[Adopted 7-11-1991 as Ch. 51 of the Code of Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any person who operates or is in actual physical control
of any motor vehicle as that term is defined in this article.
Any of the following:
A person who holds the legal title to a motor
driven vehicle as that term is defined in this article.
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.
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.
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.
An individual, partnership, corporation, the state and any
of its agencies or subdivisions and any body of persons whether incorporated
or not.
Any motor driven vehicle which must be registered under the
provisions of MCL 324.82101 et seq., as amended.
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.
A.
Except as otherwise provided, a motor driven vehicle
shall not be operated within the Township unless registered by the
owner as provided in the chapter. Registration is not required for
a motor driven vehicle operated exclusively on lands owned or under
the control of the owner of the motor driven vehicle.
B.
Snowmobiles duly registered under the provisions of
MCL 324.82101 et seq., as amended, are exempt from the fees and registration
only as otherwise imposed under the provisions of this article.
A.
On or before the first day of September of each year,
the owner of each motor driven vehicle registration by this article
shall file an application for registration with the Director of Public
Safety on forms and in the manner prescribed by him. The application
shall be signed by the owner of the motor-driven vehicle. Such owner
shall be a person 18 years of age or older or, in the case of a minor,
the person making application and being equally subject to all the
provisions of this article pertaining to an owner shall be the parent
or legal guardian of such minor. The application shall be accompanied
by a fee to be set by resolution of the Township Board of Trustees.
Upon receipt of the application in approved form, the Director of
Public Safety enter it upon his records and issue to the applicant
a certificate of registration containing the number awarded to the
motor drive vehicle, the name and address of the owner and such other
information as the Director of Public Safety deems necessary. The
certificate of registration shall accompany the motor-driven vehicle
and shall be made available for immediate inspection upon demand by
any peace officer.
B.
The registration fees received under this article
shall be deposited by the Director of Public Safety with the Township
Treasurer for the general fund account of the Township.
C.
Initial certificates of registration awarded pursuant
to this article shall expire on August 31, 1973, and thereafter certificates
of registration renewals thereof shall expire on August 31 of each
succeeding year.
D.
The owner of a motor-driven vehicle shall notify the
Director of Public Safety within 15 days if the motor-driven vehicle
is destroyed or abandoned, sold, or an interest therein transferred
either wholly or in part to another person or if his address no longer
conforms to the address appearing on the certificate of registration.
The notice shall consist of a surrender of the certificate of registration.
When the surrender of the certificate is by reason of the motor-driven
vehicle being destroyed or abandoned, the Director of Public Safety
shall cancel the certificate and enter such fact in his records and
the number may then be reassigned. When the surrender of the certificate
is by reason of the sale of or transfer of interest in the motor-driven
vehicle, the Director of Public Safety shall cancel the certificate
and enter such fact in his records. When the surrender of the certificate
is by reason of the owner's change of address, the Director of Public
Safety shall enter such fact in his records and reissue the certificate.
E.
The owner of a motor-driven vehicle shall paint on
or attach in a permanent manner to the vehicle the identification
number of the certificate of registration. The identification number
shall be in block characters of good proportion not less than three
inches of height, reading from left to right and contrasting in color
so as to be distinctly legible and visible. No number other than the
number awarded to the motor-driven vehicle under this article shall
be attached or otherwise displayed on the motor-driven vehicle.
F.
If any certificate of registration is lost, mutilated
or illegible, the owner of the motor-driven vehicle shall obtain immediately
a duplicate of the certificate upon application and a fee to be set
by resolution of the Township Board of Trustees.
[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.
