[Ord. No. 679,
passed 12-8-2003]
(a)
The Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, (including
all changes adopted by Public Act 61 of 2003) and all future amendments
and revisions thereto are hereby incorporated and adopted by reference.
(b)
The Uniform Traffic Code for Cities, Townships, and Villages, as
promulgated by the director of the Michigan Department of State Police
pursuant to the Administrative Procedures Act of 1969, 1969 PA 306,
MCL 24.201 to 24.328 and made effective October 30, 2002 and all future
amendments and revisions to the Uniform Traffic Code when they are
promulgated and effective in this state are incorporated by reference.
(c)
The penalties provided by the Michigan Vehicle Code are adopted by
reference. Provided, however, that the City may not enforce any provision
of the Michigan Vehicle Code for which the maximum period of imprisonment
is greater than 93 days.
(d)
The penalties provided by the Uniform Traffic Code for Cities, Townships,
and Villages are adopted by reference.
[Ord. No. 679,
passed 12-8-2003]
(a)
References in the Michigan Vehicle Code to "local authorities" shall
mean the City of Coldwater.
(b)
References in the Uniform Traffic Code for Cities, Townships, and
Villages, to a "governmental unit" shall mean the City of Coldwater.
(c)
In the event of a conflict between a generally applicable ordinance
of the City of Coldwater and a provision of Chapter 6 or 8 of the
Michigan Vehicle Code as adopted herein, the provision of the Michigan
Vehicle Code as adopted herein shall be controlling. In the event
of a conflict between a generally applicable ordinance of the City
of Coldwater and any other provision of the Michigan Vehicle Code
or the Uniform Traffic Code for Cities, Townships, and Villages as
adopted herein, the generally applicable ordinance shall be controlling.
In the event of a conflict between the Uniform Traffic Code for Cities,
Townships, and Villages, as adopted herein, and a provision of Chapter
6 or 8 of the Michigan Vehicle Code, as adopted herein, the provision
of the Michigan Vehicle Code, as adopted herein, shall be controlling.
In the event of a conflict between the Uniform Traffic Code for Cities,
Townships, and Villages, as adopted herein, and any other provision
of the Michigan Vehicle Code, as adopted herein, the provision of
the Uniform Traffic Code for Cities, Townships, and Villages as adopted
herein shall be controlling. References in other sections of the Codified
Ordinances to "Uniform Traffic Code" shall be deemed to refer to the
Michigan Vehicle Code and/or the Uniform Traffic Code for Cities,
Townships, and Villages as adopted herein.
[Ord. No. 679,
passed 12-8-2003; Ord. No. 700, passed 1-23-2006]
The City Clerk shall publish Ordinance 679 in the manner required
by law and shall publish at the same time a notice stating the purpose
of the Michigan Vehicle Code and the Uniform Traffic Code for Cities,
Townships, and Villages and the fact that a complete copy of each
Code is available to the public at the Office of the Clerk for inspection.
A complete copy of the Uniform Traffic Code for Cities, Townships,
and Villages and the Michigan Vehicle Code as adopted herein shall
be available at the Office of the City Clerk for inspection by the
public.
[Ord. No. 679,
passed 12-8-2003]
Rules 204, 447, 445a and 321(2) of the Uniform Traffic Code for Cities, Townships and Villages as adopted in Section 410.01 are deleted. The following sections identified as rules, are hereby added to the Uniform Traffic Code for Cities, Townships and Villages, as adopted in Section 410.01, as set forth below.
Rule 1.
Exhibition Driving Defined and Prohibited; Violation is a Civil Infraction.
[Added 5-23-2022 by Ord. No. 852]
(1)
No operator of a motor vehicle shall engage in exhibition driving.
