City of Corunna, MI
Shiawassee County
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[Amended 10-8-1999 by Ord. No. 99-11; 4-7-2003 by Ord. No. 03-01]
The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state are incorporated and adopted by reference.
[Amended 4-7-2003 by Ord. No. 03-01]
References in the Uniform Traffic Code for Cities, Townships and Villages to a "governmental unit" shall mean the City of Corunna.
[Code 1979, § 10.4(5.96), (5.97a), (5.98), (5.99); amended 12-9-1994 by Ord. No. 94-12-2; 12-18-1995 by Ord. No. 95-10; 7-7-1997 by Ord. No. 97-06; 10-8-1999 by Ord. No. 99-10; 10-8-1999 by Ord. No. 99-11]
The following sections and subsections of the Uniform Traffic Code adopted in this article are hereby amended as set forth, and additional sections and subsections are added as indicated. Section numbers shall refer to the like-numbered sections in the Uniform Traffic Code.
Sec. 1.007a. Controlled substance.
Controlled substance means a controlled substance or controlled substance analogue as defined in Section 7104 of the Public Health Code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.7104), as amended.
Sec. 1.012b. Handicapper.
Handicapper means a person who is determined by a physician licensed under part 170 or 175 of the Public Health Code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.17001 et seq., 333.17501 et seq.), as amended, to have one or more of the following physical characteristics:
(a)
Blindness.
(b)
Inability to walk more than 200 feet without having to stop and rest.
(c)
Inability to do both of the following:
(i)
Use one or both legs or feet.
(ii)
Walk without the use of a wheelchair, walker, crutch, brace, prosthetic, or other device, or without the assistance of another person.
(d)
A lung disease from which the person's forced expiratory volume for one second, when measured by spirometry, is less than one liter, or from which the person's arterial oxygen tension is less than 60 mm/hg of room air at rest.
(e)
A cardiovascular condition that causes the person to measure between three and four on the New York heart classification scale, or that renders the person incapable of meeting a minimum standard for cardiovascular health that is established by the American Heart Association and approved by the department of public health.
(f)
An arthritic, neurological, or orthopedic condition that severely limits the person's ability to walk.
(g)
The persistent reliance upon an oxygen source other than ordinary air.
Sec. 2.5a. Abandoned vehicle procedures.
(1)
As used in this section, "abandoned vehicle" means a vehicle which has remained on public property or private property for a period of 48 hours after a police agency or other governmental agency designated by the police agency has affixed a written notice to the vehicle.
(2)
If a vehicle has remained on public or private property for a period of time so that it appears to the police agency to be abandoned, the police agency shall do all of the following:
(a)
Determine if the vehicle has been reported stolen.
(b)
Affix a written notice to the vehicle. The written notice shall contain the following information:
(i)
The date and time the notice was affixed.
(ii)
The name and address of the police agency taking the action.
(iii)
The name and badge number of the police officer affixing the notice.
(iv)
The date and time the vehicle may be taken into custody and stored at the owner's expense or scrapped if the vehicle is not removed.
(v)
The year, make, and vehicle identification number of the vehicle, if available.
(3)
If the vehicle is not removed within 48 hours after the date the notice was affixed, the vehicle is deemed abandoned and the police agency may have the vehicle taken into custody.
(4)
A police agency which has a vehicle taken into custody shall do all of the following:
(a)
Recheck to determine if the vehicle has been reported stolen.
(b)
Within 24 hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network.
(c)
Within seven days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i)
The year, make, and vehicle identification number of the vehicle if available.
(ii)
The location from which the vehicle was taken into custody.
(iii)
The date on which the vehicle was taken into custody.
(iv)
The name and address of the police agency which had the vehicle taken into custody.
(v)
The business address of the custodian of the vehicle.
(vi)
The procedure to redeem the vehicle.
(vii)
The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.
(viii)
A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.
(ix)
A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.
(5)
The registered owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to Sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in an amount equal to the accrued towing and storage fees with the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(6)
If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(7)
If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle and the police agency for its accrued costs.
(8)
Not less than 20 days after the disposition of the hearing described in Subsection (5) of this section or, if a hearing is not requested, not less than 20 days after the date of the notice, the police agency shall offer the vehicle for a sale at a public sale pursuant to Section 2.5g.
(9)
If the ownership of a vehicle which has been deemed abandoned under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to Section 2.5g, not less than 30 days after public notice of the sale has been published.
Sec. 2.5b. Abandoned scrap vehicle procedures.
(1)
As used in this section:
(a)
Registered abandoned scrap vehicle means a vehicle which meets all of the following requirements:
(i)
Is on public or private property.
(ii)
Is seven or more years old.
(iii)
Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by Section 5.71 would exceed the fair market value of that vehicle.
(iv)
Is currently registered in the State of Michigan or displays current year registration plates from another state.
(v)
Is not removed within 48 hours after a written notice, as described in Section 2.5a(2)(b), is affixed to the vehicle.
(b)
Unregistered abandoned scrap vehicle means a vehicle which meets all of the following requirements:
(i)
Is on public or private property.
(ii)
Is seven or more years old.
(iii)
Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by Section 5.71 would exceed the fair market value of that vehicle.
(iv)
Is not currently registered in this state and does not display current year registration plates from another state.
(v)
Is not removed within 48 hours after a written notice, as described in Section 2.5a(2)(b), is affixed to the vehicle.
(2)
A police agency may have an unregistered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(a)
Determine if the vehicle has been reported stolen.
(b)
Take two photographs of the vehicle.
(c)
Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:
(i)
The year, make, and vehicle identification number if available.
(ii)
The date of abandonment.
(iii)
The location of abandonment.
(iv)
A detailed listing of the damage or the missing equipment.
(v)
The reporting officer's name and title.
(vi)
The location where the vehicle is being held.
(d)
Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(3)
Within 24 hours, excluding Saturday, Sunday, and legal holidays, after taking the vehicle into custody, the police agency shall complete a release form and release the vehicle to the towing service or a used vehicle parts dealer or vehicle scrap metal processor, who shall then transmit that release form to the secretary of state and apply for a certificate of title or a certificate of scrapping. Upon receipt of the release form and application, the secretary of state shall issue a certificate of title or a certificate of scrapping.
(4)
The release form described in Subsection (3) shall be furnished by the secretary of state and shall include a certification executed by the applicable police agency when the abandoned scrap vehicle is released. The certification shall state that the police agency has complied with all the requirements of Subsection (2)(b) and (c).
(5)
The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than two years. The two photographs taken pursuant to Subsection (2)(b) of this section shall be retained by the police agency for not less than two years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.
(6)
A police agency may have a registered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(a)
Determine if the vehicle has been stolen.
(b)
Take two photographs of the vehicle.
(c)
Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:
(i)
The year, make, and vehicle identification number if available.
(ii)
The date of abandonment.
(iii)
The location of abandonment.
(iv)
A detailed listing of the damage or the missing equipment.
(v)
The reporting officer's name and title.
(vi)
The location where the vehicle is being held.
(d)
Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(e)
Within seven days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i)
The year, make, and vehicle identification number of the vehicle if available.
(ii)
The location from which the vehicle was taken into custody.
(iii)
The date on which the vehicle was taken into custody.
(iv)
The name and address of the police agency which had the vehicle taken into custody.
(v)
The business address of the custodian of the vehicle.
(vi)
The procedure to redeem the vehicle.
(vii)
The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.
(viii)
A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.
(ix)
A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the termination of all rights of the owner and the secured party to the vehicle.
(7)
The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to Sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount as determined by the court. The owner of the vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(8)
If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(9)
If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(10)
Not less than 20 days after the disposition of the hearing described in Subsection (7), or if a hearing is not requested, not less than 20 days after the date of the notice described in Subsection (6)(e), the police agency shall follow the procedures established in Subsections (3) to (5).
Sec. 2.5c. Vehicle removed from private property.
(1)
When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or a police agency, the custodian of the vehicle immediately shall notify the police agency from whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police agency to enter the vehicle into the law enforcement information network.
(2)
Upon receipt of the notification described in Subsection (1), the police agency immediately shall do all of the following:
(a)
Determine if the vehicle has been reported stolen.
(b)
Enter the vehicle into the law enforcement information network.
(3)
The owner of the vehicle removed as described in Subsection (1) may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police agency of the disposition of the vehicle.
(4)
If the vehicle described in Subsection (1) is not claimed by the owner within seven days after the police agency has been notified by the custodian that it has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in Section 2.5a(4)(c) to (9) shall apply.
Sec. 2.5d. Vehicle removed by police.
(1)
A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:
(a)
If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
(b)
If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.
(c)
If a vehicle is parked in a posted tow-away zone.
(d)
If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.
