[Ord. of 5-3-1973; amended 1-12-1995 by Ord. No. 95-9; 3-8-2012]
[1]
State law references: Authority to regulate standing or parking
of vehicles, MCL 257.606(1)(a); Stopping, standing or parking of vehicles,
MCL 257.672 et seq.; Unlawful parking; loading and discharging of
bus passengers, MCL 257.674 et seq; Parking violation notice and parking
violations bureau, MCLA § 257.742 et seq.; traffic control
in shopping center parking lots, MCL 257.941 et seq.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A member of the Ottawa County Sheriff's Office, including
reserve officers, and/or any other personnel of the Township authorized
by ordinance or resolution to issue a parking violation notice, municipal
civil infraction citations or municipal civil infraction notices.
Every motor vehicle designed, used or maintained primarily
for occasional or short-term occupancy as a dwelling unit during travel,
recreational, or vacation use.
Any device in, upon, or by which any person or property is
or may be transported or drawn upon a highway, excepting devices moved
by human power or used exclusively upon stationary rails or tracks,
which is self-propelled.
Standing a truck, school bus or motor home, whether occupied
or not, upon the right-of-way of a highway, road or street when not
lawfully loading or unloading or making necessary repairs.
A notice, other than a citation, directing a person to appear
at the violations bureau in the Township for which the notice is being
issued and pay the fine and costs, if any, prescribed by ordinance
for the parking or standing of a motor vehicle in violation of the
ordinance.
A violations bureau established by the Township to accept
parking violation notice admissions and to collect and retain fines
and costs as prescribed by ordinance.
Every motor vehicle, except station wagons, with a manufacturers'
rated seating capacity of eight or more children, owned by a public,
private or governmental agency and operated for the transportation
of children to or from school, or privately owned and operated for
compensation for the transportation of children to or from school.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
Every motor vehicle designed, used or maintained primarily
for the transportation of property.
An authorized Township official may issue upon any vehicle or
person who shall violate a provision of this article or shall fail
to comply with any of the requirements thereof a parking violation
notice.
(1)
A parking violation notice may be attached to a motor vehicle in
absence of a driver, and the registered owner of the motor vehicle
shall be considered responsible for the violation.
(2)
A parking violation notice shall indicate the length of time a person
must respond to the violation before the Township violations bureau.
It shall also indicate the address of the bureau and the amount of
the penalty scheduled for the offense for which the parking violation
notice was issued. The parking violation notice will also indicate
that failure to pay or appear within the time limit indicated may
result in issuance of a warrant for such person's arrest or suspension
of such person's driver's license.
(3)
Any parking violation notices not paid or responded to will result
in a municipal civil infraction citation being issued and forwarded
to the district court. A copy of the municipal civil infraction may
be personally served or served by first-class mail to the registered
owner of the vehicle at the owner's last known address. In addition,
a standardized letter will accompany the municipal civil infraction
citation indicating that the violation has been forwarded to the district
court, and failure to respond within the time frame indicated may
result in a warrant for the owner's arrest or suspension of the
owner's driver's license.
No person shall park a truck which has a load capacity in excess of three quarters ton or which is a semitrailer truck tractor and/or its trailer, a school bus or a motor home in any part or portion of the right-of-way of any highway, road or street which abuts (on either side or both sides) lands or premises in the Township zoned in a residential zone under the zoning regulations in Chapter 38 except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police officer or traffic control signal. Anyone who violates this section is responsible for a municipal civil infraction.
(a)
A vehicle shall not be parked, except if necessary to avoid conflict
with other traffic or in compliance with the law or the directions
of a police officer or traffic control device, in any of the following
places:
(1)
On a sidewalk or bike path.
(2)
In front of a public or private driveway.
(3)
Within 15 feet of a fire hydrant.
(4)
On a crosswalk.
(5)
Within 20 feet of a crosswalk, or if there is not a crosswalk, then
within 15 feet of the intersection of the property lines at an intersection
of highways.
(6)
Parking at a place where an official sign prohibits stopping or parking.
(7)
Parking in a parking space clearly identified by an official sign
as being reserved for use by disabled persons that is on public property
or private property available for public use, unless the individual
is a disabled person as described in the MCLA § 257.19a.
(8)
Parking in an access aisle or access lane immediately adjacent to
a space designated for parking by persons with disabilities.
(9)
Parking in violation of an official sign restricting the period of
time for or manner of parking.
(10)
In a place or in a manner that blocks access to a space clearly
designated as a fire lane.
(b)
A bus, for the purpose of taking on or discharging of passengers,
may be stopped at a place described in Subsection (a)(2), (3), or
(5) or on the roadway side of a vehicle illegally parked in a legally
designated bus loading and unloading zone. A bus, for the purpose
of taking on or discharging a passenger, may be stopped at a place
described in Subsection (a)(6) if the place is posted by an appropriate
bus stop sign.
(a)
The Township hereby establishes a parking violations bureau as authorized
under Act 236 of 1961 (MCLA § 600.8395) to accept the admissions
of responsibility for parking violation notices in response to parking
violation notices issued and served by authorized Township officials,
and to collect and retain civil fines and costs as prescribed by ordinance.
The expenses of operating the bureau shall be borne by the Township,
and the personnel of the bureau shall be Township employees.
(b)
The parking violations bureau shall be located at the Township hall,
and shall be under the supervision and control of the Township Treasurer.
The Township treasurer, subject to the approval of the Township Board,
shall adopt rules and regulations for the operation of the bureau
and appoint any necessary qualified Township employees to administer
the bureau.
(c)
No person shall be required to dispose of a parking violation notice
at the bureau and may have the violation processed before a court
of appropriate jurisdiction. The unwillingness of any person to dispose
of any violation at the parking violations bureau shall not prejudice
the person or in any way diminish the person's right, privileges
and protection accorded by law. Nothing in this article shall prevent
or restrict the Township from issuing a municipal civil infraction
citation for any violation or from prosecuting any violation in a
court of competent jurisdiction.
(d)
The scope of the bureau's authority shall be limited to accepting
admissions of responsibility for parking violation notices and collecting
and retaining civil fines and costs as a result of those admissions.
The parking violations bureau shall not accept payment of a fine from
any person who denies having committed the offense or who admits responsibility
only with explanation, and in no event shall the bureau determine,
or attempt to determine, the truth or falsity of any fact or matter
relating to an alleged violation.
The following schedule of parking violations and fines is hereby
established:
