[Adopted 7-11-1991 as Ch. 52 of the Code of Ordinances]
A.
COMMERCIAL VEHICLE, OR TRAILER
MOTOR
OWNER OF A VEHICLE OR TRAILER
OWNER OF PRIVATE PROPERTY
VEHICLE
As used in this article, the following terms shall
have the meanings indicated:
Such commercial vehicles or trailers as so defined in Public
Act 300 of 1949, as amended.
Any machine the purpose of which is to provide power for
the operation of the vehicle or any part of the vehicle, including
without limitation the refrigeration motor or condenser or the heater
motor or coil of any trailer.
Any person, firm, association or corporation set forth on
the records of the Michigan Secretary of State as the owner.
For purposes of this article shall be prima facie that person,
whether natural person, firm, copartnership, association or corporation,
set forth as the owner on the current tax rolls of the Township as
certified by the Township Treasurer. A person claiming to be an owner,
lessee or renter of private property shall bear the burden of providing
the claimed ownership or possessory estate in or to such private property
in any prosecution under this article.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power.
A.
No commercial vehicle or trailer subject to the registration requirements or other provisions of Public Act 300 or 1949, as amended, shall be caused or permitted to stand or park whether occupied or not unless the active conduct of fueling, repairing, or loading, or unloading same is occurring on public property or private property except when the commercial vehicle or trailer or except when the commercial vehicle or trailer is standing or parked on property and at a location designated for such standing or parking on site plan approval by the Township pursuant to Chapter 170, Zoning.
B.
Any person who is the owner of a commercial vehicle
or trailer in violation of this article or any person who immediately
before a violation of this article was in actual physical control
of the commercial vehicle or trailer or both such persons shall be
held responsible and criminally for any violation of this article.
No vehicle subject to the registration requirements
or other provisions of Public Act 300 of 1949, as amended, shall be
caused or permitted to stand or park on public property or private
property with a motor operating unless a natural person licensed as
an operator or chauffeur pursuant to Public Act 300 or 1949, as amended,
is physically present and in actual and constant physical presence
and in actual and constant physical supervision and control of the
operation of such motor. A person in the vehicle who is sleeping,
reclining, incapacitated or removed from the area of the vehicle in
closest proximity to the on/off or ignition switch shall be deemed
a person not in actual and constant physical supervision and control
of the operation of the motor of such vehicle. Any person who is an
owner of a vehicle in violation of this article or any person who
immediately before a violation of this article was in actual physical
control of the vehicle or both shall be held responsible and liable
for any violation of this article.
A.
An owner of a vehicle subject to the registration
requirements or other provisions of Public Act 300 or 1949, as amended,
shall not cause or permit such vehicle to be offered for sale by a
sign placed in, upon or about such vehicle and communicating such
vehicle is offered for sale at a time when such vehicle is operated,
standing or parked on public property or on private property which
is not owned, leased or rented by said owner of such vehicle.
B.
Any person, firm, association, copartnership, corporation
or other entity who shall violate any of the provisions of this article
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine of not more than $500 or by imprisonment for
a period not to exceed 90 days or by both such fine and imprisonment,
together with the costs of prosecution.
No person shall operate a vehicle which must
be registered under Public Act 300 of 1949, as amended, being MCL
257.1 to 257.923 on, in, upon or across private property located within
the Township without permission of the landowner. Any person operating
such a 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 presentation shall constitute prima
facie evidence that said person was operating it without permission
of the landowner.
A Township police officer or any authorized
person, upon reasonable cause to believe a person has committed an
offense under this article, may issue and serve an appearance ticket
upon such person. The placement of the appearance ticket upon the
vehicle shall be deemed due notice to the owner of the vehicle.
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 ordinances, 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.