(e)
If the vehicle must be seized to preserve evidence of a crime, or when there is reasonable cause to believe that the vehicle was used in the commission of a crime.
(f)
If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or man-made disaster, or other emergency.
(g)
If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner which impedes the movement of another vehicle.
(h)
If the vehicle is stopped, standing or parked in a space designated for handicapper parking and is not permitted by law to be stopped, standing, or parked in a space designated for handicapper parking.
(2)
A police agency which authorizes the removal of a vehicle under Subsection (1) of this section shall do all of the following:
(a)
Check to determine if the vehicle has been reported stolen.
(b)
Within 24 hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subdivision does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.
(c)
If the vehicle has not been redeemed within 10 days after moving the vehicle, send to the registered owner and the secured party as shown by the records of the secretary of state, by first class mail or personal service a notice that the vehicle has been removed; however, if the police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within 24 hours after the removal, and if the vehicle has not been redeemed within 30 days and upon complaint from the towing service, the police agency shall send the notice within 30 days after the removal. The notice shall be by a form furnished by the secretary of state. The notice form shall contain the following information:
(i)
The year, make, and vehicle identification number of the vehicle.
(ii)
The location from which the vehicle was taken into custody.
(iii)
The date on which the vehicle was taken into custody.
(iv)
The name and address of the police agency which had the vehicle taken into custody.
(v)
The location where the vehicle is being held.
(vi)
The procedure to redeem the vehicle.
(vii)
The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the towing and daily storage fees.
(viii)
A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.
(ix)
A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.
(3)
The registered owner may contest the fact that the vehicle was properly removed or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to Sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount equal to the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly removed, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(4)
If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(5)
If the owner does not redeem the vehicle or request a hearing within 20 days, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle prior to the date of the sale.
(6)
Not less than 20 days after the disposition of the hearing described in Subsection (3), or if a hearing is not requested, not less than 20 days after the date of the notice described in Subsection (2)(c), the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed. The public sale shall be held pursuant to Section 2.5g.
(7)
If the ownership of the vehicle which has been removed under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to Section 2.5g, not less than 30 days after public notice of the sale has been published.
Sec. 2.5e. Abandoned vehicle; jurisdiction of court.
(1)
The following courts shall have jurisdiction to determine if a police agency has acted properly in processing a vehicle under Section 2.5a, 2.5b(6) to (10), 2.5c, or 2.5d:
(a)
The district court.
(b)
A municipal court.
(c)
The common pleas court of the City of Detroit.
(2)
The court specified in the notice prescribed in Section 2.5a(4)(c), 2.5b(6), 2.5c(4), or 2.5d(2)(c) shall be the court which has territorial jurisdiction at the location from where the vehicle was removed or deemed abandoned. Venue in the district court shall be governed by Section 8312 of Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.8312, MSA 27A.8312), as amended.
(3)
If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle under Section 2.5a, 2.5b, 2.5c, or 2.5d shall be used to pay the towing and storage fees.
Sec. 2.5f. Abandoned vehicle; duties of court.
(1)
Upon receipt of a petition prescribed in Section 2.5a, 2.5b, 2.5c, or 2.5d, signed by the owner of the vehicle which has been taken into custody, the court shall do both of the following:
(a)
Schedule a hearing within 30 days for the purpose of determining whether the police agency acted properly.
(b)
Notify the owner and the police agency of the time and place of the hearing.
(2)
At the hearing specified in Subsection (1) the police agency shall have the burden of showing by a preponderance of the evidence that it has complied with the requirements of this act in processing the abandoned vehicle or vehicle removed pursuant to Section 2.5d.
(3)
After the hearing the court shall make a decision which shall include one or more of the following:
(a)
A finding that the police agency complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under Section 2.5d, and an order providing a period of 20 days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within 20 days, the police agency shall dispose of the vehicle pursuant to Section 2.5b or 2.5g.
(b)
A finding that the police agency did not comply with the procedures established for the processing of an abandoned vehicle or a vehicle removed pursuant to Section 2.5d. After making such a finding, the court shall issue an order directing that the vehicle immediately be released to the owner, and that the police agency is responsible for the accrued towing and storage charges.
(c)
A finding that the towing and daily storage fees were reasonable.
(d)
A finding that the towing and daily storage fees were unreasonable and issue an order directing an appropriate reduction.
Sec. 2.5g. Abandoned vehicle; public sale.
(1)
A public sale for a vehicle which has been deemed abandoned under Section 2.5a or 2.5c or removed under Section 2.5d shall be conducted in the following manner:
(a)
It shall be under the control of the police agency or agent of the police agency.
(b)
It shall be open to the public and consist of open auction bidding or bidding by sealed bids. If sealed bids are received, the person submitting the bid shall receive a receipt for the bid from the police agency or agent of the police agency.
(c)
Except as provided by Sections 2.5a(9) and 2.5d(7), it shall be held not less than five days after public notice of the sale has been published.
(d)
The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was abandoned. The public notice shall give a description of the vehicle for sale and shall state the time, date, and location of the sale.
(2)
The money received from the public sale of the vehicle shall be applied in the following order of priority:
(a)
Towing and storage charges.
(b)
Expenses incurred by the police agency.
(c)
To the secured party, if any, in the amount of the debt outstanding on the vehicle.
(d)
Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.
(3)
If there are no bidders on the vehicle, the police agency may do one of the following:
(a)
Turn the vehicle over to the towing firm to satisfy charges against the vehicle.
(b)
Obtain title to the vehicle for the police agency or the unit of government the police agency represents, by doing the following:
(i)
Paying the towing and storage charges.
(ii)
Applying for title to the vehicle.
(c)
Hold another public sale pursuant to Subsection (1).
(4)
A person who acquires ownership of a vehicle under Subsection (1) or (3), which vehicle has been designated as a distressed vehicle, shall make application for a salvage certificate of title within 15 days after obtaining the vehicle.
(5)
Upon disposition of the vehicle, the police agency shall cancel the entry into the law enforcement information network.
Sec. 5.14c. Exhibition driving.
No person shall operate a vehicle upon any highway or a frozen public lake, stream or pond or other place open to the general public, including any areas designated for the parking of vehicles in an exhibition of speed or acceleration, whether or not the authorized speed limit is exceeded and whether or not conditions of competition exist.
Sec. 5.15. Operating while under influence of intoxicating liquor or controlled substance or with certain blood alcohol percentage; accident; arrest without warrant, motor vehicle forfeiture.
(1)
Generally. A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this City if either of the following applies:
(a)
The person is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(b)
The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2)
Prohibition against permitting intoxicated person to operate motor vehicle. The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this City by a person who is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, who has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or whose ability to operate the motor vehicle is visibly impaired due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(3)
Operation while visibly impaired; finding of guilty. A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this City when, due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating Subsection 1, a finding of guilty under this subsection may be rendered.
(4)
Minors. A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this City if the person has any bodily alcohol content. As used in this subsection "any bodily alcohol content" means either of the following:
(a)
An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b)
Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(5)
Subsection (4) violations; misdemeanor, penalty; community service supervision; costs. A person, whether licensed or not, shall not operate a vehicle in violation of Subsection (4) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subsection is guilty of a misdemeanor punishable as follows:
(a)
Community service for not more than 60 days.
(b)
A fine of not more than $500.
(c)
Imprisonment for not more than 93 days.
In the judgment of sentence under this section, the court may, unless the vehicle is ordered forfeited under Section MCL 257.625(b), order vehicle immobilization as provided in Section MCL 257.904(d).
(6)
Subsection (1) violations; misdemeanor, penalty.
If a person is convicted for violating Subsection (1), the person is guilty of a misdemeanor punishable by one or more of the following:
(a)
Community service for not more than 45 days.
(b)
Imprisonment for not more than 93 days.
(c)
A fine of not less than $100 or more than $500.
(7)
Subsection (2) violations; misdemeanor, penalty. A person who is convicted of violating Subsection (2), is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100 or more than $500, or both.
(8)
Subsection (3) violations; misdemeanor, penalty. A person who is convicted of violating Subsection (3), is guilty of a misdemeanor punishable by one or more of the following:
(a)
Community service for not more than 45 days.
(b)
Imprisonment for not more than 93 days.
(c)
A fine of not more than $300.
(9)
Subsection (4) violations; misdemeanor, penalty. If a person is convicted of violating Subsection (4), all of the following apply:
(a)
Except as otherwise provided in Subsection b, the person is guilty of a misdemeanor punishable by one or more of the following:
(i)
Community service of not more than 45 days.
(ii)
A fine of not more than $250.
(b)
If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or more of the following:
(i)
Community service for not more than 60 days.
(ii)
A fine of not more than $500.
(iii)
Imprisonment for not more than 93 days.
