[Adopted 10-14-2008 by Ord. No. 1216[1]]
This article shall be known and cited as the
“City of Roseville Winter Parking Ordinance.”
The purpose of this article is to protect the
health, safety and general welfare of the residents and property owners
in the City from hazards caused by the leaving of unattended vehicles
parked on a public street or private road during the winter, including
snow emergencies; such vehicles impede the safe travel upon the streets
of the City, as a result of the accumulation of ice and snow which
occurs during the winter. This article is in accordance with Act No.
246 of the Public Acts of Michigan of 1945, as amended, and pursuant
to the general powers of the Home Rule City Act, as amended, and the
Michigan Constitution.
As used in this article, the following terms
shall have the meanings indicated:
A vehicle of the Fire Department; a police vehicle; an ambulance;
a privately owned motor vehicle of a volunteer or paid firefighter;
or a privately owned motor vehicle of a volunteer ambulance driver
or a licensed ambulance driver or attendant as is authorized by the
Department of State Police.
A bus; a school bus; a school transportation vehicle; a motor
vehicle, except a motor home having a gross vehicle weight rating
of 26,001 pounds or more; a motor vehicle towing a vehicle 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 nonbusiness
purposes.
Every motor vehicle which is used for the transportation
of passengers for hire or which is constructed or used for transportation
of goods, wares or merchandise; and/or all motor vehicles designed
and used for drawing other vehicles and which are not so constructed
to carry any load thereof either independently or as any part of the
weight of the vehicle or load so drawn.
Every vehicle which is self-propelled and every vehicle which
is propelled by electric power obtained from overhead trolley wires
but which is not operated upon rails.
Every Sheriff or Sheriff’s Deputy; officer of the Police
Department of any city, village or township; any officer of the State
Police; or any peace officer who is trained and certified pursuant
to Act No. 203 of the Public Acts of Michigan of 1965 [MCL 28.601
et seq., MSA 4.450(1) et seq.], as amended.
A privately owned and maintained road which allows access
to more than one residence or place of business, which is normally
open to the public, and on which persons other than the owners may
travel.
The entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
Every device in, upon, or by which any person or property
is or may be transported or drawn on a highway, except devices which
are moved exclusively by human power or which are used exclusively
on stationary rails or tracks, and except for a mobile home as defined
in Section 2 of Act No. 419 of the Public Acts of Michigan of 1976
[MCL 125.1102, MSA 19.855(2)], as amended.
No person shall park any motor vehicle on any
residential street within the City of Roseville between the hours
of 9:00 a.m. and 4:00 p.m. between Monday and Friday if there is snow
or ice on the ground. This parking prohibition on residential streets
for motor vehicles shall not apply to the Christmas holiday season
from 12:01 a.m. December 24 through 12:01 a.m. January 2.
The City Manager, or his/her designated agent,
may declare a snow emergency when, in his/her judgment, the snow or
ice has accumulated or is significantly likely to accumulate to such
an extent as to impede safe travel upon the streets of the City. A
declaration of snow emergency shall be made in writing and filed with
the City Clerk. The City Clerk shall time-stamp the declaration of
snow emergency. During the regular business hours of the City offices,
the snow emergency shall take effect one hour after such time-stamping
and filing with the City Clerk. At all other times, the declaration
shall be filed at the beginning of the next business day at the City
offices, but the snow emergency shall take effect one hour after its
publication to City residents. Upon declaration of a snow emergency,
the City Manager or his/her designated agent shall immediately publicize
the snow emergency and the parking prohibition in a manner reasonably
calculated to inform City residents of their responsibilities.
A.
The snow emergency parking prohibition shall begin
when the snow emergency takes effect, one hour after the City Manager
or his/her designated agent has declared a snow emergency. The prohibition
shall end when both the following conditions have been satisfied:
B.
The parking prohibition shall expire 36 hours after the weather conditions creating the emergency have stopped, unless the snow emergency is extended by action of the City Manager or his/her designated agent. Such an extension shall require that the procedures outlined in § 340-23 of this article be repeated.
Whenever a vehicle becomes disabled for any
reason on any street during a parking prohibition or snow emergency,
the owner or person operating the vehicle shall take immediate action
to have the vehicle towed or pushed off the street. No person shall
abandon or leave the vehicle on the street, except for the purpose
of securing immediate assistance; in such cases, the person securing
assistance shall leave the vehicle only for the time absolutely necessary
to make contact for assistance and shall return to the vehicle immediately
thereafter without delay.
A police officer is hereby authorized to remove
a vehicle if parked on any street during a declared snow emergency
and to transport the vehicle to an impound facility utilized by the
Police Department, Macomb County Sheriff’s Department and/or
State Police. Towing and impound fees shall be charged to the owner
of the vehicle impounded.
Proof that the particular vehicle described
in the complaint in violation of this article, together with proof
that the defendant named in the complaint was, at the time of such
parking, the registered owner of such vehicle, shall constitute a
presumption that the registered owner of such vehicle was the person
who parked or placed such vehicle in violation of this article. The
failure of a defendant to receive notice of a snow emergency shall
not be a defense.
It shall be unlawful for any person in the City
to park a commercial vehicle, commercial motor vehicle, motor vehicle,
or vehicle upon a public street or private roadway in the City during
a declared snow emergency, except as otherwise provided in this article.
Such prohibition is not applicable to authorized emergency vehicles.
[Amended 1-27-2009 by Ord. No. 1217]
Any person who shall violate the provisions of § 340-24.4 shall be responsible for a civil infraction and subject to a penalty not to exceed $50. Any person who shall violate the provisions of § 340-22 shall be responsible for a civil infraction and subject to a penalty not to exceed $20. Any person accused of a violation of this article may settle and compromise the claim against him or her for such illegal parking by paying to the 39 District Court 1/2 of the fine stated herein by the close of the second business day of issuance of the parking violation ticket or by appearing in person at the 39 District Court to make said payment; or, in lieu of settlement and compromise as provided herein, the person should appear at the date and time specified on the parking ticket in the 39 District Court.
