[Ord. No. 99-6, 11-11-1999; Ord. No. RV-00, 3-9-2000]
All violations of this article are declared to be civil infractions,
as provided for in the Michigan uniform traffic code as adopted by
the Township. In addition to issuing civil infraction citations, any
deputy sheriff of the Ottawa County Sheriffs Department, or any Michigan
state police officer, shall have the authority to remove and tow away,
or have removed and towed away by a commercial towing service, any
vehicle parked in violation of this article where such parked vehicle:
constitutes a traffic hazard, blocks the use of a fire hydrant, or
obstructs or may obstruct the movement of any emergency vehicle. Cars
so towed away for illegal parking shall be stored in a safe place.
Cars towed away for illegal parking shall be restored to the owner
or operator of such car upon payment of any fine imposed pursuant
to this article and the reasonable towing and storage charges.
[Ord. No. 99-6, 11-11-1999]
Public Act No. 175 of 1958 (MCL 257.961), authorizes municipalities
to adopt ordinances governing the operation, parking without fees,
and the speed of motor vehicles upon properties of boards of education
or school districts lying within such municipalities upon the request
of the boards of education or school districts. The board of education
of the West Ottawa Public Schools (school district) adopted a resolution
on September 20, 1999 requesting the Township to adopt an ordinance
governing the operation, parking without fees (i.e., without fees
payable to the Township), and the speed of motor vehicles upon the
property of the school district lying within the municipal boundaries
of the Township.
[Ord. No. 99-6, 11-11-1999]
(a)
No person shall operate a motor vehicle over or upon property owned
by the school district within the municipal boundaries of the Township
except:
(b)
No person shall operate a motor vehicle over or upon property owned
by the school district within the municipal boundaries of the Township
in any manner that, or during times when, such operation is prohibited
by the school district as indicated in signs posted by the school
district. This shall include, but not be limited to, following the
indicated direction of vehicular traffic, such as one-way streets.
(c)
No person shall operate any motor vehicle upon any property owned
by the school district within the municipal boundaries of the Township
unless such person:
(1)
Is licensed as an operator or chauffeur as required by Michigan vehicle
code, Public Act No. 300 of 1949 (MCL 257.1 et seq.);
(2)
Has a state issued instruction permit and is accompanied by a licensed
operator or chauffeur who is actually occupying a seat beside the
driver; or
(3)
Is enrolled in a drivers training program sponsored by the school
district and is accompanied by the program instructor who is actually
occupying a seat beside the driver.
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No person shall fail to have his license or permit in his immediate
possession when driving a motor vehicle on property owned by the school
district within the municipal boundaries of the Township. Such license
or permit shall be submitted for examination upon request by any law
enforcement official.
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(d)
No person shall operate, nor shall any owner knowingly permit any
person to operate, upon property owned by the school district within
the municipal boundaries of the Township any vehicle of a type required
to be registered under the Michigan vehicle code, Public Act No. 300
of 1949 (MCL 257.1 et seq.), which is not registered or for which
a certificate of title has not been applied for or for which the appropriate
fee has not been paid when and as required by the Michigan vehicle
code (MCL 257.1 et seq.), except as provided under Section 217 of
the Michigan vehicle code (MCL 257.217). The certificate of registration
shall at all times be carried in the vehicle to which it refers or
shall be carried by the person driving or in control of such vehicle.
The certificate shall be submitted for examination upon request by
any law enforcement official.
(e)
No person shall operate, nor shall an owner knowingly permit to be
operated, a motor vehicle upon property owned by the school district
within the municipal boundaries of the Township without having his
motor vehicle equipped with a valid registration plate issued for
the vehicle by the Michigan Secretary of State for the current registration
year, as provided in the Michigan vehicle code, Public Act No. 300
of 1949 (MCL 257.1 et seq.). No person shall operate a motor vehicle
upon property owned by the school district within the municipal boundaries
of the Township displaying a registration plate other than the registration
plate issued for the vehicle by the Michigan Secretary of State, except
as provided under the Michigan vehicle code for nonresidents or by
assignment provided under Section 224(3) of the Michigan vehicle code
(MCL 257.224(3)).
