Charter Township of Royal Oak, MI Motor Carriers

[12-12-2013]

Title. This section may be cited as the "Commercial Motor Vehicle Traffic and Parking Ordinance."

Purpose. The purpose of this section is to address complaints expressed by the citizenry of the Charter Township of Royal Oak with respect to problems created by commercial motor vehicles operating within the boundaries of the Township. The Board of Trustees recognizes that these complaints include noise, real or perceived private property damage, damage to publicly maintained roadways, and interference with smooth traffic flow. This section identifies certain classes of commercial motor vehicles (not all commercial motor vehicles) as the subject of these problems, and it is the aim of this section to remedy the problems allegedly caused or that may be caused without regulation.

(c)

Intent. The intent of this section is to regulate certain classes of motor vehicles within the Charter Township of Royal Oak to:

(1)

Promote safety and the smooth flow of traffic.

(2)

Prevent damage to roadways and to sidewalks and other publicly maintained ways.

(3)

Prevent excessive noise and a disturbance of the peace.

(d)

Definitions.

COMMERCIAL MOTOR VEHICLE

Includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn (MCLA 257.7), and means a motor vehicle designed to transport 16 or more passengers, including the driver; a motor vehicle, having a gross vehicle weight rating of 26,001 or more pounds; a motor vehicle with a gross combination weight rating of 26,001 pounds or more, including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or a motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 CFR Parts 100 to 199. A commercial motor vehicle does not include a vehicle used exclusively to transport personal possessions or family members for non-business purposes (MCLA 257.7a). This definition further includes and defines commercial motor vehicles in the following classes or categories:

(1)

CLASS A VEHICLEA combination of vehicles with a gross combination weight rating of 26,001 pounds or more when towing trailers or other vehicles with a gross vehicle weight rating of 10,001 pounds or more.

(2)

CLASS B VEHICLEA single vehicle having a gross combination weight rating of 26,001 pounds or more and/or towing a trailer or vehicle with a gross vehicle weight rating of 10,000 pounds or less.

(3)

CLASS C VEHICLEA single vehicle designed to carry 16 or more people including the driver and small vehicles carrying hazardous material and on which is required to be posted a placard as defined and required under 49 CFR Parts 100 to 199.

EXEMPT VEHICLE

A specified vehicle or class of vehicles immune and exempt from this section.

PRIMARY ROADWAY

Means a road designated for use by commercial motor vehicles to transport goods, wares, merchandise, property or equipment.

RESTRICTED ROADWAY

Means a road not designated for use by commercial motor vehicles to transport goods, wares, merchandise, property or equipment absent a permit issued by the Township.

RESTRICTED VEHICLE

Means a Class A or Class B commercial motor vehicle that, absent a permit or classified as exempt, is prohibited from use of a restricted roadway, but is permitted full use of a primary roadway.

TANDEM AXEL ASSEMBLY

Means two axles spaced more than three feet six inches and less than nine feet apart, one axle in front of the other and so attached to the vehicle wherein an attempt is made by connecting mechanism to distribute the weight equally between the two axles (MCLA 257.67a).

TANK VEHICLE

Means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle. "Tank vehicle" does not include a vehicle attached to a portable tank having a rated capacity less than 1,000 gallons (MCLA 257.67a).

USE

Means camping, parking, standing, idling, driving, operating, towing or otherwise traveling by a commercial motor vehicle.

(e)

Primary roadways. The following highways within the jurisdiction of the Township are deemed primary roadways to be used for the free and unrestricted movement by commercial motor vehicles:

(1)

Eight Mile Road.

(2)

Wyoming Road.

(3)

Northend Avenue extending from Meyers Road east to Westview Avenue (also named Republic Avenue in the City of Ferndale, Michigan).

(f)

Restricted roadways. The following highways, or specified portions thereof, within the jurisdiction of Royal Oak Township are deemed Restricted Roadways and prohibit the use by Class A and Class B commercial motor vehicles:

(1)

Northend Avenue extending east from Westview Avenue to Central Street.

Bates Street.

North Oak Drive.

Cloverdale Avenue.

Groveview Avenue.

Fitzgerald Street.

Pasadena Avenue.

Scotia Road.

Scotia Lane.

King Place (also referred to as North King Place and South King Place).

(11)

Hart Place (also referred to as North Hart Place and South Hart Place).

(12)

Ever Place (also referred to as North Ever Place and South Ever Place).

(13)

Bethune Place (also referred to as North Bethune Place and South Bethune Place).

