[Traf. Code § 95; amended 3-19-2001 by Ord. No. 1715; 10-6-2003 by Ord. No. 1760; 6-18-2007 by Ord. No. 1829]
The Michigan Vehicle Code, 1949 PA 300, MCLA § 257.1 et seq., as amended, is hereby adopted by reference. Any future amendments to the Michigan Vehicle Code shall be considered to be automatically adopted pursuant to this section unless specifically provided otherwise by the Kalamazoo City Code.
Any reference in the Michigan Vehicle Code to "local authorities" shall mean the City of Kalamazoo.
The City Clerk shall publish the ordinance as required by law and shall publish, at the same time, a notice stating the purpose of the Michigan Vehicle Code and the fact that a complete copy of the code is available for public inspection at the office of the Clerk.
The penalty provisions contained in the Michigan Vehicle Code are also adopted by reference, except that the City may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days and/or a fine of $500.
[Traf. Code § 92]
Words and phrases used in this chapter shall have their usual and customary meaning; provided, however, that all words defined in the Michigan Vehicle Code, Act 300, Public Acts of 1949 (MCLA § 257.1 et seq.), as amended, and used in this chapter, shall have the meanings specified therein; provided, further, that the following words and phrases used in this chapter shall have the meanings respectively ascribed to them in this section:
- Any minor thoroughfare, opened to public use, for purpose of ingress and egress to service adjacent buildings.
- BUS STAND
- A fixed area in the roadway parallel and adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers.
- CENTER or CENTERLINE
- A continuous or broken line marked upon the surface of a roadway by paint or otherwise to indicate each portion of the roadway allocated to traffic proceeding in the two opposite directions, and if the line is not so painted or otherwise marked, it is an imaginary line in the roadway equally distant from the edges or curbs of the roadway.
- (1) That part of a roadway at an intersection, included within the connections of the lateral lines of the sidewalks, on opposite sides of the highway and measured from curb to curb.
- (2) That part of a roadway at an intersection included within the extension of the lateral lines of a sidewalk where there is a sidewalk on only one side of a street, and measured from curb to curb.
- (3) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
- CURB LOADING ZONE
- A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
- FREIGHT CURB LOADING ZONE
- A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
- Where used in this chapter or on official signs erected by authorized official agencies, the term "holidays" shall, in addition to Sundays, mean the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, or the next secular day following if such holiday falls on Sunday.
- OFFICIAL TIME STANDARD
- Whenever certain hours are named, they shall mean standard time or daylight saving time, as may be in current use in this City.
- Allowing a vehicle to remain stationary; vehicles parked
in a restricted area which shall be moved not more than 500 feet during
the limited parking period shall be deemed to have remained stationary.
The distance of movement shall be measured along the center line of
the street or streets of parking locations between two fixed points
on the center line determined by projecting straight lines, at right
angles to the center line, from the current parking location nearest
to the previous parking location and from the previous parking location
nearest to the current parking location.[Amended 8-7-2006 by Ord. No. 1810]
- PARKING METER ZONE
- An area adjacent to a parking meter set aside for the exclusive use of vehicles upon the deposit of a coin of United States currency in the parking meter as specified thereon.
- PASSENGER CURB LOADING ZONE
- An area adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
- A symbol or notice representing words, letters, numbers or marks conveying an intelligible meaning or direction, including, where pertinent in this chapter, center lines, lane lines, curb paintings and similar representations of meanings.
- STOP, STOPPING or STANDING
- When prohibited, means any stopping or standing of a vehicle, whether occupied or not, other than the temporary stopping of a passenger vehicle for the purpose of and while actually engaged in picking up and discharging passengers, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
- A licensed public motor vehicle for hire designed and constructed to seat not more than seven persons and operating as a common carrier on call or demand.
- TAXICAB STAND
- A fixed area in the roadway parallel and adjacent to the curb set aside for taxicabs to stand or wait for passengers.
[Traf. Code § 94]
It is the purpose of this chapter that its provisions should adopt and make applicable to the City the laws of the state relating to the subjects for which provision is made herein, in order that uniformity of application and interpretation may be attained. No application or interpretation of this chapter, regardless of the wording of any section of this chapter, shall deviate from that uniformity of application and interpretation between comparable provisions of this chapter and the laws of the state, except where such deviation is required by the differing jurisdictional or administrative requirements, or by the clear purport of the words used.
