truck, truck trailer or trailer which does not meet driver or operator safety standards and safety standards for equipment and devices on trucks, truck tractors or trailers and the loading and unloading thereof as set forth in rules promulgated by the Department of State Police.
[Amended 10-2-2006 by Ord. No. 06-013]
The rules and regulations and amendments made thereto, from time to time, as promulgated by the Department of State Police pursuant to the Michigan Motor Carrier Safety Act, MCLA §§ 480.11 through 480.22, and made effective October 20, 2005, are adopted and incorporated by reference as though fully set forth herein.
All sections of the Michigan Motor Carrier Safety Act incorporated by reference herein shall be identified and designated with the prefix 590MC, of which 590 is the identification number (ORI) of the Monroe Police Department in the Michigan State Police Law Enforcement Information Network (LEIN), and MC identifies the violation as falling under the Michigan Motor Carrier Safety Act.
The penalties provided by the Motor Carrier Safety Act, as amended, and the provisions of the state laws herein adopted by reference are hereby adopted as the penalties for violations of the corresponding provisions of this chapter.
Any driver or operator who violates this chapter or a rule or regulation adopted by reference by § 440-7, or any owner or user of any truck, truck tractor or trailer, or any officer or agent of any individual, partnership, corporation or association or their lessees or receivers appointed by any court who or which is the owner or user of any vehicle, who or which requires or permits a driver or operator to operate or drive any truck, truck tractor or trailer in violation of this chapter or a rule or regulation adopted by reference by § 440-7, shall be subject to the penalty provided in § 440-12.
A peace officer, upon reasonable cause to believe that a motor vehicle is being operated in violation of this chapter or a rule or regulation adopted by reference by § 440-7, may stop the motor vehicle and inspect the motor vehicle. If a violation is found, the officer may issue a notice to appear for that violation.
When any provision of this chapter or any rule or regulation adopted by reference by § 440-7 has been violated, the offense may be prosecuted in any City in or through which the motor vehicle, driver or operator implicated was situated or passed when the offense was committed.
Editor's Note: Original Section 450.10, Vehicle safety; inspection program, which immediately followed this section, was repealed 10-2-2006 by Ord. No. 06-013.
[Amended 10-2-2006 by Ord. No. 06-013]
Definitions. As used in this section, the following terms shall have the meaning indicated:
- Any two or more load-carrying wheels mounted in a single transverse vertical plane.
- COMMERCIAL MOTOR VEHICLE
- A road tractor, or a truck tractor or a truck having more than two axles if the road tractor or truck tractor is propelled by motor fuel. "Commercial motor vehicle" shall not include a road tractor or a truck tractor owned by a farmer and used in connection with the farmer's farming operation and not used for hire.
- The Revenue Division of the Department of Treasury.
- MOTOR CARRIER
- A person who operates or causes to be operated a commercial motor vehicle on a public road or highway in this City.
- MOTOR FUEL
- Diesel motor fuel as defined by Act 150 of the Public Acts of 1927 (MCLA § 207.101 et seq.; MSA 7.291 et seq.), as amended.
- NONPROFIT, PRIVATE, PAROCHIAL, DENOMINATIONAL OR PUBLIC SCHOOL, COLLEGE OR UNIVERSITY
- An elementary, secondary or postsecondary educational facility.
- A natural person, partnership, firm, association, joint-stock company, syndicate or corporation and any receiver, trustee, conservator or officer, other than a unit of government, having jurisdiction and control of property by virtue of law or by appointment of a court.
- PUBLIC ROADS OR HIGHWAYS
- A road, street or place maintained by this City and generally open to use by the public as a matter of right for the purpose of vehicular travel, notwithstanding that they may be temporarily closed or travel restricted for the purpose of construction, maintenance, repair or reconstruction.
- ROAD TRACTOR
- A motor vehicle designed and used for drawing other vehicles, but not constructed to carry any load either independently or as a part of the weight of the vehicle or load being drawn.
- A motor vehicle designed, used or maintained primarily for transportation of property.
- TRUCK TRACTOR
- A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load being drawn.
Motor carrier license.
No person shall act as a motor carrier in this City unless the person is the holder of an unrevoked license issued by the Department.
The license shall be affixed to the right-hand side of the cab of every commercial vehicle while it is being operated in this state by a licensed motor carrier.
A motor carrier may obtain a trip permit which shall authorize an unlicensed motor carrier to operate one specific commercial motor vehicle in this City for a period of five consecutive days, beginning and ending on the dates specified on the face of the permit. The trip permit shall be issued instead of a license only if the motor carrier operates on public roads or highways in this City not more than three times in one calendar year.
The trip permit may be obtained from the Department by application in the same manner as a license, or may be made available by contacting the Department by telegram or similar transmission. The cost of a telegram or similar transmission shall be the responsibility of the motor carrier requesting the trip permit.
Violations; penalties; revocation of license.