Mendota Avenue.

Majestic Avenue.

Ithaca Avenue.

Woodside Avenue.

Glen Lodge Avenue.

Garden Lane.

Parkside Boulevard.

Westview Avenue (from Northend Avenue south to the alley located on the north side of the Eight Mile Road business fronts located in the plaza/strip mall on the northwest corner Eight Mile Road and Westview Avenue; prohibited parking, standing and idling anywhere on Westview Avenue from Northend Avenue south to Eight Mile Road but permitting travel and deliveries to the businesses located on either corner of Eight Mile Road and Westview Avenue).

(22)

Remainville Avenue (from Northend Avenue south to the extreme south property line of the first residential property on Remainville Avenue north of Eight Mile Road; prohibited parking, standing and idling anywhere on Remainville Avenue from Northend Avenue south to Eight Mile Road but permitting travel and deliveries to the businesses located on either corner of Eight Mile Road and Remainville Avenue).

(23)

Bethlawn Avenue.

(24)

Mitchelldale Avenue (from Northend Avenue south to the extreme south property line of the first residential property on Mitchelldale Avenue north of Eight Mile Road; prohibited parking, standing and idling anywhere on Mitchelldale Avenue from Northend Avenue south to Eight Mile Road but permitting travel and deliveries to the businesses located on either corner of Eight Mile Road and Mitchelldale Road).

(g)

Exempted vehicles. The following vehicles are exempt from this section:

(1)

Any commercial vehicle granted a special permit by the Township of Royal Oak.

(2)

Any county snow plow or other official vehicle of the Oakland County Road Commission.

(3)

Any fire truck, engine, equipment or apparatus.

(4)

Any ambulance or EMS vehicle.

(5)

Any military vehicle of the United States Armed Forces or the Michigan National Guard.

(6)

Any law enforcement vehicle or equipment.

(7)

Any vehicle or apparatus of any utility company that provides a utility service to any residents of Royal Oak Township (including DTE Energy, Consumers Power, any telephone company, or other essential utility service to any Township resident).

(8)

Any vehicle responding to a condition or circumstance deemed an emergency by any unit of government.

(9)

Any tow truck or wrecker.

(10)

Any trash collection vehicle or garbage truck that does not exceed a gross vehicle weight rating of 26,001 pounds.

(11)

Any school bus.

(h)

Exception for deliveries. It shall be unlawful for any truck, whether loaded or unloaded, weighing more than 4,000 pounds, as determined by its certificate or registration, to be operated or parked on any street in the Township except those streets hereinafter designated as truck routes; provided, however, the provisions of this subsection shall not apply to trucks in excess of the weight limit herein specified when the operation of such truck is necessary for the purpose of making one or more deliveries or pickups of materials, manufactured products, goods, wares, or merchandise on streets other than those designated truck routes in the Township; provided further that such operation shall be permitted only for the shortest possible distance when necessary to effect such delivery or pickup (directly in and out); provided further that trucks operated by the Township in connection with the rendering of necessary service to the residents of the Township may be operated on any or all streets in the Township; provided further that all trucks permitted to operate on streets other than the streets designated as truck routes shall not be driven at a speed in excess of 15 miles per hour when operating on streets other than truck routes.

(i)

Offenses. Offenses in Subsection (i)(1), (2), (4) and (5) are civil infractions and the offense in Subsection (i)(3) shall be a misdemeanor:

(1)

Operating a Class A commercial motor vehicle on a restricted roadway, first offense.

(2)

Operating a Class B commercial motor vehicle on a restricted roadway, first offense.

(3)

Operating either a Class A or Class B commercial motor vehicle on a restricted roadway, second or subsequent offense.

(4)

Parking, idling or camping a Class A commercial motor vehicle on a restricted roadway.

(5)

Parking, idling or camping a Class B commercial motor vehicle on a restricted roadway.

(j)

Fines.

(1)

The fine for operating a Class A commercial motor vehicle on a restricted roadway shall be determined by the District Court.

(2)

The fine for operating a Class B commercial motor vehicle on a restricted roadway shall be determined by the District Court.

(3)

The fine for operating either a Class A or Class B commercial motor vehicle on a restricted roadway, second or subsequent offense, shall be determined by the District Court.

(4)

The fine for parking, idling or camping a Class A commercial motor vehicle on a restricted roadway shall be determined by the District Court.

(5)

The fine for parking, idling or camping a Class B commercial motor vehicle on a restricted roadway shall be determined by the District Court.