[Traf. Code § 23; amended 10-9-1978 by Ord. No. 1144; 11-29-1990 by Ord. No. 1482; 5-18-1992 by Ord. No. 1533; 1-14-2002 by Ord. No. 1729]
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
On a sidewalk.
In front of a public or private driveway.
Within an intersection.
Within 15 feet of a fire hydrant.
On a crosswalk.
Within 20 feet of a crosswalk or if none, then within 15 feet of the intersection of property lines at an intersection of highways.
Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a highway.
Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone unless a different length is indicated by signs or markings.
Within 50 feet of the nearest rail of a railroad crossing.
Within 20 feet of the driveway entrance to any fire station and, on the sides of a street opposite the entrance to any fire station, within 75 feet of such entrance when properly sign-posted.
Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.
On the street side of any vehicle stopped or parked at the edge or curb of a street.
Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
At a place when an official sign is erected which prohibits or restricts the stopping, standing or parking of vehicles.
Within 200 feet of an accident at which police officers are in attendance.
In front of any theater.
In any place or in any manner so as to block immediate egress from any emergency exit or exits, conspicuously marked as such, of buildings.
In any place or in any manner so as to block or hamper the immediate use of and immediate egress from any fire escape, conspicuously marked as such, providing an emergency means of egress from any building.
In a parking space reserved for a handicapped person unless the person parking the vehicle is a handicapped person as so defined or is parking the vehicle for the benefit of such a person. Absence of both the certificate of identification issued under MCLA § 257.675 as amended and the special registration plate issued under MCLA § 257.803d as amended shall be prima facie evidence of a violation of this subsection.
On a street or highway in such a way as to obstruct the delivery of mail to a rural mailbox by a carrier of the U.S. Postal Service.
In a place or in a manner which blocks the use of an alley.
In any area which must be accessed by the driver of a vehicle driving upon or across a curb in violation of § 36-116.
On any unimproved surface within a side yard of a residential lot in a residential zoning district. An unimproved surface is one which is not surfaced with concrete, asphalt, gravel or similar material. A side yard is that area consisting of an open space unoccupied and unobstructed from the ground upward between a building and the side lot line extending from the front yard or setback line to the rear yard or to the lot line when there is no front or rear yard.
On any roadway or drive accessible to the general public at the Kalamazoo-Battle Creek International Airport where posted signs prohibit the parking of unattended vehicles, or where posted signs limit the amount of time where an attended vehicle may remain in a standing or parked position. Unattended vehicles that are found to be in violation of this subsection may be towed without warning to the driver and/or owner.
No person shall move a vehicle not lawfully under his control into any prohibited area designated in this section or away from a curb such distance as is unlawful.
General prohibitions relating to commercial vehicles:
No person shall park any commercial vehicle, or any type of equipment, trailer or truck, having a gross vehicle weight in excess of 10,000 pounds, and/or having more than two axles, and/or exceeding nine feet in overall height measured from the ground, and/or exceeding 21 feet in length, in any residential zoning district.
The definition of the term "commercial vehicle" shall be as stated in the Michigan Motor Code (MCLA § 257.7) and shall include, but not be limited to the following: semi-trucks, dump trucks, stake trucks, flatbed trucks, wreckers, and tank trucks.
This prohibition applies to any and all areas within any residential zoning district, except that the parking of commercial vehicles or commercial equipment shall be allowed in any residential zoning district, where such parking is limited to vehicles or equipment engaged in the performance of a service on the adjacent or underlying property, for the period of time reasonably necessary to complete the service.
In any proceeding for a violation of this section, proof that the particular vehicle described in the citation, complaint or warrant was involved in such violation, together with proof that the defendant named in the citation, complaint or warrant was, at the time of the violation, the registered owner of the vehicle, shall constitute in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
Editor's Note: Ord. No. 1568, adopted 2-21-1994, which amended §§ 36-4 and 36-175 of the Code of Ordinances pertaining to the duties and responsibilities of the Traffic Engineer, superseded and repealed the provisions of former § 36-164. Former § 36-164 pertained to the authority of the Traffic Engineer, with the consent of the City Commission, to place prohibitions or restrictions on specific streets and derived the former Traffic Code and Ord. No. 1110, § 1, adopted 3-28-1977.
