[Adopted 5-17-2000 by Ord. No. 127]
Pursuant to the authority granted by the City of New Buffalo
by MCLA § 117.3; MSA 5.2073, as amended, the Michigan Vehicle
Code (MCLA § 257.1; MSA 9.1801 through and including MCLA
§ 257.923; MSA 9.2623, as may be amended from time to time
by the State of Michigan) is adopted by reference and made part of
this chapter as if fully set forth herein.
A.
Purpose. The purpose of the Michigan Vehicle Code is to provide for
the registration, titling, sale, transfer and regulation of certain
vehicles operated upon the public highways of this state or any other
place open to the general public or generally accessible to motor
vehicles and distressed vehicles; to provide for the examination,
licensing and control of operators and chauffeurs; to provide for
the giving of proof of financial responsibility and security by owners
and operators of vehicles; to provide for the regulation and use of
streets and highways; to provide penalties and sanctions for a violation
of the Code; to provide for civil liability of owners and operators
of vehicles and to provide for the enforcement of the Code; and to
provide for the creation of and to prescribe the powers and duties
of certain state and local agencies. Complete printed copies of the
Michigan Vehicle Code shall be kept at the office of the City Clerk
available for inspection by and distribution to the public at all
times. References in the Michigan Vehicle Code to "state" shall mean
the City of New Buffalo. Section numbers of the Michigan Vehicle Code
shall also apply to violations of this City ordinance, except that
City ordinance violations shall bear the prefix "F10" instead of "257."
B.
Evidence of insurance; produce upon request; driver's license suspension
(MCLA § 257.328).
1.
The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the streets of the City or the operator of the motor vehicle shall produce, pursuant to Subsection B(2), upon request of a police officer, evidence that the motor vehicle is insured under Chapter 31 of Act No. 218 of the Public Acts of 1956, as amended, being MCLA §§ 500.3101 through 500.3179. An owner or operator of a motor vehicle who fails to produce evidence under this subsection when requested to produce that evidence is responsible for a civil infraction.
2.
A certificate of insurance, if issued by an insurance company, which
certificate states that security which meets the requirements of Sections
3101 and 3102 of Act No. 218 of the Public Acts of 1956, as amended,
being MCLA §§ 500.3101 and 500.3102, is in force and
shall be accepted as prima facie evidence that insurance is in force
for the motor vehicle described in the certificate of insurance until
the expiration date shown on the certificate. The certificate, in
addition to describing the motor vehicles for which insurance is in
effect, shall state the name of each person named on the policy, policy
declaration, or a declaration certificate whose operation of the vehicle
would cause the liability coverage of that insurance to become void.
3.
If an owner of a motor vehicle is determined to be responsible for a violation of Subsection B(1), the court in which the civil infraction determination is entered may require the person to surrender his or her operator's or chauffeur's license unless proof that the vehicle has insurance meeting the requirements of Section 3102 of Act No. 218 of the Public Acts of 1956, as amended, is submitted to the court. If the court requires the license to be surrendered, the court shall order the Secretary of State to suspend the person's license and shall forward the surrendered license and a certificate of civil infraction to the Secretary of State. Upon receipt of the certificate of civil infraction and the surrendered license, the Secretary of State shall suspend the person's license beginning with the date on which a person is determined to be responsible for the civil infraction for a period of 30 days or until proof of insurance which meets the requirements of section 3102 of Act No. 218 of the Public Acts of 1956, as amended, is submitted to the Secretary of State, whichever occurs later. If the license is not forwarded, an explanation of the reason why it is not forwarded shall be attached. A person who submits proof of insurance to the Secretary of State under this subsection shall pay a service fee of $10 to the Secretary of State. The person shall not be required to be examined as set forth in section 320c of the Michigan Motor Vehicle Code.[1]
[1]
Editor's Note: See MCLA § 257.320c.
4.
An owner or operator of a motor vehicle who knowingly produces false
evidence under this section is guilty of a misdemeanor, punishable
by imprisonment for not more than 90 days, or a fine of not more than
$500, or both.
5.
Points shall not be entered on a driver's record for a violation
of this section.
6.
This section does not apply to the owner or operator of a motor vehicle
that is registered in a state other than this state or a foreign country
or province.
C.
Mandatory child restraints (MCLA § 257.710d).
1.
Except as provided in this section, or as otherwise provided by law,
a rule promulgated pursuant to Act No. 306 of the Public Acts of 1969,
as amended, being MCLA §§ 24.201 through 24.315, or
federal regulations, 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.
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 of 49 CFR 571.213.
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 of 49 CFR 571.213, unless the child is secured
by a safety belt provided in the motor vehicle.
2.
This section does not apply to a nonresident driver transporting
a child in this state or 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 Section 710b of
the Michigan Motor Vehicle Code[2] or federal law or regulations.
[2]
Editor's Note: See MCLA § 257.710b.
4.
A person who violates this section is responsible for a civil infraction.
5.
6.
The Secretary of State may exempt by rules promulgated pursuant to Act No. 306 of the Public Acts of 1969, 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 C(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.
D.
Mandatory safety belt use; exemptions (MCLA § 257.710e).
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 or her rural postal route.
2.
This section shall not apply to a passenger of a school bus.
3.
4.
Enforcement of this section 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 Code or another act.
5.
Failure to wear a safety belt in violation of this section may be
considered evidence of negligence and may reduce the recovery for
damage 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%.
6.
A person who violates this section is responsible for a civil infraction.
8.
This section shall not apply after April 1, 1989, if, on that date
or at any time thereafter, the United States government requires the
installation of passive passenger restraints in new automobiles, whether
that requirement is by statute, administrative rule, court decision,
or any other way.
E.
Adoption of Uniform Traffic Code by reference.
[Amended 9-14-2004 by Ord. No. 146]
1.
Pursuant to the authority granted the City of New Buffalo by MCLA
§ 257.951, the Uniform Traffic Code for Cities, Townships
and Villages promulgated by the Director of the Michigan Department
of State Police and made effective November, 2003, including the penalties
provided in that Uniform Traffic Code, is adopted by reference and
made a part of this article. References in the Uniform Traffic Code
to a "governmental unit" shall mean the City of New Buffalo.
2.
The purpose of the Uniform Traffic Code is to provide for the regulation
of motor vehicle and other traffic within the City of New Buffalo,
consistent with and supplementary to the Michigan Vehicle Code previously
adopted by the City, and to provide for the enforcement of the Code
and penalties and sanctions for violations of the Code. Complete printed
copies of the Uniform Traffic Code shall be kept at the office of
the City Clerk, available for inspection by the public. The Uniform
Traffic Code has its own numbering system, and all citations for violations
of the Code issued by the police or other departments of the City
shall refer to the appropriate section number of the Uniform Traffic
Code.
3.
Any subsections or provisions of the Code of Ordinances of the City
of New Buffalo conflicting with the Uniform Traffic Code are repealed.