[Traf. Code § 82; amended 9-7-1982 by Ord. No. 1268; 2-21-1994 by Ord. No. 1568]
There is hereby created a position of Traffic Engineer, who shall be appointed by the City Manager. The Traffic Engineer shall exercise the powers and duties provided in this chapter in a manner consistent with prevailing traffic safety practices and in the best interests of the City. In the absence of such appointment, such duties and authority shall be vested in the Chief of Public Safety or such other officials as are designated by the City Manager.
It is the general duty of the Traffic Engineer to plan and determine the installation and proper timing and maintenance of traffic-control devices; to plan and direct the operation of traffic on the streets of this City, including parking areas; to conduct investigations of traffic conditions; to cooperate with the Traffic Board and other municipal and state officials; make improvements in streets; and to carry out the powers and duties imposed by this chapter and such other duties as may be assigned.
The Traffic Engineer is hereby authorized to prohibit or restrict the stopping, standing or parking of vehicles on any street of this City and to erect signs giving notice thereof, where, in his opinion, such stopping, standing or parking of vehicles interferes with the movement of traffic thereon.
The Traffic Engineer may prohibit or restrict the stopping, standing, or parking of vehicles and may direct the erection of signs giving notice thereof in the following places:
On City streets and parking lots;
On public or private property when, after consultation with the Chief of the Department of Public Safety, he has designated the same as a fire lane. Fire lane signs erected on private property shall be at the expense of the owners or persons in charge of the property.
[Traf. Code §§ 83s, 88]
All orders of the Traffic Engineer promulgated under this chapter shall be in writing and shall be filed with the City Clerk, with a notation thereon as to the date of City Commission consent, when applicable.
The City Clerk shall post all orders of the Traffic Engineer for a period of seven days following the promulgation thereof in the Clerk's office and in two other public places and keep a record of such posting.
[Traf. Code § 83p; amended 4-19-1982 by Ord. No. 1256; 2-21-1994 by Ord. No. 1567]
There is hereby created a Traffic Board, which shall consist of the following individuals:
The Traffic Board shall have the power upon filing written orders with the City Clerk, to:
Establish and enforce temporary or experimental regulations, consistent with this chapter, to cover emergencies or special conditions, provided signs, signals, public safety direction, or other means of notice are provided.
Establish permanent, temporary and experimental regulations providing for one-way streets, parking regulations, loading zones and other conveniences for the movement of traffic and parking of vehicles.
The City Commission may override any decision by the Traffic Board or the Traffic Engineer by ordinance, motion, or resolution. Any order promulgated by the Traffic Engineer or the Traffic Board shall have the same effect, and may be enforced in the same manner, as any other provision of the Traffic Code of the City.
[Traf. Code § 86a]
It shall be the duty of the Chief of Public Safety, with such aid as may be rendered by other members of the Department of Public Safety, to enforce the provisions of this chapter and the state vehicle laws applicable to traffic in this City; to make arrests for traffic violations; to assist in the prosecution of persons charged with such violations; to investigate accidents; to cooperate with the Traffic Engineer and other officials of the City in the administration of this chapter and in developing ways and means to improve traffic conditions; and to carry out those duties specially imposed by this chapter and other ordinances of the City.
[Traf. Code §§ 87a, 89; amended 10-17-1988 by Ord. No. 1448; 10-21-1996 by Ord. No. 1624]
Officers of the Department of Public Safety, or such special officers as are assigned by the Chief of Public Safety, are hereby authorized to direct all traffic by voice, hand or signal in conformance with this chapter; provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Department of Public Safety may direct traffic as conditions may require, notwithstanding the provisions of this chapter.
Members of the Department of Public Safety, when at the scene of a fire or other emergency or to expedite traffic or to safeguard pedestrians, may direct or assist the police or public safety officers, as applicable, in directing traffic thereat or in the immediate vicinity.
No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or public safety officer, or other member of the Department of Public Safety pursuant to this chapter.
Failure to stop on the direction of a public safety officer.
A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a public safety officer, acting in the lawful performance of his or her duty, directing the driver to bring his or her motor vehicle to a stop, and who willfully fails to obey that direction by increasing the speed of the motor vehicle, extinguishing the lights of the motor vehicle, or otherwise attempting to flee or elude the officer, is guilty of a misdemeanor, and shall be punished by imprisonment for not less than 30 days nor more than 90 days, and in addition, may be fined not more than $500 and may be ordered to pay the costs of the prosecution. The court may depart from the minimum term of imprisonment authorized under this subsection if the court finds on the record that there are substantial and compelling reasons to do so and if the court imposes community service as a part of the sentence.
[Amended 2-10-1975 by Ord. No. 1044]
Notwithstanding any other provision of law, a police officer may enter upon a private road to enforce the provisions of this chapter.
