Traffic

ORDINANCE NO. 110 – VEHICLE REGULATIONS AND USE OF STREETS, as amended

CITY OF STANTON, MICHIGAN
effective September 1, 1963

AN ORDINANCE TO PROVIDE FOR THE REGULATION AND USE OF THE STREETS AND HIGHWAYS WITHIN THE CITY OF STANTON: TO PROVIDE FOR THE REGULATION OF VEHICLES OPERATED UPON SUCH STREETS AND HIGHWAYS; TO PROVIDE PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; AND TO REPEAL ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH.

THE CITY OF STANTON ORDAINS:

Sec. 1. WORDS AND PHRASES.

Words and phrases used in this Ordinance shall have their usual and ordinary meaning; provided, that the words and phrases herein defined shall have the meanings respectively ascribed to them.

1. Alley means any street primarily designed and used for the accommodation of abutting owners.
2. Authorized Emergency Vehicles means vehicles of the fire department, police vehicles, ambulances and emergency vehicles of governmental agencies and public utilities, and privately owner motor vehicles of volunteer firemen, when marked and equipped as required by the laws of the State of Michigan.
3. Business District means Main Street between the West line of Vine Street and the East line of Mill Street; Camburn Street between South line of Day Street between the South line of Day Street; and Court Street line of Walnut Street. (As amended by Ordinance. No. 152)
4. Crosswalk means (a) that part of an intersection included within the connections of the lateral lines of the sidewalks; (b) any portion of a highway distinctly indicated for pedestrian crossing by appropriate markings or signs.
5. Driver means every person who drives or is in actual physical control of a vehicle.
6. Highway means the entire width between the boundary lines of every way publically maintained when any part thereof is open to the use of the public for purpose of vehicular travel.
7. Intersection means the area embraced within the prolongations of the lateral curb lines, if none, then the lateral boundary lines of two or more highways which join one another at an angle, whether such highways cross or not.
8. Motor Vehicle means every vehicle which is self-propelled.
9. Operator means driver.
10. Owner means any person who is the owner of a vehicle as defined by Act 300, Public Acts of Michigan of 1949, and any Acts amendatory thereto.
11. Parking means standing a vehicle upon a highway, whether occupied or not, except in the following cases: (a) when making necessary repairs, (b) when picking up or discharging a passenger, (c) when stopped in compliance with the direction of a traffic control device or police officer, (d) when necessary to avoid other traffic.
12. Pedestrian means any person on foot.
13. Person means every natural person, firm, partnership, association or corporation, and their legal successors.
14. Police Officer means any person authorized by law to enforce the ordinances of this City.
15. Private Road or Driveway means every driveway not to open to the use of the public for purpose of vehicular travel.
16. Residence District means all of the territory within the corporate limits of the City of Stanton, not defined in subsection (3) as “Business District”.
17. Right-of-way means the privilege of the immediate use of the highway.
18. School Bus means every motor vehicle having a manufacturer’s rated seating capacity of 12 or more and used to transport children to and from school, when painted or marked in the manner required by the laws of this State.
19. Sidewalk means that portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians, whether improved, paved or otherwise.
20. Street means highway
21. Through Highway means a highway at the entrance to which vehicular traffic from intersecting highways is required to stop before entering or crossing, and designated as such by the City Council.
22. Traffic means pedestrians, ridden or herded animals, vehicles, and other conveyances while using any highway for the purpose of travel.
23. Traffic Control Device means any sign, signal, marking, or other device placed or erected by authority of the City Council or other public body for the purpose of regulating, controlling or guiding traffic.
24. Vehicle means 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.
25. The singular shall include the plural and the plural shall include the singular; and the masculine shall include the feminine and neuter, as the case may be.
26. As used in this Ordinance, “shall” is mandatory, and “may” is permissive

Sec. 2. REPEALED BY ORD. NO. 111

Sec. 3. REPEALED BY ORD. NO. 111

Sec. 4. REPEALED BY ORD. NO. 111

Sec. 5. REPEALED BY ORD. NO. 111

Sec. 6. REPEALED BY ORD. NO. 111

Sec. 7. REPEALED BY ORD. NO. 111

Sec. 8. THROUGH HIGHWAYS

The following streets are hereby designated as through highways, to-wit:

1. Main Street;
2. State Street, North of Main Street
3. South State Street, South of Main Street
4. New Street, North of Main Street
5. Walnut Street, except at its intersections with New Street, North Court Street and State Street.
6. Pine Street, except at its intersections with New Street, North Court Street and State Street.

Sec. 9. PARKING.

