[Adopted 8-2-2004 by Ord. No. 281 (Ch. 74, Art. III, Div.
1, of the 2000 Code of Ordinances); amended in its entirety 1-17-2022 by Ord. No. 373]
To facilitate the removal of snow from Village streets and roads,
no person shall park or stop a vehicle as defined in the Uniform Traffic
Code and the Michigan Motor Vehicle Code within five feet of the edge
of the traveled portion of any Village street or road or in any municipal
parking lot between the hours of 2:00 a.m. and 6:00 a.m. from December
1 to April 1 of each year.
When erected parking signs limit the time for which a person
may park or stop a vehicle in a particular parking space, zone or
lot, no person shall stop or park a vehicle in the space, zone or
lot for a period longer than designated on the parking sign during
the period of time the time limits are in force as designated on the
parking sign.
A.
A disabled person is a person who, for the purposes of this article,
has a physical characteristic categorized as a disability that limits
ambulation or necessities the use of a wheelchair for mobility.
B.
No person shall stop, stand or park a vehicle in a parking space clearly identified by an official sign as being reserved for use by disabled persons which is on public property or private property available for public use unless the person is a disabled person as described in Subsection A of this section unless the person is parking the vehicle for the benefit of a disabled person. A certificate of identification issued under MCLA § 257.675(5) to a disabled person shall be displayed in the lower left corner of the front windshield, or a special registration plate issued under MCLA § 257.803d to a disabled person shall be displayed on the vehicle.
A.
Creation. Pursuant to Public Act No. 154 of 1968 (MCLA § 600.8101
et seq.), and for the purpose of disposing of parking violations,
the Village establishes a Parking Violations Bureau to be under the
supervision and control of the Village Manager or their designee.
This Bureau shall be located at the Village and shall be administered
and operated by the Village Manager or their designee.
B.
Jurisdiction. Only those violations scheduled in § 365-13 shall be disposed of by the Parking Violations Bureau. In any case, the Village Manager or their designee may decline or refuse to dispose of a parking violation at the Parking Violations Bureau. In such case, any person having knowledge of the facts may file a sworn complaint before any court having jurisdiction of the offense as provided by law.
C.
Rights of violator. No violation may be settled at the Parking Violations
Bureau except at the specific request of the alleged violator. No
penalty for any violation shall be accepted from any person who denies
having committed the offense, and in no case shall the Village Manager
or their designee determine or attempt to determine the truth or falsity
of any fact or matter relating to such alleged violation. No person
shall be required to dispose of a parking violation at the Parking
Violations Bureau, and all persons shall be entitled to have any such
violation processed before a court having jurisdiction if they so
desire. The unwillingness of any person to dispose of any violation
at the Parking Violations Bureau shall not prejudice that individual
or in any way diminish the rights, privileges and protection afforded
by law.
The issuance of a parking ticket shall be deemed an allegation
of a parking violation. Such parking ticket shall indicate that the
ticket may be disposed of at the Parking Violation Bureau, the location
of the bureau, and the penalty for the offense for which the parking
ticket was issued.
A.
It shall be unlawful for any person who owns, leases or operates
a motor vehicle, mobile home, motor home, recreational vehicle, boat,
boat trailer or bus, whether licensed or not, to park or stand such
motor vehicle in the parkway area between a sidewalk and the curb
of a street, within the boulevard area of such street, or within the
public right-of-way area of such street, except under the following
circumstances:
(1)
The owner of a single-family dwelling which is not situated on a
street that has curb and gutter may apply to the Village for a license
to park one vehicle within the public right-of-way.
(2)
The space on which the motor vehicle may be parked must be a hard
surface, which is defined as concrete, asphalt, brick pavers, or a
compacted aggregate such as RAP (which must include a border).
(3)
The parking space within the public right-of-way must be contiguous
with the street.
(4)
The motor vehicle utilizing the approved parking space must park
parallel with the roadway (and not perpendicular), with the passenger
side of the vehicle adjacent to the curb or sidewalk.
(5)
No more than one motor vehicle may park in any approved parking space.
(6)
The individual who obtains the license from the Village must maintain
the approved parking space in conformance with the ordinances of the
Village of Spring Lake and may use gravel or dolomite as a product
to improve the area.