(10)
Person to pay cost of prosecution. In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the Code of Criminal Procedure, 1927 PA 175, MCL 760.1 to 776.22.
(11)
Community service. A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of the supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(12)
If a person is charged with a violation of Subsections 1, 3 or 5, or Section MCL 275.625(m), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating Subsection (4) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.
(13)
Except as otherwise provided in Subsection (15), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of Subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(14)
Except as otherwise provided in Subsection (15), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of Subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.
(15)
A special verdict described in Subsection (13) and (14) is not required if a jury is instructed to make a finding solely as to either of the following:
(a)
Whether the defendant was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(b)
Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(16)
If a jury or court finds under Subsection (13), (14) or (15) that the defendant operated a motor vehicle under the influence of, or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an intoxicating liquor, the court shall do both of the following:
(a)
Report the finding to the Secretary of State.
(b)
On a form or forms prescribed by the State Court Administrator, forward to the Department of State Police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under Sections MCL 257.625(n) or MCL 257.904(d).
(17)
Except as otherwise provided by law, a record described in Subsection (16)(b) is a public record and the Department of State Police shall retain the information contained on that record for not less than seven years.
(18)
In a prosecution for a violation of Subsection (4), the defendant bears the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(19)
If a person refuses a chemical test offered pursuant to Section MCL 257.625(a)(6) or submits to a chemical test or a chemical test is performed pursuant to a court order and the test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the following:
(a)
On behalf of the Secretary of State, immediately confiscate the person's license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the Secretary of State.
(b)
Except as provided in Subsection (2), immediately do all of the following:
(i)
Forward a copy of the written report of the person's refusal to submit to a chemical test required under Section MCL 257.625(d) to the Secretary of State.
(ii)
Notify the Secretary of State by means of the law enforcement information network that a temporary license or permit was issued to the person.
(iii)
Destroy the person's driver's license or permit.
(20)
If a person submits to a chemical test offered pursuant to Section MCL 257.625(a)(6) that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer, who requested the person to submit to the test, shall comply with Subsection (19)(a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer, who requested the person to submit to the test, shall immediately comply with Subsection (19)(b). If the report does not reveal an unlawful alcohol content, the peace officer, who requested the person to submit to the test, shall immediately notify the person of the test results and immediately return the person's license or permit by first-class mail to the address given at the time of arrest.
(21)
A temporary license or permit issued under this section is valid for one of the following time periods:
(a)
If the case is not prosecuted, for 90 days after issuance or until the person's license or permit is suspended pursuant to Section MCL 257.625(f), whichever occurs earlier. The prosecuting attorney shall notify the Secretary of State if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the Secretary of State if a case is not referred to the prosecuting attorney for prosecution.
(b)
If the case is prosecuted, until the criminal charges against the person are dismissed, the person is acquitted of those charges, or the person's license or permit is suspended, restricted, or revoked.
(22)
As used in this section, "unlawful alcohol content" means any of the following, as applicable:
(a)
If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b)
If the person tested was operating a commercial motor vehicle within this State, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or 67 milliliters of urine.
(c)
If the person tested is not a person described in subsections a or b, 0. 10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Sec. 5.15a. Arrest; preliminary chemical breath analysis; chemical test.
(1)
Arrest without warrant of intoxicated driver involved in accident. A peace officer may arrest a person without a warrant when the peace officer has reasonable cause to believe the person was, at the time of an accident in the City, the operator of a vehicle involved in the accident and was operating the vehicle in violation of Section 5.15(1), (3) or (4).
(2)
Requiring submission to preliminary chemical breath analysis; consequences. A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the City, and that the person by the consumption of intoxicating liquor may have affected his ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the City while the person's blood, breath or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating liquor, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the City, while the person had any bodily alcohol content as that term is defined in Section 5.15(4), may require the person to submit to a preliminary chemical breath analysis. The following provisions shall apply with respect to a preliminary chemical breath analysis administered pursuant to this subsection:
(a)
A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(b)
The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in Section 5.15c(1) or in an administrative hearing for one or more of the following purposes:
(i)
To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(ii)
As evidence of the defendant's breath alcohol content, if offered by the defendant.
(iii)
As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony or other evidence, including but not limited to testimony elicited on cross-examination of a prosecution witness, that is offered or elicited to prove that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered pursuant to Subsection (6).
(c)
A person who submits to a preliminary chemical breath analysis shall remain subject to the requirements of Sections 5.15c, 5.15d, 5.15e and 5.15f for purposes of chemical tests described in those sections.
(d)
Except as provided in Subsection (5), a person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction.
(3)
Out of service. A peace officer shall use the results of a preliminary chemical breath analysis conducted pursuant to this section to determine whether to order a person out-of-service under Section 319d of the act (MCL 257.319d, MSA 9.2019(4)). A peace officer shall order out-of-service as required under Section 319d of the act (MCL 257.319d, MSA 9.2019(4)) a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under Section 319d of the act (MCL 257.319d, MSA 9.2019(4)).
(4)
Refusal of request for chemical breath analysis. A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this section shall be advised that refusing a peace officer's request to take a test described in this section is a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100, or both, and will result in the issuance of a twenty-four-hour out-of-service order.
(5)
Refusal of preliminary chemical breath analysis. A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer's lawful request is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100, or both.
(6)
Tests of presence of alcohol or controlled substance in blood; admissibility into evidence; advisement of rights; collection of urine or breath samples; blood withdrawn for post-accident medical treatment, admissibility of test results; withdrawal of blood from deceased driver, results of test to law enforcement agency. The following provisions apply with respect to chemical tests and analysis of a person's blood, urine or breath, other than preliminary chemical breath analysis:
(a)
The amount of alcohol or presence of a controlled substance or both in a driver's blood or urine or the amount of alcohol in a person's breath at the time alleged as shown by chemical analysis of the person's blood, urine or breath is admissible into evidence in any civil or criminal proceeding.
(b)
A person arrested for a crime described in Section 5.15c(1) shall be advised of all of the following:
(i)
If he takes a chemical test of his blood, urine or breath administered at the request of a peace officer, he has the right to demand that a person of his own choosing administer one of the chemical tests.
(ii)
The results of the test are admissible in a judicial proceeding as provided under the act and shall be considered with other competent evidence in determining the defendant's innocence or guilt.
(iii)
He is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his own request.
(iv)
If he refuses the request of a peace officer to take a test described in Subparagraph (i), a test shall not be given without a court order, but the peace officer may seek to obtain such a court order.
(v)
Refusing a peace officer's request to take a test described in Subparagraph (i) shall result in the suspension of his operator's or chauffeur's license and vehicle group designation or operating privilege and in the addition of six points to his driver record.
(c)
A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician or an individual operating under the delegation of a licensed physician under Section 16215 of the Public Health Code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.16215, MSA 14.15(16215)), as amended, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer's request to determine the amount of alcohol or presence of a controlled substance or both in the person's blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures shall not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this subsection, unless the withdrawal or analysis is performed in a negligent manner.
(d)
A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in Section 5.15c(1). A person who takes a chemical test administered at a peace officer's request, as provided in this section, shall be given a reasonable opportunity to have a person of his own choosing administer one of the chemical tests described in this subsection within a reasonable time after his detention. The test results are admissible and shall be considered with other competent evidence in determining the defendant's innocence or guilt. If the person charged is administered a chemical test by a person of his own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.
(e)
If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver's blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance, or both, in the person's blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to the prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.
(f)
If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent's blood shall be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance or both in the decedent's blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident, and that agency shall forward the results to the department of state police.
(g)
The department of state police shall promulgate uniform rules under the administrative procedures act, Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.), as amended, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis may be used for a chemical test described in this subsection if approved pursuant to rules promulgated by the department of state police.
(7)
Introduction of other competent evidence on issue of intoxication not precluded. The provisions of Subsection (6) of this section relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance or whether the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 milliliters of breath or per 67 milliliters of urine, or if the person is less than 21 years of age whether the person had any bodily alcohol content within his body. As used in this section, the expression "any bodily alcohol content" means either of the following:
(a)
An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 milliliters of breath, or per 67 milliliters of urine.
(b)
Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(8)
Offender entitled to copy of test results upon written request; failure of prosecution to furnish as bar to admissibility into evidence. If a chemical test described in Subsection (6) of this section is administered, the test results shall be made available to the person charged or the person's attorney, upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two days before the day of the trial. The prosecution shall offer the test results as evidenced in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.
(9)
Presumptions. Except in a prosecution relating solely to a violation of Section 5.15(1)(b) or (4) the amount of alcohol in the driver's blood, breath or urine at the time alleged as shown by chemical analysis of the person's blood, breath or urine gives rise to the following presumptions:
(a)
If there were at the time 0.07 grams or less of alcohol per 100 milliliters of the defendant's blood, per 210 milliliters of the defendant's breath or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor.
