[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."
A.
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.
B.
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.
C.
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.
D.
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:
A.
On a sidewalk.
B.
In front of a public or private driveway.
C.
Within 15 feet of a fire hydrant.
D.
On a crosswalk.
E.
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.
F.
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.
G.
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.
H.
At any place where official signs prohibit stopping,
standing or parking.
I.
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[1] 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[2] to a handicapper shall be displayed on the vehicle.
J.
Alongside any curb painted yellow.
K.
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.
A.
"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.)
B.
"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.)
C.
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.
D.
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.