“Exhibition driving” is the driving of a motor vehicle
upon a highway or a frozen public lake, stream or pond or other place
open to the general public, including, but not limited to, any area
designated for the parking of motor vehicles, in an unusual manner
or out of the usual flow of traffic, whether or not other traffic
is present, such that it is likely to attract the attention of the
public, whether or not there is anyone present, or consisting of any
two or more of the following acts:
(a)
Rapid acceleration;
(b)
Squealing, peeling or burning of the tires;
(c)
The swaying of the motor vehicle from side to side, commonly
referred to as fishtailing;
(d)
Racing or running of the engine of a motor vehicle at such a
speed (revolutions per minute) as to cause, in combination with the
engaging of the gears, excessive or unusual noise;
(e)
Unnecessary and excessive changing of lanes; and
(f)
The emission of any unreasonably loud, raucous, disturbing or
unnecessary notice from the engine or exhaust system of any motor
vehicle.
(2)
person who violates this rule is responsible for a civil infraction.
Rule 498a.
Production of
evidence of insurance.
(1)
The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the streets and highways of the City or the operator of the motor vehicle shall produce, pursuant to subsection (2) hereof, upon the request of a police officer, evidence that the motor vehicle is insured under Chapter 31 of Act 218 of the Public Acts of 1956, as amended, being 500.3101 to 500.3179. An owner or operator of a motor vehicle who fails to produce evidence under this subsection when requested to produce that evidence is responsible for a civil infraction.
(2)
A certificate of insurance, if issued by an insurance
company, which certificate states that security which meets the requirements
of Sections 3101 and 3102 of Act 218 of the Public Acts of 1956, as
amended, being M.C.L.A. 500.3101 and 500.3102, is in force shall be
accepted as prima-facie evidence that insurance is in force for the
motor vehicle described in the certificate of insurance until the
expiration date shown on the certificate. The certificate, in addition
to describing the motor vehicles for which insurance is in effect,
shall state the name of each person named on the policy, policy declaration,
or a declaration certificate, whose operating of the vehicle would
cause the liability coverage of that insured to become void.
(3)
If an owner of a motor vehicle is determined to be responsible for a violation of subsection (1) hereof, the court in which the civil infraction determination is entered may require the person to surrender his or her operator's or chauffeur's license unless proof that the vehicle has insurance meeting the requirements of Section 3102 of Act 218 of the Public Acts of 1956, as amended, is submitted to the court. If the court requires the license to be surrendered, the court shall order the secretary of state to suspend the person's license and shall forward the surrendered license and a certificate of civil infraction to the secretary of state. Upon receipt of the certificate of civil infraction and the surrendered license, the secretary of state shall suspend the person's license beginning with the date on which a person is determined to be responsible of the civil infraction for a period of 30 days or until proof of insurance which meets the requirements of Section 3102 of Act 218 of the Public Acts of 1956, as amended, is submitted to the secretary of state, whichever occurs later. If the license is not forwarded, an explanation of the reason why it is not forwarded shall be attached. A person who submits proof of insurance to the secretary of state under this subsection shall pay a service fee of $10 to the secretary of state. The person shall not be required to be examined as set forth in M.C.L.A. 257.320c.
(4)
An owner or operator of a motor vehicle who knowingly
produces false evidence under this section is guilty of a misdemeanor,
punishable by imprisonment for not more than 90 days, or a fine of
not more than $500, or both.
(5)
Points shall not be entered on a driver's record
pursuant to M.C.L.A. 27.320a for a violation of this section.
(6)
This section does not apply to the owner or operator
of a motor vehicle that is registered in a state other than this state
or a foreign country or province.
Rule 618a.
Protective boots
or shoes required.
(1)
No person shall operate or ride upon any motor-driven
cycle, motor bicycle or motorcycle in the City unless such operator
or rider is wearing protective boots or shoes of leather or a similar
substance. It is the intent of this section to minimize the possibility
of accidental injury to operators and riders of such motorcycles,
motor-driven cycles and motor bicycles.
(2)
A person who violates this section is responsible
for a civil infraction.
Rule 822a.
Stopping, standing
or parking vehicles; violation as civil infraction.