(f)
No owner or operator of a motor vehicle who operates or permits its
operation upon property owned by the school district within the municipal
boundaries of the Township shall fail to produce, upon the request
of any law enforcement official, evidence that the vehicle is an insured
motor vehicle under Chapter 31 of the Michigan insurance code of 1956,
Public Act No. 218 of 1956 (MCL 500.3101 et seq.). No owner or operator
of a motor vehicle shall fail to have motor vehicle insurance for
the vehicle as required under such Act.
(g)
No person shall operate any motor vehicle upon property owned by
the school district within the municipal boundaries of the Township,
including, but not limited to, any area designated for the parking
of vehicles, in a careless, reckless or negligent manner or in any
other manner likely to endanger any person or property.
(h)
No person shall operate upon the property of the school district
within the Township a motorized recreational vehicle, including, but
not limited to, motorcycles, minibikes, snowmobiles, and motor scooters,
for recreational purposes. For purposes of this subsection, the use
of such motorized vehicles solely for the purpose of transporting
persons to and from school grounds shall not be deemed to be recreational
use. Notices large enough for a reasonably observant person to be
able to read shall be posted by the school district in prominent locations
upon such school grounds forbidding such recreational operation. Such
notices shall read: "The recreational use of motorcycles, snowmobiles,
minibikes and other recreational vehicles is prohibited on school
grounds."
[Ord. No. 99-6, 11-11-1999]
(a)
The school district, having jurisdiction over its property located
in the Township, shall designate parking areas for its various properties
located within the Township and shall cause lines or marks to be painted
on the surface of such parking areas and/or signs posted to designate
the spaces to be used for vehicular parking. The school district may
designate separate parking areas for staff, students, and visitors.
The school district may require parking permits for designated parking
areas. No person shall park any vehicle except in a location designated
as a parking area. No person shall park any vehicle across any lines
or marks, or park any vehicle in such a way that the vehicle is not
located within the area designated by such lines or markings unless
the vehicle is too large to be confined in one space.
(b)
No person shall park, stand, or stop a motor vehicle on any property
owned by the school district within the Township where lines, signs,
or any other similar markings prohibit parking, standing or stopping.
This shall include, but not be limited to, parking a motor vehicle
in an otherwise permitted parking area during any time period when
parking is specifically prohibited as indicated by signs posted by
the school district.
(c)
No person shall park a motor vehicle on any property owned by the
school district within the Township in a parking space clearly identified
by an official sign as being reserved for use by persons with disabilities,
unless the vehicle displays a registration plate for persons with
disabilities or sticker issued pursuant to Public Act No. 300 of 1949
(MCL 257.1 et seq.), and unless the person is either a person with
disabilities, as described in Section 19a of Public Act No. 300 of
1949 (MCL 257.19a), or is parking the vehicle for the benefit of a
person with disabilities.
(d)
While parking shall be without fees payable to the Township, no person
who is required by the school district to purchase or otherwise secure
a parking permit shall park upon the property of the school district
within the Township without a valid permit being displayed on the
vehicle in the manner required by the school district.
[Ord. No. 99-6, 11-11-1999]
Any person operating a motor vehicle on school district property
within the Township shall operate the vehicle at a careful, prudent
speed, not greater than nor less than is reasonable and proper, having
due regard for the traffic (both vehicular and pedestrian), the surface,
and the width of the traffic lane in which the vehicle is traveling
and of any other natural conditions then existing. In no event shall
such person operate a motor vehicle on school district property at
a speed greater than that which will permit the person to bring the
vehicle to a stop within an ensured clear distance. In no event shall
the speed of any vehicle operated on school district property exceed
20 mph or such other speed as may be posted by the school district.
