[HISTORY: Adopted by the City Commission of the City of Royal Oak 5-31-1966 by Ord. No. 66-13. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of this chapter:
- MOTOR VEHICLE
- Every vehicle which is self-propelled.[Added 7-25-1966 by Ord. No. 66-16]
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
- Any real property within the City which is not a street or alley.
- STREET or ALLEY
- The entire width between the boundary lines of every public way, whether open for travel or not.
- Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
No person shall abandon any vehicle within the City, and no person shall leave any vehicle at any place within the City for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. Any vehicle left unattended on a public street, alley, or other public property, or on private property without the permission of the owner of such property, for a period of 48 hours or more shall be deemed an abandoned vehicle.
No person shall leave any partially dismantled, nonoperating, wrecked, unlicensed, or junked vehicle on any street or highway within the City.
No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, or discarded vehicle to remain on such property longer than 48 hours; and no person shall leave any such vehicle on any property within the City for a longer time than 48 hours; except that this chapter shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City.
[Added 7-25-1966 by Ord. No. 66-16]
No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any motor vehicle that does not display a valid motor vehicle license issued by the Michigan Secretary of State to remain on such property for a longer time than 48 hours; except that this section shall not apply with regard to:
A motor vehicle stored within an enclosed building.
A vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise.
A vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City.
Temporary storage on residential property of not more than one such motor vehicle for not more than 30 days while the owner is actively engaged in attempting to sell such motor vehicle.
The Chief of Police or any member of his Department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the City which reasonably appears to be in violation of this chapter or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with the provisions of the Michigan Vehicle Code, Act 300, Public Acts of 1949, as amended.
Editor's Note: See MCLA § 257.1 et seq.
[Amended 5-8-1967 by Ord. No. 67-15]
No person shall store wrecked, discarded, dismantled or partially dismantled vehicles on any property within the City, except in a storage area completely enclosed by a solid fence six feet in height. Such fence may be of masonry construction, wood, aluminum, or other rust-resistant material, and shall be painted or otherwise maintained at all times in such a manner as to prevent it from becoming unattractive in appearance. Vehicles shall be stored within such storage area in such manner as not to be visible from off the premises of the storage area.
There is hereby created a Board of Appeals for this section which shall consist of the members of the Board of Appeals for the Official Building Code of the City of Royal Oak, plus four electors of the City who shall hold no other official position with the City and who shall be appointed by the City Commission. Such Board shall have the power to vary the provisions of this section upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the requirements of this section, so that the spirit of this section shall be observed, public safety secured and substantial justice done. The particulars of such variance, when granted or allowed, and the decision of the Board of Appeals thereon shall be entered in the record of the Board and a copy thereof shall be furnished the applicant. The applicant shall have the right to appeal to the City Commission from any decision of the Board of Appeals, and in such case the City Commission shall have the same powers as such Board and may affirm, reverse or modify the action of the Board.
[Amended 12-5-1994 by Ord. No. 94-10]
A person violating this chapter for the first time is responsible for a municipal civil infraction and is subject to payment of civil fine of not less than $50, plus costs.
A person violating this chapter for the second time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $100, plus costs.
A person violating this chapter for the third time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $150, plus costs.
A person violating this chapter for the fourth or subsequent time is guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment in the discretion of the court.