(7)
The approved parking space must be weed-free.
(8)
The license will not be issued until the parking space is improved
and inspected by the Village of Spring Lake.
(9)
The license shall not expire; however, it may not be transferred
to anyone other than the original licensee.
(10)
The license fee which will be imposed shall be established yearly
in conjunction with the annual budget.
(11)
The winter parking restrictions set forth in § 365-6 shall apply to all licenses obtained under this section.
(12)
A waiver to the license requirement will be granted by the Village
Manager to those individuals who have a handicapped parking permit
from the State of Michigan.
(13)
A waiver to the license requirement may be granted by the Village
Council to property owners who do not have the ability to create a
driveway based on topography or unusual site restrictions.
(14)
Licenses will not be required in the following circumstances:
when parking on the roads immediately adjacent to Tanglefoot Park,
when parking near religious institutions on Sundays between 9:00 a.m.
and 12:00 noon or parking in the vicinity of Hammond Street during
sporting events.
B.
It shall be unlawful for any person who owns, leases or operates
a motor vehicle, except as a passenger-type vehicle, or light truck
under ten-ton rated, to park or stand such motor vehicle on any public
street, alley or public parking area overnight.
C.
It shall be unlawful for any person who owns or leases a boat, boat
trailer or any other trailer, including a semitrailer, whether attached
to a motor vehicle or not, to park or stand such boat or trailer in
any public street, alley, or public parking area overnight.
D.
It shall be unlawful for any person who owns, operates or leases
a mobile home, bus, motor home, or recreational vehicle to park or
stand such mobile home, bus, motor home or recreational vehicle in
any public street, alley or public parking area overnight.
E.
It shall be unlawful for any person who owns, operates or leases
a commercial or industrial motor vehicle in excess of 3/4 ton to let
it be parked or stored on any public street, alley or public parking
area within any residential zoning district; however, this subsection
shall not prevent temporary parking, not to exceed eight hours'
duration, while engaged in a delivery, pickup or service call to the
property where located.
F.
It shall be unlawful for any person who owns, operates or leases
a motor vehicle or trailer to park, stand or store such motor vehicle
or trailer while in a public park on a grassy or lawn area or in an
area not marked or designated for vehicle parking or trailers.
G.
Electric vehicle parking spaces - unauthorized parking or obstructing.
(1)
If the Village designates a parking area for charging an electric
vehicle, the reserved space(s) shall be indicated by a sign installed
by the Village. The sign shall indicate that the reserved space(s)
are for the charging of electric vehicles only.
(2)
An individual may not park or leave standing a vehicle in a space
designated for charging and parking an electric vehicle unless the
individual's vehicle is actively charging (connected to the charging
station cable for charging purposes).
(3)
An individual may not obstruct, block or otherwise bar access to
a space designated for charging a vehicle.
H.
It shall be unlawful for any person who owns, leases or operates
any type of motor vehicle, recreational vehicle, boat or any type
of trailer to park or stand on any bicycle, pedestrian or walkway
designated area.
J.
Any individual who is the registered owner of a motor vehicle, boat,
or trailer, as disclosed by the registration records of the state,
province, or country where it is licensed, is deemed to be responsible
for the locating of such motor vehicle, boat or trailer in violation
of this section; and whether such owner has knowledge of the unlawful
locating of such motor vehicle, boat or trailer is irrelevant, the
violation of any such subsection being a civil infraction by the owner;
provided the lessee of a leased vehicle having a lease term in excess
of one month shall in all cases be deemed the owner of such motor
vehicle for purposes of this section. The lessor of a leased vehicle
having a lease term of one month or less, or if a daily or weekend
rental vehicle, shall in such cases be deemed the owner of such motor
vehicle for purposes of this section.
K.
A separate offense shall be deemed committed upon each day during
or when a violation of this section occurs or continues.