[Traf. Code § 22e]
No person having control or charge of a motor vehicle shall allow such vehicle to stand unattended on any street, highway or parking lot, without first effectively setting the brakes thereon, stopping the motor, locking the ignition and removing the keys therefrom, and, when standing on any grade, without turning the front wheels of such vehicle to the curb or side of the street or highway.
[Traf. Code §§ 22a, 22b]
Except as otherwise specifically provided in this article, every vehicle parked upon a street shall be so parked with the wheels of such vehicle parallel to the roadway and within 12 inches of any existing right-hand curb.
Vehicles may be parked with the left-hand wheels adjacent to and within 12 inches of the left-hand curb of properly signed one-way streets.
[Traf. Code §§ 22c, 83j]
The Traffic Engineer shall determine the location of angle parking zones and shall erect and maintain appropriate signs or markings indicating the same and giving notice thereof, except that no such zones shall be established on state trunk line highways.
Upon those streets which have been signed or marked by the Traffic Engineer for angle parking, no person shall park a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
[Traf. Code § 22f]
No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available insufficient width of the roadway for the free movement of vehicular traffic.
[Traf. Code § 25; amended 6-23-1975 by Ord. No. 1061]
No person shall park a vehicle upon any street for the principal purpose of:
[Traf. Code §§ 25, 83k; amended 2-18-1980 by Ord. No. 1187]
It shall be unlawful for any person to park, allow to be parked, or allow to remain parked, any motor vehicle on any paved surface of any public street of the City between the hours of 2:00 a.m. and 6:00 a.m.
The Traffic Engineer shall erect signs giving notice of the provisions of this section.
Specific blocks of specific streets may be permitted as exceptions to the foregoing general provisions (in Subsection A), when so designated by the Traffic Engineer with the consent of the City Commission.
Vehicles parked in violation of Subsection A shall be subject to immediate impoundment, in addition to being ticketed, if, in the opinion of the director of public works or his designee, the vehicle or vehicles are interfering or will interfere with the performance of necessary street maintenance service, including but not limited to street cleaning or snow plowing operations.
[Traf. Code § 83i]
It shall be unlawful for any person to stop or park any motor vehicle on any pedestrian, special event or play street established pursuant to § 36-16 in violation of the Traffic Engineer's order relating to such street.
[Traf. Code § 26]
No person shall park or stop a vehicle within any public court or alley, unless such parking is permitted or such stopping is required by other laws, posted signs or directions of a police officer, unless the same is a commercially licensed vehicle actually being loaded or unloaded, and then for a period not to exceed one hour; provided, however, that if the space remaining for the passage of other vehicles is eight feet or less, such period shall not exceed 10 minutes.
[Traf. Code § 23; amended 10-30-1995 by Ord. No. 1603]
No motor vehicle shall be parked or allowed to stand between the curb and sidewalks, between the curb and the right-of-way line, or on any grassy parkway of any curbed public street including driveway approaches within the public right-of-way. Unless otherwise prohibited, motor vehicles may be parked or allowed to stand between the drainage line and sidewalk, between the drainage line and the right-of-way line, or on a grassy parkway along uncurbed public streets provided the vehicles are parked parallel to the road edge no more than one vehicle deep and do not obstruct traffic. Any vehicle lawfully parked on a curblawn area overnight must be completely off of and not overhang the paved street surface. The Traffic Board may, in its discretion, prohibit parking adjacent to uncurbed streets. Any vehicle parked upon any curblawn area which is not equipped with proper and current registration or a proper and current license plate shall be subject to impoundment.
[Traf. Code § 25]
No unattached trailer or semitrailer shall be parked at any time in or upon the public streets of the City, except when it is necessary for loading or unloading. No vehicle with a trailer, house car or mobile home attached thereto shall be parked on any public street where angle parking is allowed nor shall it be parked for a period of more than three hours on any public street in the City.