(b)
If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant's blood, per 210 milliliters of the defendant's breath or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a vehicle was impaired within the provisions of section 5.15(3) due to the consumption of intoxicating liquor.
(c)
If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 milliliters of the defendant's breath or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor.
(10)
Jury instruction as to effect of refusal to take test. A person's refusal to submit to a chemical test as provided in Subsection (6) is admissible in a criminal prosecution for a crime described in Section 5.15c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence or guilt. The jury shall be instructed accordingly.
Sec. 5.15b. Arraignment; pretrial conference advising accused; licensing sanction.
(1)
Arraignment. A person arrested for a misdemeanor violation of Section 5.15(1), (3) or (4) or 5.15m shall be arraigned on the citation, complaint or warrant not more than 14 days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than 14 days after the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The time limit does not apply to a violation of Section 5.15(1), (3) or (4) or Section 5.15m joined with a felony charge.
(2)
Scheduling of pretrial conference; mandatory attendance by defendant; acceptance of plea; not more than one adjournment; final adjudication time limit. The court shall schedule a pretrial conference between the prosecuting attorney, the defendant and the defendant's attorney in each case in which the defendant is charged with a misdemeanor violation of Section 5.15(1), (3) or (4) or 5.15m. The pretrial conference shall be held not more than 35 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 35 days after the issued or reissued arrest warrant is served, whichever is later. If the court has only one judge who sits in more than one location in that district, the pretrial conference shall be held not more than 42 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 42 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit. The thirty-five- and forty-two-day time limits do not apply to a violation of Section 5.15(1), (3) or (4) or 5.15m joined with a felony charge. The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference. The court may adjourn the pretrial conference upon the motion of a party for good cause shown. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days.
(3)
Delays; adjudication. Except for delay attributable to the unavailability of the defendant, a witness or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, the court shall finally adjudicate by a plea of guilty or nolo contendere, entry of a verdict or other final disposition, a case in which the defendant is charged with a misdemeanor violation of Section 5.15(1), (3), or (4), or 5.15m, within 77 days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more than 77 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The seventy-seven-day time limit does not apply to a violation of Section 5.15(1), (3), or (4) or Section 5.15m joined with a felony charge.
(4)
Advisement of maximum penalty prior to acceptance of plea. Before accepting a plea of guilty or nolo contendere under Section 5.15, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the secretary of state pursuant to Section 204a of the act (MCL 257.204a, MSA 9.1904(1)), as amended.
(5)
Screening and assessment as to alcohol or drug abuse; rehabilitative services. Before imposing sentence, other than court-ordered license sanctions, for a violation of Section 5.15(1), (3), or (4), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment and rehabilitative services.
(6)
Consideration of prior convictions; imposition of licensing sanctions; restricted license. Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of Section 5.15(1), (3), or (4), whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the person's state driving record, except convictions the court determines upon the defendant's motion to be constitutionally invalid, and shall impose the following licensing sanctions:
(a)
For a conviction under Section 5.15(1):
(i)
If the court finds that the person has no prior convictions within seven years for a violation of Section 625(1), (3), (4) or (5) of the act (MCL 257.625(1), (3), (4), or (5), MSA 9.2325, (1), (3), (4), or (5)), or former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1) or (3) (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)), former Section 625(1) or (2) of the act or former Section 625b of the act, or a law of another state substantially corresponding to Section 625(1), (3), (4) or (5), former Section 625(1) or (2) of the act, or former Section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than six months or more than two years. If the court finds compelling circumstances under Subsection (10) sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the suspension, except that a restricted license shall not be issued during the first 30 days of the suspension.
(ii)
If the court finds that the person has one prior conviction within seven years for a violation of Section 625(3) of the act (MCL 257.625(3), MSA 9.2325, (3)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(3) of the act, or former Section 625b of the act, or a law of another state substantially corresponding to Section 625(3) of the act, or former Section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than six months or more than two years. If the court finds compelling circumstances under Subsection (10) sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 60 days of the suspension.
(iii)
If the court finds that the person has one or more prior convictions within seven years for a violation of Section 625(1), (4) or (5) of the act (MCL 257.625(1), (4) or (5), MSA 9.2325, (1), (4), or (5)), or former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1), or (2)), a local ordinance substantially corresponding to Section 625(1) of the act (MCL 257.625(1), MSA 9.2325, (1)), or former Section 625(1) or (2) of the act, or a law of another state substantially corresponding to Section 625(1), (4) or (5) of the act, or former Section 625(1) or (2) of the act, or that the person has two or more prior convictions within 10 years for a violation of Section 625(1), (3), (4) or (5) of the act (MCL 257.625(1), (3), (4) or (5), MSA 9.2325, (1), (3), (4), or (5)), former Section 625(1) or (2) of the act, or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)), former Section 625(1) or (2) of the act, or former Section 625b of the act, or a law of another state substantially corresponding to Section 625(1), (3), (4) or (5) of the act, former Section 625(1) or (2) of the act, or former Section 625b of the act, the court shall order the secretary of state to revoke the person's operator's or chauffeur's license and shall not order the secretary of state to issue a restricted license to the person.
(b)
For a conviction under Section 5.15(3):
(i)
If the court finds that the convicted person has no prior conviction within seven years for a violation of Section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4) or (5), MSA 9.2325, (1), (3), (4) or (5)), former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)), former Section 625(1) or (2) of the act, or former Section 625b of the act, or a law of another state substantially corresponding to Section 625(1), (3), (4), or (5) of the act, former Section 625(1) or (2) of the act, or former Section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than 90 days or more than one year. However, if the person is convicted of a violation of Section 5.15(3) for operating a vehicle when, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate the vehicle was visibly impaired, the court shall order the secretary of state to suspend the operator's or chauffeur's license of the person for not less than six months or more than one year. If the court finds compelling circumstances under Subsection (10) of this section sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the suspension.
(ii)
If the court finds that the person has one prior conviction within seven years for a violation of Section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4), or (5), MSA 9.2325, (1), (3), (4) or (5)), former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)) of the act or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)) of the act or former Section 625(1) or (2) of the act, or former Section 625b of the act, or a law of another state substantially corresponding to Section 625(1), (3), (4), or (5) of the act, former Section 625(1) or (2) of the act, or former Section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than six months or more than two years. If the court finds compelling circumstances under Subsection (10) of this section sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 60 days of the suspension.
(iii)
If the court finds that the person has two or more prior conviction within 10 years for a violation of Section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4) or (5), MSA 9.2325, (1), (3), (4) or (5)), or former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)), or former Section 625(1) or (2) of the act, or former Section 625b of the act, or a law of another state substantially corresponding to Section 625(1), (3), (4), or (5) of the act, or former Section 625(1) or (2) of the act, or former Section 625b of the act, the court shall order the secretary of state to revoke the person's operator's or chauffeur's license and shall not order the secretary of state to issue a restricted license to the person.
(c)
For a conviction under Section 5.15(4):
(i)
If the court finds that the convicted person has no prior conviction within seven years for a violation of Section 625(1), (3), (4), (5), or (6) of the act (MCL 257.625(1), (3), (4), (5), or (6), MSA 9.2325, (1), (3), (4), (5) or (6)), former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1), (3), or (6) of the act (MCL 257.625(1), (3) or (6), MSA 9.2325, (1), (3) or (6)), former Section 625(1) or (2), or former Section 625b, or a law of another state substantially corresponding to Section 625(1), (3), (4), (5), or (6), former Section 625(1) or (2), or former Section 625b, the court shall order the secretary of state to suspend the operator's or chauffeur's license of the person for not less than 30 days or more than 90 days. The court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the suspension.
(ii)
If the court finds that the person has one or more prior convictions within seven years for a violation of Section 625(1), (3), (4), (5), or (6) of the act (MCL 257.625(1), (3), (4), (5) or (6), MSA 9.2325, (1), (3), (4), (5) or (6)), former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1), (3), or (6) of the act (MCL 257.625(1), (3) or (6), MSA 9.2325, (1), (3) or (6)), former Section 625(1) or (2), or former Section 625b, or a law of another state substantially corresponding to Section 625(1), (3), (4), (5), or (6), former Section 625(1) or (2), or former Section 625b, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than 90 days or more than one year. The court may order the secretary of state to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 90 days of the suspension.
(7)
Permitted uses under restricted license. A restricted license issued pursuant to an order under Subsection (6) shall permit the person to whom it is issued to drive under one or more of the following circumstances:
(a)
To and from the person's residence and work location.
(b)
In the course of the person's employment or occupation.
