[Adopted 7-11-1991 as Ch. 54 of the Code of Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any two or more load-carrying wheels mounted in a single
transverse vertical plane.
A road tractor, or a truck tractor or a truck having more
than two axles, if the road tractor, or truck tractor or truck is
propelled by motor fuel. "Commercial motor vehicle" shall not include
either a road tractor, a truck, a truck tractor owned by a farmer
or used in connection with the farmer's farming operation and not
used for hire.
A person who operates or causes to be operated a commercial
motor vehicle on a public road or highway in this Township.
An elementary, secondary or post-secondary education facility.
A natural person, partnership, firm, association, joint-stock
company, syndicate, or corporation, or any receiver, trustee, conservator,
officer, other than a unit of government having jurisdiction and control
of property by virtue of law or by appointment of a court.
A road, street, or place maintained by the State of Michigan
or a political subdivision thereof and located in the Charter Township
of Northville and generally open to use by the public as a matter
of right for the purpose of vehicular travel, notwithstanding that
they may be temporarily closed or travel restricted for the purpose
of construction, maintenance, repair or reconstruction.
A motor vehicle designed and used for drawing other vehicles,
but not constructed to carry any load either independently or as a
part of the weight of the vehicle or load being drawn.
The Charter Township of Northville.
A motor vehicle designed, used, or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not constructed to carry a load other than a part of
the weight of the vehicle and load being drawn.
No person shall act as a motor carrier in this
Township unless the person is a holder of an unrevoked motor carrier
fuel tax license issued by the Revenue Division of the Department
of Treasury for the State of Michigan pursuant to Act No. 119 of the
Public Acts of 1980 (MCL 207.211 et seq.). The license shall be affixed
to the right hand of the cab of every commercial motor vehicle while
it is being operated by a licensed motor carrier in the Township.
A person may act as a motor carrier in this
Township without a motor carrier fuel tax license if the person possesses
a valid trip permit issued by the Revenue Division of the Department
of Treasury for the State of Michigan.
This article shall not apply to a commercial
motor vehicle operated and owned by the State of Michigan, a political
subdivision of the State of Michigan, or the federal government, or
to a commercial motor vehicle owned by, or leased and operated by,
a nonprofit, private, parochial, or denominational school, college,
or university, or a public school, college, or university.
When a person is discovered in this Township
operating a commercial motor vehicle which is in violation of this
article, another person shall not thereafter operate this vehicle
on the public roads or highways of this Township, except to remove
it from the public road or highway for the purpose of parking or storing
the vehicle, until a license or a trip permit is obtained pursuant
to Act No. 119 of the Public Acts of 1980.
Any person who shall violate the provisions
of this article shall be responsible for a municipal 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.
