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.
This article is adopted pursuant to, and in accordance with Public Act 246 of 1945, as amended, Public Act 235 of 1969, as amended, and MCLA § 41.181, as amended.
The following words, terms and phrases, when used in this article, shall have the following meanings in this section:
PARK, PARKED or PARKING
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.
PERSON
Every natural person, firm, copartnership, association or corporation and their respective agents.
SNOW EMERGENCY
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.
STREET
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.
SUPERVISOR
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.
TOWNSHIP
The Charter Township of Chesterfield, Macomb County, Michigan.
TRAILER
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.
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.
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.