[Traf. Code §§ 27, 83, 84; amended 6-4-1984 by Ord. No. 1324; 2-21-1994 by Ord. No. 1568; 8-21-1995 by Ord. No. 1595; 7-1-2002 by Ord. No. 1735]
The Traffic Engineer is hereby authorized to determine and designate metered parking zones on City streets and in all parking facilities, owned, leased or managed by the City, to establish maximum lawful time limits of parking within those zones, and to install and maintain as many parking meters as necessary in such zones, where it is determined that the installation of parking meters shall be necessary to aid in the regulation, control and inspection of the parking of vehicles. The parking meters may be of whatever type is determined by the City Commission.
When parking meters are erected adjacent to a space marked for parking, no person shall stop or park a vehicle in such space, or permit the same to remain thereon, unless the proper coin has been deposited in the meter and the meter shows that the allotted time has not expired, except on Sundays and legal holidays.
Where maximum lawful time limits of parking are established within metered parking zones, no person shall park a vehicle or permit the same to remain within said zone for a time period in excess of the established lawful limit between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except legal holidays. Each additional expiration of the established lawful maximum time limit for a metered parking zone shall constitute a separate violation. Where maximum lawful, free, time-limited parking is established within parking zones, no person shall park a vehicle or permit the same to remain within said zone for a time period in excess of the established lawful limit between the hours of 6:00 a.m. and 6:00 p.m., except Sunday and legal holidays. Each additional expiration of the established lawful, free time-limited parking zone shall constitute a separate violation.
[Amended 1-3-2011 by Ord. No. 1877]
Every vehicle shall be parked wholly within the metered parking space for which the meter shows parking privilege has been granted.
[Amended 1-3-2011 by Ord. No. 1877]
No person shall place or maintain upon any street any parking meter bearing thereon any commercial advertising.
[Amended 1-3-2011 by Ord. No. 1877]
In all on-and-off street parking facilities owned or leased by the City for public parking, a vehicle shall be parked entirely within a marked parking space, and shall not occupy more than one parking space. A violation of this subsection shall be subject to a fine in an amount equal to that charged for double parking in § 36-185 of this Code.
[Amended 1-3-2011 by Ord. No. 1877]
The City of Kalamazoo may establish pay-in-advance boxes in parking areas, lots or facilities owned, leased, or managed by the City for public parking, for persons to pay for parking in a designated parking spot by depositing money in the slot for said designated parking spot in the pay-in-advance box. When pay-in-advance boxes are so established, no person shall stop or park a vehicle in such designated parking spot unless the proper amount of money has been deposited in the slot in the box for that designated parking spot. Where maximum lawful time limits of parking are established in pay-in-advance parking areas, lots or facilities, no person shall park a vehicle or permit the same to remain within said area, lot or facility for a time period in excess of the established lawful limit. Each additional expiration of the established lawful maximum time limit shall constitute a separate violation. The fines for a violation of this subsection shall be the same as set forth in the schedule of fines for an expired meter pursuant to § 36-185 of this Code, as amended.
[Amended 1-3-2011 by Ord. No. 1877]
[Traf. Code § 22h]
In case of the breakdown of a vehicle, the driver shall immediately take all reasonable precautions to prevent accidents by warning other drivers thereof by means of flares, lights or other signals.
[Traf. Code § 22g]
The operator of a vehicle starting from a parked position shall give moving vehicles the right-of-way and shall give a timely and visible warning signal before so starting.
The operator of a vehicle parked at an angle to the curb and about to start shall give moving vehicles the right-of-way and shall not back such vehicle from the curb into the moving lane of traffic, unless such maneuver can be made in safety and without conflict with moving vehicles.
[Traf. Code §§ 28, 831]
The Traffic Engineer is hereby authorized to determine the location of passenger and freight curb-loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which such zones shall be restricted for loading purposes.
No person shall stop, stand or park a vehicle for any purpose or period of time, except for the expeditious loading or unloading of passengers, in any place marked as a passenger curb loading zone during hours when the regulations applicable to such passenger curb loading zone are effective, and then only for a period not to exceed five minutes.
No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a freight curb loading zone during hours when the provisions applicable to such zone are in effect; provided that, the driver of a vehicle may stop temporarily at a place marked as a freight curb loading zone, for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone.