(1)
A person shall not stop, stand or park a vehicle
in violation of MCL 257.674, or in any of the following places, except
if necessary to avoid conflict with other traffic or to comply with
the law or the directions of a police officer or traffic-control device:
(a)
Within 200 feet of an accident at which a police
officer is in attendance.
(b)
On a street in such a way as to obstruct the delivery
of mail to a mailbox by a carrier of the United States Postal Service.
(c)
Between the sidewalk and the normal curb line of
any street unless a parking area in that area shall be so designated
by official signs or markings.
(d)
On any street or alley between the hours of 2:00
a.m. and 6:00 a.m. of any day.
(e)
In any designated fire lane.
(2)
A person who violates this section is responsible
for a civil infraction.
(3)
Any vehicle in violation of this section may be
impounded if, in the opinion of the police officer impoundment is
necessary for the public safety or security. The owner of any vehicle
impounded for a violation of this section shall pay, in addition to
such fines as may be levied, the costs of such impounding and storage
of the vehicle before the vehicle may be released.
Rule 822b.
Parking on school-owned or controlled
property; violation as civil infraction.
(1)
A person shall not park a vehicle or trailer on
property owned or controlled by Coldwater Community Schools, in the
parking areas of such Schools, contrary to the prohibitions contained
on posted signs.
(2)
A person shall park a vehicle or trailer on property
owned or controlled by Coldwater Community Schools only in designated
parking areas.
(3)
A driver of a vehicle shall not impede or obstruct
marked or designated driving lanes within the parking lots or areas
of property owned or controlled by Coldwater Community Schools.
(4)
A person who violates this section is responsible
for a civil infraction.
Rule 822c.
Unattended motor vehicles: violation
as civil infraction.
(1)
A person owning or having control or charge of
a vehicle, trailer or semitrailer (referred to hereinafter as a vehicle)
shall not allow that vehicle to stand in any public or private place,
or allow any engine or motor of that vehicle, or any auxiliary motor
connected with that vehicle, to continue to operate for 15 minutes
or more when the vehicle is unattended. A vehicle is deemed to be
unattended if the operator thereof is not in the vehicle or immediately
adjacent to the vehicle. The provisions of this section shall not
apply to any parking lot approved by the Chief of Police as one where
vehicles are permitted to have the engines or motors, or motors connected
with the vehicles, run without drivers being in attendance.
(2)
A person who violates this section is responsible
for a civil infraction.
Rule 822d.
Parking of commercial vehicles
in City lots; violation as civil infraction.
(1)
A person shall not park any vehicle which exceeds
24 feet in length, and any combination of vehicle, truck, tractor,
trailer, semitrailer, bus or other vehicle which, in combination,
exceeds 24 feet in length, in any parking lot owned or operated by
the City.
(2)
A person who violates this section is responsible
for a civil infraction.
Rule 903a.
Additional penalties.
(1)
As part of the sentence for conviction of any of
the following offenses, in addition to any other penalty authorized
by law, the Court may order the person convicted, or who pleads to
such a charge, to reimburse the local unit of government for expenses
incurred in relation to that incident, including, but not limited
to, expenses for emergency response and expenses for prosecuting the
person, as provided in this section:
(a)
A violation of Section 625(1), (3), (4), (5), (6),
or (7) or Section 625m of the Michigan Vehicle Code. Act 300 of the
Public Acts of 1949, being M.C.L.A. 257.625 and 257.625m, as amended,
or of any local ordinance substantially corresponding to Section 625(1),
(3) or (6) or Section 625 of the Michigan Vehicle Code. Act 300 of
the Public Acts of 1949, being M.C.L.A. 257.625 and 257.625m, as amended.