(c)
To and from the person's residence and an alcohol or drug education or treatment program as ordered by the court.
(d)
To and from the person's residence and the court probation department or a court-ordered community service program, or both.
(e)
To and from the person's residence and an educational institution at which the person is enrolled as a student.
(f)
To and from the person's residence or work location and a place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate family.
(8)
Ignition interlock device requirement. The court may order that the restricted license issued pursuant to Subsection (6) include the requirement that the person shall not operate a motor vehicle unless the vehicle is equipped with a functioning ignition interlock device. The device shall be set to render the motor vehicle inoperable if the device detects an alcohol content of 0.02 grams or more per 210 liters of breath from the person who offers a breath sample. The court may order installation of an ignition interlock device on any motor vehicle that the person owns or operates, the costs of which the person whose license is restricted shall bear.
(9)
Hauling of hazardous materials under restricted license prohibited. The court shall not order the secretary of state under Subsection (6) to issue a restricted license that would permit a person to operate a commercial motor vehicle that hauls hazardous materials.
(10)
Transportation need requirement. The court shall not order the secretary of state to issue a restricted license unless the person states under oath, and the court finds pursuant to testimony taken in open court or pursuant to statements contained in a sworn affidavit on a form prescribed by the state court administrator, that both of the following are true:
(a)
The person needs vehicular transportation to and from his work location, place of alcohol or drug education treatment, court probation department, court-ordered community service program, or educational institution, or a place of regularly occurring medical treatment for a serious condition, or in the course of the person's employment or occupation.
(b)
The person is unable to take public transportation and does not have any family members or other individuals able to provide transportation to a destination or for a purpose described in subdivision (a).
(11)
Restricted license to indicate travel destination, route and time. The court order issued under Subsection (6) and the restricted license shall indicate the permitted destination of the person or the permitted purposes for which the person may operate a vehicle, the approved route if specified by the court, and permitted times of travel.
(12)
Surrender of license on conviction; abstract forwarded to secretary; suspension or revocation; issuance of restricted license; stay pending appeal. Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of Section 5.15(1), (3) or (4), the person shall surrender to the court his operator's or chauffeur's license or permit. The court shall immediately destroy the license or permit and forward an abstract of conviction with court-ordered license sanctions to the secretary of state. Upon receipt of, and pursuant to, the abstract of conviction with court-ordered license sanctions, the secretary of state shall suspend or revoke the person's license and, if ordered by the court and the person is otherwise eligible for a license, issue to the person a restricted license stating the limited driving privileges indicated on the abstract. If the judgment and sentence is appealed to the circuit court, the court may, ex parte, order the secretary of state to stay the suspension, revocation, or restricted license issued pursuant to this section pending the outcome of the appeal.
(13)
Vehicle group designation suspension; restricted license permitting commercial vehicle operation prohibited. In addition to any other suspension or revocation ordered under this section and as part of the sentence imposed upon a person who violates Section 5.15(1) or (3), while operating a commercial motor vehicle, the court shall order the secretary of state to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with Section 319b(1)(c) of the act (MCL 257.319b(1)(c), MSA 9.2019(2), (1)(c)), as amended. If the vehicle was transporting hazardous material required to have a placard pursuant to 49 CFR 100 to 199, the court shall order the secretary of state to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with Section 319b(1)(d) of the act (MCL 257.319b(1)(d), MSA 9.2019(2), (1)(d)), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle.
(14)
Vehicle group designation revocation; restricted license permitting commercial vehicle operation prohibited. In addition to any other suspension or revocation ordered under this section and as part of the sentence imposed upon a person who is convicted of a violation of Section 5.15(1) or (3), while operating a commercial motor vehicle within 10 years of a prior conviction, the court shall order the secretary of state to revoke the vehicle group designations on the person's operator's or chauffeur's license in accordance with Section 319b(1)(e) of the act (MCL 257.319b(1)(e), MSA 9.2019(2), (1)(e)), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this subsection, the term "prior conviction" means a conviction under Section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4), or (5), MSA 9.2325, (1), (3), (4), or (5)), former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding to Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)), former Section 625(1) or (2), or former Section 625b, or a law of another state substantially corresponding to Section 625(1), (3), (4), or (5), former Section 625(1) or (2), or former Section 625b involving the operation of a commercial motor vehicle, or a conviction under Section 625m of the act (MCL 257.625m, MSA 9.2325(13)), a local ordinance substantially corresponding to Section 625m, or a law of another state substantially corresponding to Section 625m.
(15)
Work location. As used in this section, the term "work location" means, as applicable, the specific place or places of employment or the territory or territories regularly visited by the person in pursuance of the person's occupation, or both.
Sec. 5.15c. Preliminary chemical breath analysis.
(1)
Consent to chemical test. A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the City, is considered to have given consent to chemical tests of his blood, breath or urine for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, in his blood or urine or the amount of alcohol in his breath, in all of the following circumstances:
(a)
If the person is arrested for a violation of Section 5.15(1), (3), (4), 5.15a or 5.15m.
(b)
If the person is arrested for felonious driving, negligent homicide, manslaughter or murder resulting from the operation of a motor vehicle and the peace officer had reasonable grounds to believe the person was operating the vehicle while impaired by or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance or while having an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or if the person is less than 21 years of age while having any bodily alcohol content. As used in this subdivision, the expression "any bodily alcohol content" means either of the following:
(i)
An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(ii)
Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(2)
Exceptions. A person who is afflicted with hemophilia, diabetes or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.
(3)
Administration. The tests shall be administered as provided in Section 5.15a(6).
Sec. 5.15d. Refusal to submit to chemical test.
(1)
Necessity of court order upon refusal of accused to submit to chemical test. If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to Section 5.15a(6), a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2)
Advisement of consequences of refusal; report to secretary of state. A written report shall immediately be forwarded to the secretary of state by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in Section 5.15c(1), and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the secretary of state.
Sec. 5.15e. Notice of receipt of report; request for hearing.
(1)
Generally. If a person refuses to submit to a chemical test pursuant to Section 5.15d, the peace officer shall immediately notify the person in writing, that within 14 days of the date of the notice the person may request a hearing as provided in Section 5.15f. The form of the notice shall be prescribed and furnished by the secretary of state.
(2)
Notice; contents; failure to request hearing, consequences; counsel. The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.
Sec. 5.15f. Failure to request hearing; effect.
(1)
Generally. If the person who refuses to submit to a chemical test pursuant to Section 5.15d does not request a hearing within 14 days after the date of notice pursuant to Section 5.15e, the secretary of state shall impose the following license sanctions:
(a)
If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege, for six months, or for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six months, or for a second or subsequent refusal within seven years, for one year.
(b)
If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person's operator's or chauffeur's license or permit, or nonresident privilege to operate a commercial motor vehicle, or if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for one year.
(c)
If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from, and within 10 years of, a prior refusal, revoke all vehicle group designations on the person's operator's or chauffeur's license or permit, or nonresident privilege to operate a commercial motor vehicle, or if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for not less than 10 years and until the person is approved for the issuance of a vehicle group designation.
(d)
If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in Section 5.15c other than a violation of Section 5.15a(5) or 5.15m, impose the license sanction described in Subdivision (a) and the license sanction described in Subdivision (b) or (c), as applicable.
(2)
Hearing; time for holding; scope of inquiry. If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in Section 322 of the act (MCL 257.322, MSA 9.2022). Not less than five days' notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under Section 5.15d and, if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the county where the arrest was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable request for an adjournment. Not more than one adjournment shall be granted to a party and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest for the violation. The hearing officer shall not impose any sanction for a failure to comply with these time limits.
(3)
Adjudication. Except for delay attributable to the unavailability of the defendant, a witness or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, a hearing shall be finally adjudicated within 77 days after the date of arrest. The hearing officer shall not impose any sanction for failure to comply with this time limit.
(4)
Issues covered by hearing. The hearing shall cover only the following issues:
(a)
Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in Section 5.15c(1).
(b)
Whether the person was placed under arrest for a crime described in Section 5.15c(1).
(c)
If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d)
Whether the person was advised of their rights under Section 5.15a(6).
(5)
Particular findings. A person shall not order a hearing officer to make a particular finding on any issue enumerated in Subsection (4)(a) to (d).
(6)
Record of proceedings, preparation, transcription; transmittal to reviewing court; stipulation; corrections. The hearing officer shall make a record of a hearing held pursuant to this section. The record shall be prepared and transcribed in accordance with Section 86 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.), as amended. Upon notification of the filing of a petition for judicial review pursuant to Section 323 of the Michigan Motor Vehicle Code (MCL 257.323, MSA 9.2023), and not less than 10 days before the matter is set for review, the hearing officer shall transmit to the court in which the petition was filed the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order issuance of a restricted license. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(7)
Failure of defendant to prevail; imposition of licensing sanctions. If the person who requested a hearing does not prevail, the secretary of state shall impose the following license sanctions after the hearing:
(a)
If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or a nonresident operating privilege of the person for six months, or for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six months, or for a second or subsequent refusal within seven years, for one year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in Section 323 of the act (MCL 257.323, MSA 9.2023), as amended.