A person who makes a false statement or return, who refuses or neglects to make a statement or return required by this chapter, who engages in business in this state as a motor carrier without being a holder of an unrevoked license to engage in this business as provided in this chapter, or who in any way violates this chapter, except as specifically provided by this chapter, is guilty of a misdemeanor and shall be subject to the penalty provided in § 440-12.
[Amended 10-7-1996 by Ord. No. 96-019; 12-4-2000 by Ord. No. 00-018; 12-18-2006 by Ord. No. 06-021]
Definitions. As used in this section, the following terms shall have the meaning indicated:
- A privately or publicly owned motor vehicle for highway use which is specially designed or constructed and equipped, which is intended to be used for, and is maintained or operated for, the transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless, including dual purpose police patrol cars and funeral coaches or hearses, and which is equipped according to Section 7 of Act 257 of the Public Acts of 1968, as amended (MCLA § 257.1207).
- AUTHORIZED EMERGENCY VEHICLE
- A vehicle of the fire department, a police vehicle, an ambulance, a privately owned motor vehicle of a volunteer or paid firefighter, or a privately owned motor vehicle of a volunteer ambulance driver or a licensed ambulance driver or attendant as is authorized by the Department of State Police.
- GROSS WEIGHT
- The weight of a vehicle without load plus the weight of a load thereon.
- LOCAL TRUCK
- A trucks delivering to or picking up from local businesses and/or residences.
- Every vehicle, with or without motor power, other than a pole trailer, which is designed to carry persons or property and to be drawn by a motor vehicle and which is constructed such that some part of its weight and its load rests on, or is carried by, another vehicle.
- THROUGH TRUCK
- A truck passing through the City which is not making a local delivery or pickup.
- Every motor vehicle designed, used or maintained primarily for transportation of property and shall include "truck tractor", "trailer" and "semitrailer," as defined in the Michigan Vehicle Code, but does not include recreational vehicles.
Editor's Note: MCLA § 257.1207 was repealed by Act 330 of the Public Acts of 1976, § 16.
Designation of routes; weight limits on other streets.
Through truck routes. The operation of any through truck exceeding 30 feet in length or 12 tons gross vehicle weight is prohibited on every street in the City except the following streets, which shall be designated as through truck routes (all streets to be within the City limits of Monroe):
Local truck routes. The operation of any local truck exceeding 30 feet in length or 12 tons gross vehicle weight is prohibited upon every street in the City except the following streets, which shall be designated as local truck routes (all streets to be within the City limits of Monroe):
This section shall not be used to prohibit deliveries or pickups by trucks to and from the nearest truck route to existing businesses by the nearest/shortest route both to the delivery/pickup and from the delivery/pickup.
This section shall not be used to prohibit deliveries or pickups to or from residents, where the deliveries or pickups are of merchandise of the type to be utilized in the residences.
This section shall not be used to prohibit the following:
The operation of emergency vehicles upon any street in the City.
The operation of trucks owned or operated by the City, any government agency, public utilities or any contractor or materialman, while engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the City.
The operation of a truck upon any official detour in any case where such truck could lawfully be operated upon the street for which such detour is established.
The hauling of an extraordinarily heavy load of equipment which does not permit a division thereof and which is in excess of 700 pounds per inch in width of tires, as set forth in the Michigan Vehicle Code, is allowed under unusual conditions, provided that a moving permit is first obtained and provided that the approval of the designated officials of the City is first obtained in accordance with Chapter 1470 of the Building and Housing Code.
Editor's Note: Chapter 1470, Moving of Buildings, of the 1995 Codified Ordinances of Monroe, was repealed 3-2-2009 by Ord. No. 09-002.
Weighing. For the purposes of the enforcement of this section, it shall be the duty of any person who shall be driving or in charge or control of any truck which may be upon any street in the City upon which truck travel is limited or restricted, upon the demand of any police officer, to proceed to any public or private scale available for the purpose of weighing and determining whether the weight thereof is in excess of the weight limit permitted upon such street.
Parking on City streets. Trucks shall not park on any City street.
[Amended 4-8-1991 by Ord. No. 91-007; 4-8-1991 by Ord. No. 91-008; 2-22-2005 by Ord. No. 05-002; 12-18-2006 by Ord. No. 06-021]
Whoever violates any of the provisions of this chapter, for which no penalty is otherwise provided, is guilty of a misdemeanor and shall be fined not more than $100 or imprisoned not more than 90 days, or both, for each offense.
Whoever violates any of the provisions of Section 450.17 shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned not more than 90 days, or both.
Editor's Note: Original Section 450.17 of the 1995 Codified Ordinances, entitled "Spilling load on highway; vehicles carrying logs and tubular products," was repealed 10-2-2006 by Ord. No. 06-013.
Whoever violates § 440-11E shall be responsible for a civil infraction and shall be subject to a fine in the amount of $100.
Unless otherwise stated herein; any person responsible for a civil infraction shall be subject to the civil fine set forth in the section in which the civil infraction is set forth.