If the owner or operator of a vehicle which has been ticketed shall not within the thirty-day period pay or cause to be paid the fees set forth in § 365-13 or make an appearance in the District Court and indicate an intent to dispute the parking ticket, any law enforcement officer of the Village may seize such vehicle at any time thereafter, anywhere within the Village. In order that the owner or operator may remove any vehicle which has been thus impounded, that individual shall pay to the Village all overdue parking tickets and to the impounder all impounding fees which have accrued against such vehicle during the time of his ownership, and in addition the cost of towing and storage. If at the time of seizure the vehicle has been sold to a bona fide purchaser and transfer or title has been duly made, such new owner may have the car released forthwith by showing the new certificate of title to the proper officers. If the owner or operator disputes liability as to any impoundment fees or any previously incurred impoundment fees, fines, cost, forfeiture or penalty, such owner or operator may have the vehicle released from impoundment by posting a bond, to be approved by the District Judge in an amount not to exceed $500, pending final adjudication of disputed liability. Any vehicle impounded by seizure under any Village ordinance may, after one month from the date of seizure, be sold by the Village Manager or their designee either at private or public sale to the highest bidder, after first giving the owner of the car as is shown to be in the office of the Secretary of State in which the car is licensed, on the day of seizure, a notice of seizure and proposed sale in writing, delivered in person or sent by registered mail addressed to such person at the owner's place of business or residence as shown in the Secretary of State's office.
The following parking violations may be disposed of at the Parking
Violations Bureau. If disposed of at the Parking Violations Bureau,
the civil fine schedule shall be as established by the Village Council
and shall be kept on file and available for inspection at the Parking
Violations Bureau. Such parking violations shall consist of civil
infractions as follows:
|
Offense
|
Uniform Traffic Code Section
|
Motor Vehicle Code Section or Village Ordinance
|
Civil
|
After 7 Days
|
|---|---|---|---|---|
|
Parking too far from the curb
|
R801, R803
|
$10
|
$20
| |
|
Angle parking violations
|
R803, R807
|
$10
|
$20
| |
|
Obstructing traffic
|
MCLA § 257.676(b)
|
$10
|
$20
| |
|
Prohibited parking (signs unnecessary)
|
$10
|
$20
| ||
|
On a sidewalk
|
MCLA § 257.674(a)
|
$10
|
$20
| |
|
In front of a public or private drive
|
MCLA § 257.674(b)
|
$10
|
$20
| |
|
Within an intersection
|
MCLA § 257.674(c)
|
$10
|
$20
| |
|
Within 15 feet of a fire hydrant
|
MCLA § 257.674(d)
|
$10
|
$20
| |
|
On a crosswalk
|
MCLA § 257.674(e)
|
$10
|
$20
| |
|
Within 20 feet of a crosswalk, or if none, then
within 15 feet of the intersection of property lines at an intersection
of highways
|
MCLA § 257.674(f)
|
$10
|
$20
| |
|
Within 30 feet of street side of traffic signal
or sign
|
MCLA § 257.674(g)
|
$10
|
$20
| |
|
Within 50 feet of the nearest rail of a railroad
crossing
|
MCLA § 257.674(i)
|
$10
|
$20
| |
|
Alongside or opposite a street excavation or obstruction,
if the stopping, standing, or parking could obstruct traffic
|
MCLA § 257.674(k)
|
$10
|
$20
| |
|
On a bridge or viaduct
|
MCLA § 257.674(m)
|
$10
|
$20
| |
|
Double parking
|
MCLA § 257.674(l)
|
$10
|
$20
| |
|
In front of a theater
|
MCLA § 257.674(p)
|
$10
|
$20
| |
|
Blocking emergency exit
|
MCLA § 257.674(q)
|
$25
|
$50
| |
|
Blocking fire escape
|
MCLA § 257.674(r)
|
$25
|
$50
| |
|
Failure to remove disabled vehicle
|
MCLA § 257.673
|
$10
|
$20
| |
|
On a street or other area open to the parking of
vehicles that results in the vehicle interfering with the use of a
curb-cut or ramp by persons with disabilities
|
MCLA § 257.674(u)
|
$40
|
$80
| |
|
Obstructing a fire lane
|
MCLA § 257.674(aa)
|
$10
|
$20
| |
|
Parking between sidewalk and curb
|