(b)
If the person was operating a commercial motor vehicle, impose the sanction prescribed under Subsection (1)(b) or (1)(c), as applicable. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in Section 323 of the act (MCL 257.323, MSA 9.2023), as amended.
(c)
If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in Section 5.15c, other than a violation of Section 5.15a(5) or 5.15m, impose the license sanctions described in Subdivisions (a) and (b).
(8)
Petition to review determination. If the person who requested the hearing prevails, the peace officer who filed the report under Section 5.15d may, with the consent of the prosecuting attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer as provided in Section 323 of the act (MCL 257.323, MSA 9.2023), as amended.
(9)
Suspension or revocation of nonresident's license; procedure. When it has been finally determined that a nonresident's privilege to operate a vehicle in the state has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of each state in which he has a license to operate a motor vehicle.
Sec. 5.15g. Duty of officer upon refusal.
(1)
Confiscation by peace officer of accused's license upon refusal to take test or if test reveals impermissible blood alcohol content; issuance of temporary license; report to secretary of state; destruction of accused's license. If a person refuses a chemical test offered pursuant to Section 5.15a(6) or submits to the chemical test or a chemical test is performed pursuant to a court order and the test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the following:
(a)
On behalf of the secretary of state, immediately confiscate the person's license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the secretary of state.
(b)
Except as provided in Subsection (2), immediately do all of the following:
(i)
Forward a copy of the written report of the person's refusal to submit to a chemical test required under Section 625d to the secretary of state.
(ii)
Notify the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the person.
(iii)
Destroy the person's driver's license or permit.
(2)
Duty of peace officer when report of test results are not immediately available. If a person submits to a chemical test offered pursuant to Section 5.15a(6) that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with Subsection (1)(a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately comply with Subsection (1)(b). If the report does not reveal an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person's license or permit by first class mail to the address given at the time of arrest.
(3)
Temporary license or permit; period of validity. A temporary license or permit issued under this section is valid for one of the following time periods:
(a)
If the case is not prosecuted, for 90 days after issuance or until the person's license or permit is suspended pursuant to Section 5.15f, whichever occurs earlier. The prosecuting attorney shall notify the secretary of state if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the secretary of state if a case is not referred to the prosecuting attorney for prosecution.
(b)
If the case is prosecuted, until the criminal charges against the person are dismissed, the person pleads guilty or nolo contendere to or is found guilty of or acquitted of those charges, or the person's license or permit is suspended pursuant to Section 5.15f, whichever occurs earlier.
(4)
Unlawful blood content; defined. As used in this section, "unlawful alcohol content" means any of the following, as applicable:
(a)
If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b)
If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c)
If the person tested is not a person described in subdivision (a) or (b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Sec. 5.15m. Prohibition of operation of commercial motor vehicle with certain percentage of alcohol in blood.
(1)
Operator restrictions. A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine shall not operate a commercial motor vehicle within this state.
(2)
Arrest for violation. A peace officer may arrest a person without a warrant if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a commercial motor vehicle involved in the accident and was operating the vehicle in violation of this section or of a local ordinance substantially corresponding to this section.
(3)
Violation as misdemeanor; penalty for conviction; suspension of vehicle group designations on license or hazardous material placard; prohibition against issuance of restricted license. A person who is convicted of a violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $300, or both, together with costs of the prosecution. As part of the sentence, the court shall order the secretary of state to suspend the vehicle group designations on the person's operator's or chauffeur's license pursuant to Section 319b(1)(c) of the act (MCL 257.319b(1)(c), MSA 9.2019(2), (1)(c)), as amended, or, if the vehicle was carrying hazardous material required to have a placard pursuant to 49 CFR 100 to 199, in accordance with Section 319b(1)(d) of the act (MCL 257.319b(1)(d), MSA 9.2019(2), (1)(d)), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle.
(4)
Enhancement of punishment for violation within 10 years of prior conviction; revocation of vehicle group designations on license; issuance of restricted license. A person who violates this section within 10 years of a prior conviction may be sentenced to imprisonment for not more than 90 days or a fine of not more than $500, or both. As part of the sentence, the court shall order the secretary of state to revoke the vehicle group designations on the person's operator's or chauffeur's license pursuant to Section 319b(1)(e) of the act (MCL 257.319b(1)(e), MSA 9.2019(2), (1)(e)), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this subsection, "prior conviction" means a conviction for a violation of this section, Section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4), or (5), MSA 9.2325, (1), (3), (4), or (5)), former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)); a local ordinance substantially corresponding to this section, Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)), former Section 625(1) or (2), or former Section 625b; or a law of another state substantially corresponding to this section, Section 625(1), (3), (4), or (5), former Section 625(1) or (2), or former Section 625b, while operating a commercial motor vehicle.
(5)
Points of conviction. When assessing points and taking license actions under the act, the secretary of state and the court shall treat a conviction for an attempted violation of Subsection (1) of this section the same as if the offense had been completed.
Sec. 5.15n. Motor vehicle forfeiture; hearing, priority, penalties.
(1)
Except as otherwise provided in this section and in addition to any other penalty provided for in this ordinance, the judgment of sentence for a conviction for a violation of Section 5.15(1), or a violation of Section 5.15(3) describe in Section 5.15(7)(b)(c) may require one of the following with regard to the vehicle used in the offense if the defendant owns the vehicle in whole or in part or leases the vehicle:
(a)
Forfeiture of the vehicle if the defendant owns the vehicle in whole or in part.
(b)
Return of the vehicle to the lessor if the defendant leases the vehicle.
(2)
The vehicle may be seized pursuant to an order of seizure by the court having jurisdiction upon a showing of probable cause that the vehicle is subject to forfeiture or return to the lessor.
(3)
The forfeiture of a vehicle is subject to the interest of the holder of a security interest who did not have prior knowledge of or consent to the violation.
(4)
Within three days after the defendant's conviction for a violation described in Subsection (1), the court shall notify the defendant, his or her attorney, and the prosecuting attorney if the court intends to consider imposing a sanction under this section. Within three days after this notice, the prosecuting attorney shall give notice to all owners of the vehicle and any person holding a security interest in the vehicle that the court may require forfeiture or return of the vehicle.
(5)
If a vehicle is seized before disposition of the criminal proceedings, a defendant who is an owner or lessee of the vehicle may move the court having jurisdiction over the proceeding to require the seizing agency to file a lien against the vehicle and to return the vehicle to the owner or lessee pending disposition of the criminal proceedings. The court shall hear the motion within seven days after the motion is filed. If the defendant establishes at the hearing that he or she holds the legal title of the vehicle or that he or she has a leasehold interest and that it is necessary for him or her or a member of his or her family to use the vehicle pending the outcome of the forfeiture action, the court may order the seizing agency to return the vehicle to the owner or lessee. If the court orders the return of the vehicle to the owner or lessee, the court shall order the seizing agency to file a lien against the vehicle.
(6)
Within 14 days after notice by the prosecuting attorney is given under Subsection (4), an owner, lessee, or holder of a security interest may file a claim of interest in the vehicle. Within 21 days after the expiration of the period for filing claims, but before sentencing, the court shall hold a hearing to determine the legitimacy of any claim, the extent of any co-owner's equity interest, and the liability of the defendant to any co-lessee.
(7)
If a vehicle is forfeited under this section, the unit of government that seized the vehicle shall sell vehicle and dispose of the proceeds in the following order of priority:
(a)
Pay any outstanding security interest of a secured party who did not have prior knowledge of or consent to the commission of the violation.
(b)
Pay the equity interest of a co-owner who did not have prior knowledge of or consent to the commission of the violation.
(c)
Satisfy any order of restitution entered in the prosecution for the violation.
(d)
Pay the claim of each person who shows that he or she is a victim of the violation to the extent that the claim is not covered by an order of restitution.
(e)
Pay any outstanding lien against the property that has been imposed by a governmental unit.
(f)
Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising, and court costs.
(g)
The balance remaining after the payment of items (a) through (f) shall be distributed by the court having jurisdiction over the forfeiture proceedings to the unit or units of government substantially involved in effecting the forfeiture. 75% of the money received by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws and 25% of the money shall be used to implement the Crime Victim's Rights Act, Act No. 87 of the Public Acts of 1985, being Sections 780.751 to 780.834 of the Michigan Complied Laws. A unit of government receiving money under this subdivision shall report annually to the department of management and budget the amount of money received under the subdivision that was used to enhance enforcement of the criminal laws and the amount that was used to implement the Crime Victim's Rights Act.