[Amended 1-22-1974 by Ord. No. 1040]
No motor vehicle, motorcycle or pedal-powered contrivance or device shall be operated, parked or allowed to stand on any City-owned or operated property not specifically set aside for such use; provided that, the City, in its discretion, may allow such operation or parking for special events, when such permission is requested in writing by an organization or individual.
This section shall not apply to bicycles or children's tricycles.
[Traf. Code § 87e]
Any person who shall move or remove any motor vehicle to or from any place within the City, without the knowledge and consent of the owner of such vehicle, shall report the date and time of such movement, the make and year of manufacture of the vehicle, the state of issue of the registration plates thereon, and the year, letters and numerals on the registration plates, to the Police Department, within two hours of completion of such movement. When such moving or removing shall be upon the orders of a police officer, such report shall not be required.
[Traffic Code §§ 30, 31; amended 3-31-1986 by Ord. No. 1376]
A person shall not operate, nor shall a person knowingly permit to be operated, upon the streets of this City a vehicle required to be registered as provided in the Michigan Vehicle Code, MCLA § 257.1 et seq., MSA § 9.1801 et seq., as amended, unless there shall be attached to and displayed on the vehicle, when and as is required by said Michigan Vehicle Code, a valid registration certificate and registration plate or plates issued for the vehicle by the department of state for the current registration year except as otherwise expressly provided in the Michigan Vehicle Code.
Upon receipt of a registration certificate from the department of state, the owner shall write his or her signature thereon with pen and ink in the space provided. A registration certificate shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving or in control of the vehicle, who shall display the registration certificate upon demand of a police officer or public safety officer. A registration plate issued for a vehicle shall be securely fastened to the rear of the vehicle in a position which is clearly visible. The plate shall be maintained in a clearly legible condition and free from foreign materials, names plates, insignias or advertising devices that obscure or partially obscure the registration information.
[Traf. Code § 52a-d]
No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
No person in a bus, trolley coach or other transit vehicle shall stand beyond the safety line, which shall be inlaid, constructed in the floor or painted upon the floor, so as to interfere with or obstruct the driver's view to the front or sides, or to obstruct the view of signals he may give to drivers of other vehicles.
No vehicle shall be operated upon any street, unless the driver's vision through any required equipment is normal.
[Traf. Code § 44A]
It shall be unlawful for any person to cause any object or substance to be thrown from any vehicle, at any other vehicle, pedestrian, traffic signal, sign or street light, or to cause any object or substance to be dropped from any vehicle upon the roadway, parkway, sidewalk or private property adjacent to any roadway, or to aid, assist or abet another so to do. It shall likewise be unlawful for any person to throw any object or substance at any vehicle.
[Traf. Code § 83t]
The Traffic Engineer is authorized, with the consent of the City Commission by motion, to determine and designate streets or alleys restricted to commercial, service and emergency vehicles and to install signs accordingly, and no person shall operate a vehicle on such streets or alleys in violation thereof.
[Traf. Code § 83i]
The Traffic Engineer is hereby authorized, with the consent of the City Commission by motion, to establish any street or part thereof as a pedestrian, special event or play street, when he shall find that the public safety or convenience is best served thereby, and he shall install signs or barricades warning drivers and others of the same.
[Traf. Code § 36]
No person shall use the streets for traveling on skis, toboggans, coasting sleds or similar devices, except on portions of such streets officially set aside for such use and adequately roped off or otherwise marked for such purpose.
[Traf. Code § 47]
No person upon roller skates, or riding in or by means of any toy vehicle or similar device, shall go upon any roadway, except while crossing a street on a crosswalk, and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as provided for in § 36-17.
[Traf. Code § 48]
No person shall cling to a motor vehicle in operation and no person riding upon any bicycle, motorcycle, motor-driven cycle, coaster, sled, roller skates or any other mechanism shall attach the same or himself, directly or indirectly, to any vehicle being operated upon any street, except that reasonably necessary towing operations, if conducted with care, are exempted from this provision.
[Traf. Code § 49]
No person shall board or alight from any vehicle while such vehicle is in motion.
[Traf. Code § 54a]
No person shall open the door of a motor vehicle on the side available to moving traffic, unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
[Traf. Code § 36]
Every person riding animals or driving any animal drawing a vehicle upon a street shall be subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions which, by their nature, can have no application; provided that, persons riding or leading animals on or along any street shall ride or lead such animals on the left side of the street facing approaching traffic.