(b)
Felonious driving, negligent homicide, manslaughter,
or murder resulting from the operation of a motor vehicle, snowmobile,
ORV, aircraft, vessel, or locomotive engine while the person was impaired
by or under the influence of intoxicating liquor or a controlled substance,
as defined in Section 7104 of the Public Health Code, Act 368 of the
Public Acts of 1978, being M.C.L.A. 333.7104, or a combination of
intoxicating liquor and a controlled substance, or had an unlawful
blood alcohol content.
(c)
A violation of Section 82127 of the Natural Resources
and Environmental Protection Act, Act 451 of the Public Acts of 1994,
being M.C.L.A. 324.82127.
(d)
A violation of Section 81134 or 81135 of the Natural
Resources and Environmental Protection Act, Act 451 of the Public
Acts of 1994, being M.C.L.A. 324.81134 and 324.81135.
(e)
A violation of Section 185 of the Aeronautics Code
of the State of Michigan, Act 327 of the Public Acts of 1945, being
M.C.L.A. 259.185.
(f)
A violation of Section 80176(1), (3), (4), or (5)
of the Natural Resources and Environmental Protection Act, Act 451
or the Public Acts of 1994, being M.C.L.A. 324.80176, or a local ordinance
substantially corresponding to Section 80176(1) or (3) of the Natural
Resources and Environmental Protection Act, Act 451 of the Public
Acts of 1994, being M.C.L.A. 324.80176.
(g)
A violation of Section 353 or 355 of the Railroad
Code of 1993, Act 354 of the Public Acts of 1993, being M.C.L.A. 462.353
and 462.355.
(2)
The expenses for which reimbursement may be ordered
under this section include all of the following:
(a)
The salaries or wages, including overtime pay,
of law enforcement personnel for time spent responding to the incident
from which the conviction arose, arresting the person convicted, processing
the person after the arrest, preparing reports on the incident, investigating
the incident, and collecting and analyzing evidence, including, but
not limited to, determining bodily alcohol content and determining
the presence of and identifying controlled substances in the blood,
breath, or urine.
(b)
The salaries, wages, or other compensation, including
overtime pay, of fire department and emergency medical service personnel,
including volunteer fire fighters or volunteer emergency medical service
personnel, for time spent in responding to and providing fire fighting,
rescue, and emergency medical services in relation to the incident
from which the conviction arose.
(c)
The cost of medical supplies lost or expended by
fire department and emergency medical service personnel, including
volunteer fire fighters or volunteer emergency medical service personnel,
in providing services in relation to the incident from which the conviction
arose.
(3)
If police or fire department or emergency medical service personnel from more than 1 unit of government incurred expenses as described in subsection (2), the court may order the person convicted to reimburse each unit of government for the expenses it incurred.
(4)
The amount ordered to be paid under this section
shall be paid to the clerk of the court, who shall transmit the appropriate
amount to the unit or units of government named in the order to receive
reimbursement. If not otherwise provided by the court under this subsection,
the reimbursement ordered under this section shall be made immediately.
However, the court may require that the person make the reimbursement
ordered under this section within a specified period or in specified
installments.
(5)
If the person convicted is placed on probation
or paroled, any reimbursement ordered under this section shall be
a condition of that probation or parole. The court may revoke probation
and the parole board may revoke parole if the person fails to comply
with the order and if the person has not made a good faith effort
to comply with the order. In determining whether to revoke probation
or parole, the court or parole board shall consider the person's employment
status, earning ability, number of dependents, and financial resources,
the willfulness of the person's failure to pay, and any other special
circumstances that may have a bearing on the person's ability to pay.
(6)
An order for reimbursement under this section may
be enforced by the prosecuting attorney or the State or local unit
of government named in the order to receive the reimbursement in the
same manner as a judgment in a civil action.
(7)
Notwithstanding any other provision of this section,
a person shall not be imprisoned, jailed, or incarcerated for a violation
of parole or probation, or otherwise, for failure to make a reimbursement
as ordered under this section unless the court determines that the
person has the resources to pay the ordered reimbursement and has
not made a good faith effort to do so.
(8)
A local unit of government may elect to be reimbursed
for expenses under this section or a local ordinance, or a combination
of this section and a local ordinance.
