As used in this article, the following terms
shall have the meanings indicated:
OPERATOR
Any person who operates or is in actual physical control
of any motor vehicle as that term is defined in this article.
OWNER
Any of the following:
A.
A person who holds the legal title to a motor
driven vehicle as that term is defined in this article.
B.
A vendee or lessee of a motor driven vehicle
as that term is defined in this article which is the subject of an
agreement for the conditional sale or lease thereof with the right
of purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or licensee.
C.
A person renting a motor driven vehicle as that
term is defined in this article or having the exclusive use of such
a motor driven vehicle for more than 30 days.
OPERATE
To be in actual physical control of the operation of a motor
driven vehicle; as that term is defined in this article whether or
not the motor is running or on, provided that "operate" shall also
mean the trailering of a motor driven vehicle.
PERSON
An individual, partnership, corporation, the state and any
of its agencies or subdivisions and any body of persons whether incorporated
or not.
SNOWMOBILE
Any motor driven vehicle which must be registered under the
provisions of MCL 324.82101 et seq., as amended.
MOTOR-DRIVEN VEHICLE
Any motor driven vehicle which is not subject to registration
under the provisions of Public Act 300 of 1949, as amended (MCL 257.1
et seq.), and includes, but not limited to, snowmobiles, minibikes,
all-terrain vehicles, go-carts and any other vehicle of whatever description,
the purpose of which is to convey a person from one place to another
by means of motor drive or power.
MOTOR VEHICLE
Any motorized vehicle which is subject to registration under the provisions of Public Act 300 of 1949, as amended (MCL 257.1 et seq.), which includes, but is not limited to, automobiles, trucks and motorcycles. This definition only applies to §§
113-4 and
113-5.
[Added 5-20-2010]
[Amended 5-20-2010]
A person shall not operate a motor-driven vehicle
within the Township upon a public highway, land used as a street or
sidewalk, a shoulder of a street or public highway, a public or private
parking lot, land constituting a public right-of-way or easement of
public land.
[Amended 5-20-2010]
A person shall not operate a motor-driven vehicle
or motor vehicle within the Township except on land owned or under
the control of said person or on land owned by another person whose
consent to the use of such land for the operation of such motor-driven
vehicle or motor vehicle is evidenced by a writing signed by the landowner.
Any person who operates a motor-driven vehicle or motor vehicle on,
in, upon, or across land owned by another shall present the written
consent of the landowner to any peace officer upon demand. Failure
to make such a presentation constitutes prima facie evidence that
said person was operating it without permission of the landowner.
Nothing in this section shall be construed to prohibit the operation
of a motor vehicle upon any public road. This section shall prohibit
the off-road operation of a motor-driven vehicle or motor vehicle
on all publicly owned land.
The Director of Public Safety or Township Supervisor
may authorize use of a motor-driven vehicle on a public highway, street,
parking lot or land within the jurisdiction of the Township for a
special event of limited duration conducted according to a prearranged
schedule and upon issuance of a permit therefor.
A parent or legal guardian shall not permit
his or her child to operate a motor-driven vehicle without the direct
supervision of an adult except on land owned or under the control
of the parent or legal guardian.
No person shall operate a motor-driven vehicle
within 500 feet of a dwelling from 9:00 p.m. to 9:00 a.m.
Whenever a law enforcement officer shall find
a motor-driven vehicle being operated in violation of the provisions
of this article, he may seize, secure and impound said vehicle until
such time as compliance with the provisions of this article has been
fulfilled. Return of the motor-driven vehicle shall not be made to
anyone other than the owner and only after payment of a fee to be
set by resolution of the Township Board.
In a proceeding for a violation of this article
involving prohibited operation or conduct, the registration number
displayed on a motor-driven vehicle constitutes prima facie evidence
that the owner of the motor-driven vehicle was the person operating
the motor-driven vehicle at the time of the offense.
A person shall not operate a motor-driven vehicle:
A. At a rate of speed greater than is reasonable and
proper, having due regard for the conditions then and there existing.
B. While under the influence of intoxicating liquor or
narcotic drugs, barbital or any derivative of barbital.
C. To hunt, pursue, worry or kill a bird of animal.
D. In a reckless or careless manner.
E. On a railroad or railroad right-of-way, except railroad,
public utility or law enforcement personnel while in the performance
of their duties.
F. On or across a cemetery or burial ground.
The owner of a motor-driven vehicle shall not
permit or allow said motor-driven vehicle to be operated contrary
to the provisions of this article.
Any person who shall violate any of the provisions
of this article shall be responsible for a municipal civil infraction,
subject to the following penalties:
A. The following civil fines shall apply in the event
of a determination of responsibility for a municipal civil infraction,
unless a different fine is specified in connection with a particular
section:
(1) First offense. The civil fine for a first offense
violation shall be in the amount of not less than $150, plus costs
and other sanctions, for each offense.
(2) Repeat offense. The civil fine for any offense which
is a repeat offense shall be in an amount of not less than $300, plus
costs and other sanctions for each offense.
B. In addition to ordering the defendant determined to
be responsible for a municipal civil infraction to pay a civil fine,
costs, damages and expenses, the Judge or Magistrate shall be authorized
to issue any judgment, writ or order necessary to enforce, or enjoin
violation of, the chapter.
C. Continuing offense. Each act of violation, and on
each day upon which any such violation shall occur, shall constitute
a separate offense.
D. Remedies not exclusive. In addition to any remedies
provided for by the Code of the Charter Township of Northville, any
equitable or other remedies available may be sought.
E. The Judge or Magistrate shall be authorized to impose
costs. Damages and expenses as provided by the law.
F. A municipal civil infraction shall not be a lesser
included offense of a criminal offense or of an ordinance violation
which is not a civil infraction.