[HISTORY: Adopted by the City Commission of the City of Royal Oak 11-10-1986 by Ord. No. 86-9; amended in its entirety 5-1-2006 by Ord. No. 2006-06. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as "Issuance of Civil Infractions by Nonpolice Personnel on Private Property."
The City, pursuant to MCLA § 257.742(6), as amended, does expressly designate the Director of Public Safety to authorize and appoint persons who are employed by legal entities and are not police officers to issue and serve citations for civil infraction violations specifically listed in § 115-3 of this chapter.
The Director of Public Safety shall maintain a list of all such persons appointed by him or her under this section, and he or she shall have the further express power at will to remove or add such appointments on a continuing basis.
Persons appointed pursuant to Subsection A or B are hereby authorized and empowered to enforce on such specified property the provisions of § 115-3 of this chapter pertaining to, regulating or restricting the parking of motor vehicles upon such property, by way of the issuance and service of citations.
Persons appointed to issue and serve civil infraction citations under this section shall be employees of the affected legal entity and shall perform their limited function for the City as gratuitous volunteers without any compensation from the City. Such persons shall have no other legal authority to act on behalf of the City in any other capacity as a result of their expressly limited appointments and delegated authority as conferred by this section.
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:
On a sidewalk.
In front of a public or private driveway.
Within 15 feet of a fire hydrant.
On a crosswalk.
Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings.
In any place or in any manner so as to block immediate egress from any emergency exit or exits which are conspicuously marked as building emergency exits.
In any place or in any manner so as to block or hamper the immediate use of an immediate egress from any fire escape which is conspicuously marked as a fire escape and which provides an emergency means of egress from any building.
At any place where official signs prohibit stopping, standing or parking.
In a parking space which is clearly identified by an official sign as being reserved for use by handicappers and which is on public property or private property that is available for public use, unless the person is a handicapper as described in the Act or unless the person is parking the vehicle for the benefit of a handicapper. A certificate of identification issued under Section 675(5) of the Act to a handicapper shall be displayed on the lower left corner of the front windshield. A special registration plate issued under Section 803d of the Act to a handicapper shall be displayed on the vehicle.
Alongside any curb painted yellow.
On any private property in the City of Royal Oak without the express or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent or trustee of such property. Complaint for violation of this section shall be made by the owner, holder, occupant, lessee, agent or trustee of such property.
[Added 9-12-2016 by Ord. No. 2016-11]
If a vehicle is illegally parked and has received more than six parking violation notices or citations which remain unpaid, the Police Department may call a towing agency and take the vehicle into custody. If the vehicle is taken into custody, the Police Department must follow the procedures set forth in MCLA § 257.252b. The Police Department may also issue a citation to the owner of the impounded vehicle.
"Commercial vehicle" defined. "Commercial 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. (See MCLA § 257.7.)
"Commercial motor vehicle" defined. "Commercial motor vehicle" means a motor vehicle designed to transport 16 or more passengers, including a 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 nonbusiness purposes. (See MCLA § 257.7.)
No commercial vehicle or commercial motor vehicle shall be parked upon a public street for a period of more than one hour, except when actually engaged in loading or unloading operations.
The Chief of Police, or designee, for good cause, may grant special parking permits permitting additional parking of commercial vehicles, provided that each permit is granted for a definite period of time.
Any person who is found responsible for violating any of the provisions of this chapter shall be deemed responsible for a civil infraction and shall pay the civil fines and costs as established by the Chief Judge of the 44th District Court, pursuant to MCLA § 257.907.
Each affected legal entity shall enter into an agreement with the City whereby the legal entity shall indemnify and hold harmless the City and its employees from any and all claims, demands and causes of action, whether for injury or alleged injuries, or for damage or alleged damage to property arising from the actions or omissions of their employees in the course of writing and/or issuing parking citations under this chapter.