(8)
The court may order the defendant to pay to a co-lessee any liability determined under Subsection (6). The order may be enforced in the same manner as a civil judgment.
(9)
The return of a vehicle to the lessor under this section does not affect or impair the lessor's rights or the defendant's obligations under the lease.
(10)
A person who knowingly conceals, sells, gives away, or otherwise transfers or disposes of a vehicle with the intent to avoid forfeiture or return of the vehicle to the lessor under this section is guilty of a felony punishable by imprisonment for not more than four years or a fine of not more than $2,000, or both.
Sec. 5.16b. Transporting or possessing liquor within passenger compartment.
(1)
Possession of alcoholic liquor in passenger compartment. Except as provided in Subsection (2), a person shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.
(2)
Exception. A person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state, if the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is enclosed or encased and the container is not readily accessible to the occupants of the vehicle.
(3)
Violation as misdemeanor. A person who violates this section is guilty of a misdemeanor. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of Section 5.15(4).
(4)
Chartered vehicle exception. This section does not apply to a passenger in a chartered vehicle authorized to operate by the state department of transportation.
Sec. 5.16c. Consumption of liquor on highways or property open to public; violation as a misdemeanor.
(1)
Alcoholic liquor shall not be consumed on a highway, street, or alley, or on any public or private property which is open to the general public and which is not licensed to sell alcoholic liquor for consumption on the premises.
(2)
A person who violates this section is guilty of a misdemeanor.
Sec. 5.62a. Driving while license suspended or revoked.
(1)
Generally. A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked and who has been notified as provided in Section MCL 257.212 of the suspension or revocation, whose application for license has been denied or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within the City.
(2)
A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this State by a person whose license or registration certificate is suspended or revoked, whose application for license had been denied, or who has never applied for a license, except as permitted under this act.
(3)
Except as otherwise provided in this section, a person who violates Subsection (1) or (2) is guilty of a misdemeanor punishable as follows: For the first violation, by imprisonment for not more than 93 days or a fine of not more than $500, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the Secretary of State upon notification by a peace officer.
(4)
Before a person is arraigned before a district court magistrate or judge on a charge of violating this section, the arresting officer shall obtain the person's driving record from the Secretary of State and shall furnish the record to the court the driving record of the person may be obtained from the Secretary of State's computer information network.
(5)
This section does not apply to a person who operates a vehicle solely for the purpose of protecting human life or property if the life or property is endangered and summoning prompt aid is essential.
(6)
A person whose vehicle group designation is suspended or revoked and who has been notified as provided in Section MCL 257.212 of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided in this act, or who has never applied for a vehicle group designation and who operates a commercial motor vehicle within this State, except as permitted under this act, while any of those conditions exist, is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not less than three days or more than 93 days or a fine of not more than $100, or both.
(7)
For purpose of this section, a person who never applied for a license includes a person who applied for a license, was denied, and never applied again.
(8)
When a police officer detains the driver of a motor vehicle for a violation of a law of this State or local ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:
(a)
Immediately confiscate the vehicle's registration plate and destroy it.
(b)
Issue a temporary vehicle registration plate for the vehicle in the same form prescribed by the Secretary of State for temporary registration plates issued under Section MCL 257.226(a) or (b).
(c)
Place the temporary vehicle registration plate on the vehicle in the manner required by the Secretary of State.
(d)
Notify the Secretary of State through the law enforcement network in a form prescribed by the Secretary of State that the registration plate was confiscated and destroyed, and a temporary plate was issued.
(9)
A temporary vehicle registration plate, issued under Section (8), is valid until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those charges, or the person is found guilty of or is acquitted of those charges.
(10)
A court shall order a vehicle immobilized under Section MCL 257.904(d) by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle. If a vehicle is immobilized under this section, the court may order the vehicle stored at a location and in a manner considered appropriate by the court. The court may order the person convicted of violating Section MCL 257.625 or a suspension, revocation, or denial under Section MCL 257,904 to pay the cost of immobilizing and storing the vehicle.
(11)
A vehicle subject to immobilization under this section may be sold during the period of immobilization, but shall not be sold to a person who is exempt from paying a use tax under Section 3(3)(a) of the Use Tax Act, 1937 PA 94, MCL 205.93 without a court order.
(12)
A defendant, who is prohibited from operating a motor vehicle by vehicle immobilization, shall not purchase, lease, or otherwise obtain a motor vehicle during this immobilization period.
(13)
A person shall not remove, tamper with, or bypass or attempt to remove, tamper with, or bypass a device that he or she knows or has reason to know has been installed on a vehicle by court order by vehicle immobilization or operate or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized.
(14)
A person who violates any of Section (11), (12), or (13) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(15)
To the extent that a local ordinance regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the local ordinance is preempted.
(16)
If a peace officer stops a vehicle that is being operated in violation of an immobilization order, the vehicle shall be impounded pending an order of a court of competent jurisdiction.
(17)
The court shall require the defendant or a person, who provides immobilization services to the court under this section, to certify that a vehicle ordered immobilized by the court is immobilized as required.
Sec. 5.63b. Production of evidence of insurance.
(1)
The owner or operator of a motor vehicle who operates or permits its operation upon a street or other area open for travel to the public shall produce, upon request of a police officer, evidence that the vehicle is insured.
(2)
Every owner or operator of a motor vehicle who fails to produce evidence when requested to do so or within 72 hours thereafter is guilty of a civil infraction.
(3)
Every owner or operator of a motor vehicle who knowingly produces false evidence of automobile insurance under this section is guilty of a misdemeanor.
Sec. 5.82. Mandatory child restraints.
(1)
Except as provided in this section, or as otherwise provided by law, a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.), as amended, or federal regulation, each driver transporting a child in a motor vehicle shall properly secure each child in a child restraint system as follows:
(a)
Any child less than one year of age in a child restraint system which meets the standards prescribed in 49 CFR 571.213, except as provided in Subsection (6).
(b)
Any child one year of age or more but less than four years of age, when transported in the front seat, in a child restraint system which meets the standards prescribed in 49 CFR 571.213, except as provided in Subsection (6).
(c)
Any child one year of age or more but less than four years of age, when transported in the rear seat, in a child restraint system which meets the standards prescribed in 49 CFR 571.213, unless the child is secured by a safety belt provided in the motor vehicle, except as provided in Subsection (6).
(2)
This section does not apply to any child being nursed.
(3)
This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts under federal law or regulations.
(4)
A person who violates this section is responsible for a civil infraction.
(5)
Points shall not be assessed under Section 320a of the act (MCL 257.320a, MSA 9.2020(1)), as amended, for a violation of this section. An abstract required under Section 732 of the act (MCL 257.732, MSA 9.2432), as amended, shall not be submitted to the secretary of state regarding a violation of this section.
(6)
The secretary of state may exempt by rules promulgated pursuant to Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.), as amended, a class of children from the requirements of this section, if the secretary of state determines that the use of the child restraint system required under Subsection (1) is impractical because of physical unfitness, a medical problem, or body size. The secretary of state may specify alternate means of protection for children exempted under this subsection.
Sec. 5.83. Safety belt required; enforcement.
(1)
This section shall not apply to a driver or passenger of:
(a)
A motor vehicle manufactured before January 1, 1965.
(b)
A bus.
(c)
A motorcycle.
(d)
A moped.
(e)
A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.
(f)
A motor vehicle which is not required to be equipped with safety belts under federal law.
(g)
A commercial or United States Postal Service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services.
(h)
A motor vehicle operated by a rural carrier of the United States Postal Service while serving his rural postal route.
(2)
This section shall not apply to a passenger of a school bus.
(3)
Each driver and front seat passenger of a motor vehicle operated on a street or highway within the City shall wear a properly adjusted and fastened safety belt, except that a child less than four years of age shall be protected as required in Section 5.82.
(4)
Each driver of a motor vehicle transporting a child four years of age or more but less than 16 years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt. If the motor vehicle is transporting more children than there are safety belts available for use, all safety belts available in the motor vehicle are being utilized in compliance with this section, and the driver and all front seat passengers comply with Subsection (3) of this section, then the driver of a motor vehicle transporting a child four years of age or more but less than 16 years of age for which there is not an available seat belt is in compliance with this subsection if that child is seated in other than the front seat of the motor vehicle. However, if that motor vehicle is a pickup truck without an extended cab or jump seats, and all safety belts in the front seat are being used, the driver may transport such a child in the front seat without a safety belt.
(5)
Enforcement of this section by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of this act.