[Traf. Code § 22d]
No person shall stop, stand or park any vehicle at right angles to the curb, for the purpose of loading or unloading merchandise, unless signs permitting the same are posted at such place.
[Traf. Code §§ 28, 83m]
The Traffic Engineer is hereby authorized to establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on such public streets, in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public. Every such stop or stand shall be designated by appropriate signs, which the Traffic Engineer may cause to be erected by the carrier for whom it is designated, unless otherwise directed by the City Commission.
No person shall stop, stand or park a vehicle, other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and when such stopping does not interfere with any bus or taxicab about to enter such zone; provided, however, that parking in a bus stop at any time, when buses are not scheduled upon the streets of this City, shall not be a violation of this subsection.
[Traf. Code § 28]
The operator of a bus shall not stand or park upon any street in any business district at any place other than a bus stop. This provision shall not prevent the operator of any bus from temporarily stopping, in accordance with general traffic regulations, for the purpose of loading or unloading passengers.
[P.S. Code § PS750.5; Traf. Code § 86b; amended 9-17-1979 by Ord. No. 1174; 12-9-1985 by Ord. No. 1366]
Whenever any motor vehicle without driver is found parked or stopped in violation of any of the provisions of this chapter or any order promulgated under this chapter, or in violation of state law, the police officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a parking ticket or notice of violation. The City Manager may delegate to other persons the power to issue and affix such tickets or notices for parking violations, but no other power normally exercised by a police officer or public safety officer in the exercise of his normal duties.
The issuance of a parking ticket or notice of violation by a police officer or public safety officer or other authorized person shall be deemed an allegation of a parking violation. Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the bureau, the hours during which the bureau is open, the amount of the penalty scheduled for the offense of the person to whom the ticket was issued and advise that a civil infraction citation will be sought if such person fails to respond within the prescribed time.
[Traf. Code § 29]
In any proceeding for violation of the parking provisions of this chapter, the registration of ownership of the plate displayed on such motor vehicle shall constitute, in evidence, a prima facie presumption that the owner of such motor vehicle was the person who parked or placed such motor vehicle at the point where such violation occurred. In case two or more persons are the registered owners, either may be presumed to be the person who parked or placed such motor vehicle as aforesaid. In case such motor vehicle is or has been rented or leased from a commercial leasing establishment or service, it shall be presumed, as prima facie evidence, that the person whose name appears as lessee on the lease agreement was the person who parked or placed such motor vehicle at the point where such violation occurred. In case two or more persons signed the lease agreement, as lessees, either may be presumed to be the person who parked or placed the motor vehicle as aforesaid.
[P.S. Code §§ PS750.1—PS750.4; amended 9-17-1979 by Ord. No. 1174]
Pursuant to § 8395 of the Revised Judicature Act, State of Michigan, as amended, being § 600.8395 of the Michigan Compiled Laws, a Parking Violations Bureau is hereby established for the purpose of handling alleged parking violations within the City and to collect and retain civil fines and costs prescribed in the ordinance. The Parking Violations Bureau shall be under the supervision and control of the City Manager.
The City Manager shall, subject to the approval of the City Commission, establish a convenient location for the Parking Violations Bureau, and the City Manager shall appoint qualified City employees to administer the bureau and adopt rules and regulations for the operation thereof.
No violation not scheduled in § 36-185 shall be disposed of by the Parking Violations Bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the bureau, and in any case, the person in charge of such bureau may refuse to dispose of such violation, in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense as provided by law.
No violation may be settled at the Parking Violations Bureau, except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denies having committed the offense, and in no case shall the person who is in charge of the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to the alleged violation. No person shall be required to dispose of a parking violation at the Parking Violations Bureau and all persons shall be entitled to have any such violation processed before a court having jurisdiction thereof, if he so desires. The unwillingness of any person to dispose of any violation at the Parking Violations Bureau shall not prejudice him or in any way diminish the rights, privileges and protection accorded to him by law.