Village Code § 365-11A
|
$10
|
$20
| |
|
Parking in prohibited zones (signs or directives required)
|
MCLA § 257.674
|
$10
|
$20
| |
|
Improper angle parking R803, R807
| ||||
|
Between a safety zone and the adjacent curb or within
30 feet of a point on the curb immediately opposite the end of a safety
zone, unless a different length is indicated by an official sign or
marking
|
MCLA § 257.674(h)
|
$10
|
$20
| |
|
Within 20 feet of the driveway entrance to a fire
station and on the side of a street opposite the entrance to a fire
station within 75 feet of the entrance if properly marked by an official
sign
|
MCLA § 257.674(j)
|
$10
|
$20
| |
|
In marked tow-away zone
|
MCLA §§ 257.674(w) and 257.606
|
$50
|
$100
| |
|
In marked handicapped zone without handicapped parking
permit
|
MCLA § 257.674(s) Village Code § 365-8
|
$100
|
$200
| |
|
In a clearly identified access aisle or access lane
immediately adjacent to a space designated for parking by persons
with disabilities
|
MCLA § 257.674(t)
|
$50
|
$100
| |
|
In any other prohibited parking zone
|
MCLA § 257.674(n)
|
$10
|
$20
| |
|
Parking for prohibited purposes (on a public street/property)
|
R814
|
$10
|
$20
| |
|
Displaying vehicle for sale
|
R814(a)
|
$10
|
$20
| |
|
Washing, polishing, greasing, working on or repairing
vehicle
|
R814(b)
|
$10
|
$20
| |
|
Displaying advertising
|
R814(c)
|
$10
|
$20
| |
|
Selling merchandise
|
R814(d)
|
$15
|
$30
| |
|
Storage over 48 hours
|
R814(e)
|
$15
|
$30
| |
|
Wrong side of boulevard parking
|
R815
|
$10
|
$20
| |
|
Loading zone violation
|
R817
|
$10
|
$20
| |
|
Taxicab, parking other than at cab stand
|
R819
|
$10
|
$20
| |
|
Bus, taxicab stand violation
|
R820
|
$10
|
$20
| |
|
Parking outside designated parking spaces in public
parks and parking lots
|
Village Code § 365-11
|
$25
|
$50
| |
|
Failure to set parking brake
|
MCLA § 257.676
|
$10
|
$20
| |
|
Parking on grade, wheels not turned to curb
|
MCLA § 257.676
|
$10
|
$20
| |
|
Bicycle parking violations
|
R617, R617a
|
$10
|
$20
| |
|
Parking on any public street, alley, parking lot in the Village
between 2:00 a.m. to 6:00 a.m., Dec. 1 to April 1
|
Village Code § 365-6
|
$10
|
$20
| |
|
Parking on any bicycle, pedestrian or walkway designated area
|
Village Code § 365-11
|
$10
|
$20
| |
|
Parking overnight on public street, alley or parking lot
|
$15
|
$30
| ||
|
Improper parking at boat launch or public park
|
Village Code § 365-11F
|
$40
|
$80
| |
|
Improper parking at Electric Vehicle Charging station
|
Village Code § 365.11G
|
$40
|
$80
|
The Parking Violations Bureau shall be authorized to accept
pleas of guilty in parking violations cases and to collect and retain
fines and costs therefor. Appearance, plea and payment to such Bureau
shall constitute satisfaction of such parking violations.
[Added 4-18-2022 by Ord.
No. 380[1]]
A.
The Village may provide for the immediate removal of a vehicle from
public or private property to a place of safekeeping at the expense
of the last titled owner of the vehicle in any of the following circumstances:
(1)
A vehicle with six or more unpaid traffic tickets or parking violation
notices under this chapter, the Uniform Traffic Code, or the Michigan
Vehicle Code;
(2)
If removal is necessary in the interest of public safety because
of fire, flood, storm, snow, the need for snow removal, natural or
manmade disaster, or other emergency; and
(3)
In any other circumstance in which impoundment is authorized under
the Uniform Traffic Code or the Michigan Vehicle Code, including but
not limited to Section 252(d) of said Code.
B.
Whenever a vehicle has been towed and impounded in accordance with
this section, the owner or operator thereof shall pay to the towing
contractor of the Village all costs and expenses by reason of the
institution of those steps necessary for removal of the vehicle. However,
the bond or deposit required by the Village or the towing contractor
for the owner or operator to recover possession of the vehicle shall
not exceed the maximum amount permitted under the Michigan Vehicle
Code, including but not limited to Section 606.