(6)
Failure to wear a safety belt in violation of this section may be considered evidence of negligence and may reduce the recovery for damages arising out of the ownership, maintenance or operation of a motor vehicle. However, such negligence shall not reduce the recovery for damages by more than 5%.
(7)
A person who violates this section is responsible for a civil infraction punishable by a civil fine of not more than $25.
(8)
Points shall not be assessed under Section 320a of the act (MCL 257.320a, MSA 9.2020(1)), as amended, for a violation of this section.
Sec. 5.96. Unnecessary noise.
No person shall, upon any of the public streets or alleys of the City, or any other place open to the general traffic of the public in the City including any areas designated for parking a motor vehicle, start, turn, swerve or stop a motor vehicle in a manner tending to cause the motor vehicle to skid, slide or spin its wheels, or make unnecessary screeching noises or other unnecessary noises with a motor vehicle.
Sec. 5.97. School bus; signs; overtaking, meeting and passing; mirror; evidence of violation; violation as civil infraction.
(1)
The driver of a vehicle overtaking or meeting a school bus which has stopped and is displaying two alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. At an intersection where traffic is controlled by an officer or a traffic stop-and-go signal, a vehicle need not be brought to a full stop before passing a stopped school bus, but may proceed past the school bus at a speed not greater than is reasonable and proper but not greater than 10 miles an hour and with due caution for the safety of passengers being received or discharged from the school bus. The driver of a vehicle who fails to stop for a school bus, as required by this subsection, who passes a school bus in violation of this subsection, is responsible for a civil infraction.
(2)
The driver of a vehicle upon a highway which has been divided into two roadways by leaving an intervening space, or by a physical barrier, or clearly indicated dividing sections, so constructed as to impede vehicular traffic, need not stop upon meeting a school bus which has stopped across the dividing space, barrier or section.
(3)
In a proceeding for a violation of Subsection (1), proof that the particular vehicle described in the citation was in violation of Subsection (1), together with proof that the defendant named in the citation was, at the time of the violation, the registered owner of the vehicle shall constitute in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
(4)
In addition to the civil fine and costs provided for a civil infraction under section 907, the judge, district court referee or district court magistrate may order a person who violates this section to perform not to exceed 100 hours of community service at a school.
Sec. 5.97a. Driving on closed street.
No person shall drive or operate a motor vehicle upon, over or across any public street which has been closed to public travel by a barricade and no person shall take down, remove or set aside any barricade, or drive around, over or through any barricade which may be placed upon the street by the public officers or employees of the City.
Sec. 5.98. Exhibition driving.
It shall be unlawful for any person to engage in exhibition driving of a motor vehicle on any street, alley or road, or in any park or public place, or on any private grounds without the written permission of the owner thereof, within the City.
For the purpose of this section, any one or more of the following shall constitute exhibition driving:
(a)
Drag racing, i.e., operating one or two or more motor vehicles by fast acceleration thereof, in an attempt to compete with the other vehicle.
(b)
Racing, i.e., operating a motor vehicle alone or in company with other motor vehicle or vehicles in an attempt to compete with other motor vehicles over a given course or an allotted time limit.
(c)
Sudden rapid acceleration for the purpose of test, contest or exhibition other than necessary to avoid other traffic which is not in contest with the driver.
(d)
Squalling, peeling or burning tires, i.e., racing the motor and spinning the wheels on pavement, thereby causing a noise from the tires so spinning.
(e)
Fish tailing, i.e., spinning the tires, causing the back of the car to sway from side to side.
(f)
Playing chicken, i.e., two motor vehicles racing towards each other in an attempt to see which driver chickens out first and turns his motor vehicle to avoid a head-on collision.
(g)
Engaging in a game, i.e., using a motor vehicle in a dangerous manner in the course of any other game or contest.
(h)
Show-off driving, i.e., any other dangerous intentional operation of a motor vehicle which would tend to attract the attention of the public, whether there were people present or not and whether or not there was other traffic, either pedestrian or motor traffic, or any other kind of traffic present.
Sec. 5.99. Prohibited parking on City streets, rights-of-way and other public areas at specified times; exceptions.
(1)
On curbed City streets. There shall be no parking of motor vehicles on any curbed streets within the City between the hours of 2:00 a.m. until 6:00 a.m. of any day of the week.
(2)
On city-maintained City street right-of-way areas of noncurbed streets. There shall be no parking of motor vehicles on any city-maintained City street right-of-way areas adjacent to noncurbed streets within the City between the hours of 2:00 a.m. until 6:00 a.m. of any day of the week.
(3)
Permitted parking exceptions. Notwithstanding the prohibitions set forth in Subsections (1) and (2) hereof, motor vehicle parking, subject to specific posted regulations regulating specific parking areas and spaces, is permitted at any time of any day, as follows:
(a)
In the downtown business/commercial areas in the City in front of and adjacent to business establishments which function for and are open to all-night business activities and operations.
(b)
In downtown public parking lots and areas.
(4)
Prohibition against parking during a snow emergency. To facilitate snow removal procedures, there shall be no parking of motor vehicles on any City street, alley, City right-of-way or public parking lots and areas during that period of time declared by the superintendent of public works of the City as a snow emergency.
(5)
Penalties. Violation of any of the provisions of this section shall be construed as a civil infraction and upon adjudication of responsibility, shall subject the violator to a monetary fine not to exceed $100.
Sec. 8.10. Parking prohibited in specified places.
(1)
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:
(a)
On a sidewalk.
(b)
In front of a public or private driveway.
(c)
Within an intersection.
(d)
Within 15 feet of fire hydrant, unless the fire hydrant is located in front of residential property and the road frontage of the property does not allow for space of 15 feet between the fire hydrant and a vehicle parking as near as possible to a property line. In such a case the owner of the residential property, and those authorized by the owner, shall be permitted to park within 15 feet of the fire hydrant, provided the vehicle is parked as near as possible to a property line. In no event shall any person park his vehicle in such a way that any portion of the vehicle is directly in front of the fire hydrant.
(e)
On a crosswalk.
(f)
Within 20 feet of a crosswalk or if there is not a crosswalk, then within 15 feet of the intersection of property lines at an intersection of highways.
(g)
Within 30 feet of the approach to a flashing beacon, stop sign or traffic control signal located at the side of a highway.
(h)
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.
(i)
Within 50 feet of the nearest rail of a railroad crossing.
(j)
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.
(k)
Alongside or opposite a street excavation or obstruction, if the stopping, standing or parking would obstruct traffic.
(l)
On the roadway side of a vehicle stopped or parked at the edge or curb of a street.
(m)
Upon a bridge or other elevated highway structure or within a highway tunnel.
(n)
At a place where an official sign prohibits stopping or parking.
(o)
Within 200 feet of an accident at which a police officer is in attendance.
(p)
In front of a theater.
(q)
In a place or in a manner which blocks immediate egress from an emergency exit conspicuously marked as an emergency exit of a building.
(r)
In a place or in a manner which blocks or hampers the immediate use of an immediate egress from a fire escape, conspicuously marked as a fire escape, providing an emergency means of egress from a building.
(s)
In a parking space clearly identified by an official sign as being reserved for use by handicappers which is on public property or private property available for public use, unless the person is a handicapper as described in Section 1.012b of this code or unless the person is parking the vehicle for the benefit of a handicapper. In order for the vehicle to be parked in the parking space the vehicle shall display one of the following:
(i)
A certificate of identification or windshield placard issued under Section 675 of the act (MCL 257.675, MSA 9.2375) to a handicapper.
(ii)
A special registration plate issued under Section 803d of the act (MCL 257.803d) to a handicapper.
(iii)
A similar certificate of identification or windshield placard issued by another state to a handicapper.
(iv)
A similar special registration plate issued by another state to a handicapper.
(v)
A special registration plate to which a handicapper tab is attached issued under the act.
(t)
Within 500 feet of a fire at which fire apparatus is in attendance when the scene of the fire lies outside a City or village. However, volunteer firefighters responding to the fire may park within 500 feet in a manner that does not interfere with fire apparatus at the scene. Vehicles legally parked before the fire shall be exempt from this subdivision.
(u)
In violation of an official sign restricting the period of time for or manner of parking.
(v)
In a space controlled or regulated by a meter on a public highway or in a publicly owned parking area or structure, if the allowable time for parking indicated on the meter has expired.
(w)
On a street in such a way as to obstruct the delivery of mail to a rural mailbox by a carrier of the United States Postal Service.
(x)
In a place or manner which blocks the use of an alley.
(y)
In the space or area between a public sidewalk and the curb of a public street.
(2)
A person who violates this section is responsible for a civil infraction.
[Amended 4-7-2003 by Ord. No. 03-01]
The penalties provided by the Uniform Traffic Code for Cities, Townships, and Villages are adopted by reference.