[P.S. Code § PS750.6; amended 6-9-1975 by Ord. No. 1059; 6-23-1975 by Ord. No. 1060; 5-2-1977 by Ord. No. 1112; 12-26-1979 by Ord. No. 1181; 6-1-1987 by Ord. No. 1414; 2-24-1992 by Ord. No. 1524; 2-15-1999 by Ord. No. 1668; 3-30-2001 by Ord. No. 1717; 3-17-2003 by Ord. No. 1756; 6-16-2008 by Ord. No. 1841; 5-2-2016 by Ord. No. 1939]
The schedule of fines and late fees for parking violations shall be as follows, unless otherwise provided by ordinance:
[Added 11-16-1998 by Ord. No. 1662; amended 5-3-1999 by Ord. No. 1673; 8-5-2002 by Ord. No. 1742]
For the purposes of protecting the public health, safety and general welfare, for the enhancement of the visual environment of the City and for the purpose of preserving residential neighborhoods, the parking, storage or leaving unattended of any motor vehicle on any surface other than an approved parking surface at any property used primarily or exclusively as a single-family residence, duplex, or multifamily dwelling, or at a vacant lot adjacent to any property used primarily or exclusively for residential purposes anywhere in the City is hereby declared to be a public nuisance and is hereby prohibited.
For the purposes of this section, the term "approved parking surface" shall mean an area surfaced with concrete, asphalt, gravel, or similar material. Such surfacing shall have adequate coverage and barriers sufficient to confine the material. A driveway shall be surfaced with concrete, asphalt, gravel or similar material. Such surfacing also shall have adequate coverage and barriers sufficient to confine the material, as approved by the Building Official.
For the purposes of this section, the term driveway shall mean an access roadway leading from an authorized curb cut to a garage, carport or required parking space, including turnaround and other vehicle maneuvering areas, and including circular driveways from an authorized curb cut to another authorized curb cut.
Nothing in this section shall prohibit the parking of motor vehicles upon driveways.
Nothing in this section shall be deemed to prohibit the City from taking action to abate any nuisance or blighting condition caused by the parking of vehicles in any residential district or at any property used primarily or exclusively as a single-family residence, duplex, or multifamily dwelling.
The prohibitions in this section shall not apply to the following:
Recreational vehicles parked at any single-family home or duplex, provided that they are stored in the side or back yard.
Vehicles being used for governmental or utility purposes.
Vehicles used for moving, construction, repair, cleaning, or similar activities at a single-family residence, duplex, or multifamily dwelling.
Any other parking of vehicles expressly authorized by another section of this code, or by special permission of the Kalamazoo City Commission, or by the Chief of Public Safety or his or her designee.
Each day that any vehicle is parked, stored, or left unattended in violation of this section shall be deemed a separate violation. Any vehicle parked, stored, or left unattended in violation of this section may be issued a parking citation. Upon a finding of responsibility, the owner of the vehicle shall be assessed a fine of $25 per vehicle. Upon a finding of responsibility for any violation occurring within two years of a previous finding of responsibility, the owner of the vehicle shall be assessed a fine of $50 per vehicle. If any vehicle owned by a person found responsible for a violation of this section is again parked, stored or left unattended at the same property in violation of this section within two years of a finding of responsibility for a violation of this section, that vehicle may be impounded by the Kalamazoo Department of Public Safety at the owner's sole expense without prior notice to the owner.
In addition to parking citations issued to any vehicle parked, stored, or left unattended in violation of this section, the owner and/or occupant of any such property where a vehicle is stored or parked in violation of this section shall be guilty of a misdemeanor. Each day that a vehicle is parked, stored, or left unattended in violation of this section shall be deemed a separate violation. Upon conviction for a misdemeanor violation of this section, the owner and/or occupant of the property shall be assessed a fine of $50 for each violation. Upon conviction for any misdemeanor violation of this section occurring within two years of a previous conviction, the owner and/or occupant of the property shall be assessed a fine of $25. Upon a conviction for a violation of this section, the City may serve written notice by first class mail to the owner of the property and by posting at the property notice of its intent to remove and impound any vehicle parked, stored, or left unattended at the property in violation of this section.
Editor's Note: Ord. No. 1662, adopted 5-3-1999, repealed Ord. No. 1483, adopted 1-29-1990, which also regulated parking or storage of motor vehicles in required front yard in residential districts.