[Adopted 4-13-2015 by Ord. No. 48]
As used in this article, the following terms shall have the
meanings indicated:
Every vehicle that is designed for agricultural purpose and
exclusively used by the owner thereof in the conduct of agricultural
operations.
Includes an agency, company, organization, firm, association,
partnership, joint venture, corporation, trust or equivalent entity
or a combination of any of them as well as a natural person.
Any street, highway or route within Three Oaks Township.
Every vehicle, with or without motive power, designed for
carrying persons or property and for being drawn by a motor vehicle
and so constructed that some part of its weight and that of its load
rests upon or is carried by some other vehicle.
Every vehicle, with or without motive power, designed for
carrying persons or property and for being drawn by a motor vehicle
and so constructed that no part of its weight rests upon the towing
vehicle.
Every motor vehicle that is designed, used or maintained
primarily for the transportation of property, except a pickup truck
or a van designed to carry loads of no more than one ton.
Every motor vehicle designed and used primarily for drawing
other vehicles, and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn.
Any word or term not defined herein shall be considered to be
defined in accordance with its common or standard definition.
[Amended 4-9-2018 by Ord.
No. 48A]
The following primary roads in Three Oaks Township, to the exclusion
of all other roads, are hereby designated as truck routes and classified
for truck traffic:
|
Name of Street
|
Location
|
|---|---|
|
Avery Road
|
South to Highway U.S. 12 west
|
|
Basswood Road South
|
To Forest Lawn Road east
|
|
Forest Lawn Road
|
East to Three Oaks Road south
|
|
Highway U.S. 12 west
|
To Basswood Road south
|
|
Kruger Road
|
To the eastern Township boundary at Avery Road South
|
|
Three Oaks Road
|
From the northern Township boundary, to east on Kruger Road
|
|
Three Oaks Road
|
South to the southern Township boundary
|
Except as expressly permitted under this article, no person
shall operate a truck, or truck-tractor and semitrailer, or truck-tractor
and trailer combination, or truck and trailer combination in Three
Oaks Township on any road other than a designated truck route.
The truck route limitations prescribed in this article shall
not apply to:
A.
Fire trucks or other emergency vehicles or vehicle on emergency business
involved in the saving of life or property; or
B.
Implements and vehicles of husbandry incidentally moved upon a road;
or
C.
Road repair, construction or maintenance vehicles while involved
in the repair, construction or maintenance of roads within the Township;
or
D.
Garbage service vehicles while involved in the provision of services
to residents of the Township.
A vehicle that would otherwise be restricted to truck routes
and which is being used to make pickups, deliveries or service calls
in the Township on roads other than designated truck routes shall
restrict its travel to a minimum and shall not be driven or moved
on other than truck routes except when being used to make pickups,
deliveries or service calls within the Township. Said vehicle shall
be driven in such a manner as to leave a permitted truck route and
proceed to its destination or destinations in the Township by the
most direct route. Upon completion of the pickups, deliveries or service
calls, the vehicle shall return to the nearest permitted truck route
or leave the Township by the most direct route. This section shall
not be interpreted as permitting a vehicle otherwise restricted to
a truck route from entering or leaving the Township by other than
a truck route.
Nothing herein contained shall prevent a truck, or truck-tractor
and semitrailer, or truck tractor and trailer combination, or truck
and trailer combination from leaving or returning to its customary
storage location at the owner's personal residence, or a commercial
or industrial location in the Township, provided the most direct route
to and from a designated truck route is utilized.
The Township Supervisor or, in the absence of the Township Supervisor,
other duly appointed Township Board of Trustees member temporarily
acting upon the Township Supervisor's behalf shall have authority
to grant a written permit in special cases that would otherwise be
in violation of the provisions of this article. Such permits, however,
shall not be given for more than one round trip, and in no case shall
a permit be valid for a longer period than 10 days from the date of
issue. Said permit shall describe the vehicle, the time and dates
of travel, and the route to be taken by the vehicle. The Township
Board shall, by resolution, set a fee for special permits.
The Township Board shall procure and have posted appropriate
signs along the designated truck routes as required by the laws of
the State of Michigan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person or persons, partnership or corporation who shall violate any of the provisions of this article is responsible for a municipal civil infraction and shall be punishable by the civil fines set forth in Chapter 29, Municipal Civil Infractions, of the Code of the Township of Three Oaks. Repeat offenses shall be subject to an increased civil fine, as set forth in said Chapter 29, Municipal Civil Infractions.
B.
Each day
on which any violation of this article continues constitutes a separate
offense and shall be subject to penalties or sanctions as a separate
offense.
This article and the various parts, sections, subsections, sentences,
phrases and clauses thereof are hereby declared to be severable. If
any part, sentence, paragraph, section, subsection, phrase or clause
is adjudged unconstitutional or invalid, it is hereby declared that
the remainder of this article shall not be affected thereby.
No officer, agent, or employee of Three Oaks Township, or member
of the Township Board shall render him/herself personally liable for
any damage that may accrue to any person as a result of any act, decision,
or other consequence or occurrence arising out of the discharge of
his/her duties and responsibilities pursuant to this article.
All ordinances or parts thereof which are in conflict in whole
or in part with any of the provisions of this article as of the effective
date of this article are hereby repealed to the extent of such conflict,
except that terms defined herein for purposes of interpretation, administration
and enforcement of this article only will in no way, manner or form
repeal, notify or otherwise change the definition of any such terms
as used in other ordinances of Three Oaks Township.
