[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:
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.
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.
A motor vehicle stored within an enclosed building.
B.
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.
C.
A vehicle in an appropriate storage place or depository
maintained in a lawful place and manner by the City.
D.
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.[1]
[1]
Editor's Note: See MCLA § 257.1 et seq.
[Amended 5-8-1967 by Ord. No. 67-15]
A.
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.
B.
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.
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.
B.
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.
C.
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.
D.
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.