(9)
As used in this section:
(a)
AIRCRAFT — Means that term as defined in
Section 4 of the Aeronautics Code of the State of Michigan, Act 327
of the Public Acts of 1945, being M.C.L.A. 259.4.
(b)
LOCAL UNIT OF GOVERNMENT — Means a City,
village, township, or county.
(c)
MOTOR VEHICLE — Means that term as defined
in Section 33 of the Michigan Vehicle Code, Act 300 of the Public
Acts of 1949, being M.C.L.A. 257.33.
(d)
ORV — Means that term as defined in Section
81101 of the Natural Resources and Environmental Protection Act, Act
451 of the Public Acts of 1994, being M.C.L.A. 324.81101.
(e)
SNOWMOBILE — Means that term as defined in
Section 82101 of the Natural Resources and Environmental Protection
Act, Act 451 of the Public Acts of 1994, being M.C.L.A. 324.82101.
(f)
VESSEL — Means that term as defined in Section
80108 of the Natural Resources and Environmental Protection Act, Act
451 of the Public Acts of 1994, being M.C.L.A. 324.80108.
Rule 1031.
Operation on designated
public and private property. A snowmobile shall be operated within
the corporate limits of this governmental unit only on public property
and private property open to the public which has been so designated
by the governing body of this governmental unit, or on property owned
or under the control of the owner of the snowmobile.
Rule 1039.
Operation on roadway prohibited;
exceptions.
(1)
A person shall not operate a snowmobile on any
roadway within the corporate limits of this governmental unit, with
the following exceptions:
(a)
The chief of police is hereby authorized to permit
the operation of a snowmobile on a roadway when, because of snow or
other extreme roadway conditions, conventional motor vehicles cannot
be used for necessary transportation.
(b)
A snowmobile may be operated on a roadway when
necessary to cross the roadway or to cross a bridge or culvert. The
snowmobile shall be brought to a complete stop before entering onto
the roadway, and the operator shall yield the right-of-way to a vehicle
approaching on the roadway.
(c)
A snowmobile may be operated on a roadway only
for a distance of not more than 500 feet while traveling to an area
approved for snowmobile use or between two approved areas.
(2)
A person shall not operate a snowmobile in any
of the following locations:
(a)
In a forest nursery or a planting area or, if vegetation
might be damaged, on public lands which are posted or which are reasonably
identifiable as an area of forest reproduction or as a natural dedicated
area in Michigan's lower peninsula.
(b)
On the frozen surface of public waters within 100
feet of a person, including a skater, who is not in or on a snowmobile,
or within 100 feet of a fishing shanty or shelter, except at the minimum
speed required to maintain forward movement of the snowmobile, or
in an area that has been cleared of snow for skating purposes, unless
the area is necessary for access to the public water.
(c)
In an area in which public hunting is permitted
during the season open to the taking of deer with firearms from 7:00
a.m. to 11:00 a.m. and from 2:00 p.m. to 5:00 p.m., except during
an emergency; for law enforcement purposes; to go to an from a permanent
residence of a hunting camp otherwise inaccessible by a conventional
wheeled vehicle; for the conduct of necessary work functions involving
land and timber survey, communication and transmission line patrol,
and timber harvest operations; or on the person's own property, property
under the person's control, or property on which the person is an
invited guest.
(d)
On or across a cemetery or burial ground.
(e)
Within 100 feet of a slide, ski, or skating area.
A snowmobile may enter such an area for the purpose of servicing the
area or for medical emergencies.
(f)
On a railroad or railroad right-of-way, except
when the railroad, a public utility, or a law enforcement employee
is performing an official duty.
(g)
On a City owned park.
(3)
A person shall not transport a bow or firearm on
a snowmobile unless the bow is unstrung or the firearm is securely
encased or equipped with, and made inoperable by, a manufactured,
key-locked, trigger-housing mechanism.
