[Adopted 4-8-2015 by Ord.
No. 145]
This article shall be known as the "Chesterfield Township Snow
Emergency Ordinance."
The purpose of this article is to expedite the prompt removal
of all parked and stalled motor vehicles and trailers from public
roads during periods of heavy snowfall, when such trailers and motor
vehicles impede snow-removal operations and cause serious traffic
congestion; and to authorize the Township Supervisor to declare a
snow emergency during such periods in the interest of preserving and
protecting the public health, safety and welfare; and to authorize
the Chesterfield Township Police Department and the Chesterfield Township
Ordinance Enforcement Officer to enforce provisions of this article.
The following words, terms and phrases, when used in this article,
shall have the following meanings in this section:
Every vehicle that is self-propelled.
The standing of a vehicle, whether occupied or not, other
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers or when stopped temporarily
for making necessary repairs.
Every natural person, firm, copartnership, association or
corporation and their respective agents.
A declaration of a snow emergency publicly announced at the
direction of the Supervisor or, in the Supervisor's absence, a Township
official designated by the Supervisor to assume the duties of the
Supervisor, for purposes of this article.
A street, road, avenue or highway and includes the entire
width between the boundary lines of every way publicly maintained
when any part thereof is open to use by the public for purposes of
vehicular travel.
The Supervisor for the Township or, in the Supervisor's absence,
a Township official designated by the Supervisor to assume the duties
of the Supervisor for purposes of this article.
The Charter Township of Chesterfield, Macomb County, Michigan.
Every vehicle with or without motive power being drawn by
a motor vehicle.
Whenever the Supervisor determines, on the basis of a forecast
of the National Weather Service, the Macomb County Department of Emergency
Management or other credible source, that four or more inches of snow
or other hazardous winter time weather event is expected to fall upon
the Township, the Supervisor may effectuate and declare a snow emergency
on public roads in Chesterfield Township.
(a)
Upon declaring a snow emergency, the Supervisor shall cause appropriate
notice of such emergency to be publicly announced by any means at
his/her disposal to alert the public of such snow emergency. Each
announcement shall describe the action taken by the Supervisor, including
the time it became or will become effective.
(b)
The Supervisor shall make or cause to be made a record of each time
and date when any declaration is announced to the public in accordance
with this article.
(c)
Whenever the Supervisor finds that the conditions which gave rise
to a snow emergency no longer exist, the snow emergency shall be terminated
by notice given substantially in the same manner it was declared.
No person shall park or leave any vehicle or trailer on a public
road in the Township when a snow emergency has been declared. Further,
within two hours after notice of a snow emergency has been given,
any motor vehicle or trailer parked on any public road within the
Township may be removed by the Township or its agents.
Whenever a motor vehicle becomes stalled or disabled for any
reason on any portion of a public road during a snow emergency, the
person operating the motor vehicle shall take immediate action to
have the motor vehicle towed or pushed off the road. No person shall
abandon or leave a motor vehicle or a trailer on any public road during
the snow emergency, regardless of whether the person indicates by
raising the hood or otherwise that the motor vehicle is stalled, except
for the purpose of securing assistance during the actual time necessary
to go to a nearby phone, or nearby garage, automobile service station,
or other place of assistance and return without delay.
Any provision of this article, while temporarily in effect,
shall take precedence over other conflicting provisions of law normally
in effect, except that it shall not take precedence over provisions
of law relating to traffic accidents, emergency travel of authorized
vehicles, or emergency traffic directions by a police officer.
Any motor vehicle or trailer parked or left on any road in violation
of this article constitutes a public hazard and an obstruction of
traffic, and the Chesterfield Township Police Department or the Township
Ordinance Enforcement Officer may ticket, tow and impound the motor
vehicle or trailer immediately. No person may recover an impounded
motor vehicle or trailer without first paying the cost of removal
and storage, notwithstanding and apart from any fine which may be
imposed for violation of this article.
(a)
In any proceeding for violation of this article relating to parking,
leaving, or abandoning a motor vehicle or trailer, proof that the
particular motor vehicle or trailer described in the complaint or
citation was parked or left in violation of this article, together
with proof that the respondent named in the complaint or citation
was, at the time of such parking, the registered owner of such motor
vehicle or trailer, shall constitute a presumption that the registered
owner of such motor vehicle or trailer was the person who parked or
left such motor vehicle at the locations in which the violation occurred.
(b)
In any proceeding for a violation as stated in above, the person
in whose name that vehicle is registered at the time of the violation
is prima facie responsible for that violation. The registered owner
of such vehicle may assert as an affirmative defense that the vehicle
in question, at the time of the violation, was in the possession of
a person whom the owner had not knowingly permitted to operate the
vehicle.
Any violation of any provision of this article shall be a misdemeanor
punishable by imprisonment of not more than 90 days and/or a fine
of $500, or both, in addition to any other penalty provisions provided
for a violation of a misdemeanor as set forth in the general penalty
provisions of this Code of Ordinances.