[Traf. Code § 90]
The provisions of this chapter shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a street, but shall apply to such persons and vehicles when traveling to or from such work. The provisions of this chapter governing the size and width of vehicles shall not apply to vehicles owned by public highway authorities when the vehicles are proceeding to or from work on public highways.
[Traf. Code § 90]
The driver of any authorized emergency vehicle, when responding to an emergency call, but not while returning therefrom, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
The driver of an authorized emergency vehicle may:
Park or stand, irrespective of the provisions of this chapter.
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
Exceed the prima facie speed limits so long as he does not endanger life or property.
Disregard regulations governing direction of movement or turning in specified directions.
The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of the vehicle, while in motion, sounds an audible signal, by bell, siren, air horn or exhaust whistle, as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a flashing, oscillating or rotating red or blue light visible under normal atmospheric conditions from a distance of 500 feet in a 360° arc, except where it is deemed advisable not to equip a police vehicle operating as an authorized emergency vehicle with a flashing, oscillating or rotating light which is visible in a 360° arc. In such cases, a police vehicle shall display a flashing, oscillating or rotating red or blue light which is visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle.
[Traf. Code § 96; amended 7-16-1979 by Ord. No. 1167; 9-17-1979 by Ord. No. 1174; 3-31-1986 by Ord. No. 1376; 1-12-1987 by Ord. No. 1399; 12-14-1987 by Ord. No. 1427]
All violations under Chapter 36 of the Kalamazoo City Code of Ordinances (i.e., the Traffic Code) shall be processed as civil infractions in accordance with the Michigan Vehicle Code, being 1949 PA 300, as amended, except for the following sections of traffic violations: §§ 36-8, 36-12A, 36-14, 36-58D, E and F, 36-81, 36-95, 36-109.1A and B, 36-126A, 36-127, 36-129, 36-130, 36-150, 36-151, 36-197, 36-198, 36-199, 36-200, 36-201, 36-202, 36-203, 36-239, 36-240, 36-241, 36-242, 36-243, 36-244 and 36-246 which remain misdemeanors punishable by a fine of nor more than $100 or imprisonment for not more than 90 days, or both, in the discretion of the court, unless another penalty is specifically provided.
Any person found to have committed a civil infraction may be ordered to pay a civil fine of not more than $100 and costs, in accordance with MCLA § 257.907 of the Michigan Vehicle Code.
[Traf. Code § 89]
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
[Traf. Code § 86, b, d, f]
The Chief of Police shall be responsible for the issuance of books of traffic citation or complaint forms and shall maintain, or cause to be maintained, a record of every such book and each set of citation or complaint forms contained therein issued to the individual members of the Police Department and shall require and retain a receipt for every book so issued. All forms for records of violations and notices of violations, which shall include traffic citations issued by police officers, shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms and such records, notices and reports shall be public records.
Except when officially authorized or directed under state law to the contrary, a police officer who halts a person for any violation of this chapter or the motor vehicle laws of the state, other than for the purpose of giving him a warning or warning notice, and does not take such person into custody under arrest, shall take the name, address and operator's license number of such person, the registered number of the motor vehicle involved, and such other pertinent information as may be necessary, and shall issue to him in writing a traffic citation.
Every police officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of this chapter shall submit the original and copies of the citation and complaint, if any, to the Chief of Police or his authorized agent.
The Chief of Police shall require the return to him of each traffic citation and all copies of the corresponding complaint thereof, if any, which have been spoiled or upon which any entry has been made and has not been issued to an alleged violator.
The Chief of Police shall maintain a file of one duplicate copy of the citation or complaint corresponding to each traffic citation issued.
The Chief of Police shall also maintain or cause to be maintained, in connection with every traffic citation issued by a member of the Police Department, a record of the disposition of the charge.
[Traf. Code § 86b; amended 7-16-1979 by Ord. No. 1167]
It shall be unlawful and official misconduct for any member of the Police Department or other officer or public employee to dispose of, alter or deface a traffic citation or any copy of the corresponding complaint, or the record of the issuance or disposition of any traffic citation, complaint or warrant, in a manner other than as allowed by law.
It shall be unlawful for any person to cancel or solicit the cancellation of any traffic citation of complaint issued to an alleged violator other than as allowed by law.
[Traf. Code § 86f]
The Police Department shall annually prepare a traffic report which shall be submitted to the City Commission. Such report shall contain information on traffic matters in the City as follows:
The number of traffic accidents, the number of persons killed, the number of persons injured and other pertinent traffic accident data.
The number of traffic accidents investigated and other pertinent data on the safety activities of the police.
Plans and recommendations for future traffic enforcement activities.