1. Except when necessary to avoid confliction with other traffic, or in compliance with law or the directions of a police officer or traffic control device, it shall be unlawful for nay person to park a vehicle in any of the following places:
   1. On a sidewalk
   2. In front of a private drive
   3. Within (Upon), or within 15 feet of an intersection
   4. Upon, or within 20 feet of a crosswalk
   5. Within 15 feet of a fire hydrant
   6. Within 20 feet of the driveway entrance to the fire station, and on the side of a street opposite the entrance within 75 feet of such entrance when properly posted
   7. On the highway side of any other vehicle properly parked at any other place where such parked vehicle may interfere with traffic lawfully moving upon the highway
   8. At any other place where such parked vehicle may interfere with traffic lawfully moving upon the highway
   9. At any other place where signs, erected by authority of the City Council, prohibit such parking
2. No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such a distance as to be unlawful
3. Every vehicle parked upon any highway within the City of Stanton shall be parked with its wheels parallel to the highway, and the right hand wheels shall be within 12 inches of the right hand curb, or if there is no curb, then as near the right hand boundary line of such highway as is practicable; provided, however, that vehicles shall park at the angle marked on Lincoln Street for one half block south of Main Street, and on the east side of North Camburn Street between Main Street and the alley
4. No vehicle shall be parked continuously for over two hours on any street within the business district between the hours of 8:00 a.m. and 6:00 p.m.
5. No vehicle, or combination of a vehicle and trailer, having a combined length on excess of 20 feet, shall be parked on any street within the business district.
6. No vehicle shall be parked on any street or highway within the City of Stanton between the hours of 2:00 a.m. and 6:00 a.m. (As amended by ord. no. 167)
7. Whenever any police officer shall find any vehicle parked in violation of this Section, such police officer may require the person in charge of such vehicle to move the same, or if any such vehicle is unattended, such police officer may cause such vehicle to be removed.
8. The costs of removing a vehicle as provided in paragraph (7) of this Section shall be lien upon such vehicle and the person in whose custody the vehicle is given may retain it until such expenses are paid. (As amended by ord. no. 123)
9. No vehicle shall be parked on any parking lots owned or controlled by the City of Stanton within the City of Stanton between the hours of 2:00 a.m. and 6:00 a.m. (As amended by ord. no. 152)
10. No vehicle shall be parked in any designated handicapped parking space without a state issued permit or license plate. A violation of this Sub-section shall have a penalty of $30.00. (As amended by ord. no. 167)
11. A second offense of nay parking violation provided for in Section 9 Parking, except parking in a handicapped area, if committed within six months of the first offense shall have a penalty of $8 (As amended by ord. no. 167)
12. A third offense of any parking violation provided for in Section 9 Parking, except parking in a handicapped area, if committed within six months of the first offense shall have a penalty of $12.00 (As amended by ord. no. 167)

Sec. 10. REPEALED BY ORD. NO. 111

Sec. 11. REPEALED BY ORD. NO. 111

Sec. 12. REPEALED BY ORD. NO. 111

Sec. 13. REPEALED BY ORD. NO. 111

Sec. 14. REPEALED BY ORD. NO. 111

Sec. 15. REPEALED BY ORD. NO. 111

Sec. 16. REPEALED BY ORD. NO. 111

Sec. 17. ARREST; PROCEDURE.

Whenever any person shall have violated the terms of this Ordinance, the arresting officer, magistrate in District Court shall follow and comply with the procedures set forth in Section 741 inclusive of Act 300, public Acts of 1949 (as amended) being MCLA Section 257.741 to Section 257.750 inclusive. (As amended by ord. no. 111)

Sec 18. PENALTIES.

1. A violation of this Ordinance shall be a civil infraction and shall not be considered a lesser included offense of a criminal offense.
2. If a person is determined to be responsible or responsible “with explanation” for civil infraction, the Judge, District Court Referee or District Court Magistrate may order the person to pay a civil fine as set forth in Ordinance No. 124 but not more than $100.00 plus costs.
3. If a civil fine is ordered to be paid, the Judge, District Court Referee or District Court Magistrate shall summarily tax and determine the cost of the action, which shall not be limited to the cost table in ordinary civil actions, and may include all expenses, direct and indirect, to which the Plaintiff has been put in connections with the Civil infraction, up to the entry of the Judgement. Cost shall not be ordered in excess of $100.00. except as otherwise provided by law, costs shall be payable to the General Fund of the Plaintiff.
4. A default in the payment of the civil fine or costs ordered or an installment of the fine and costs may be collected by any means authorized for enforcements of Judgement under chapter 40 of the Revised Judicure Act of 1961, Act No. 236 of the Public Acts of 1961, as amended (being MCLA Section 600.4001 to 600.4065, inclusive) or under chapter 60 of Act 236 of the Public Acts of 1961 as amended (being MCLA Section 600.6001 to 600.6098, inclusive)
5. If a person fails to comply with an order or judgement issued pursuant to this Ordinance within the time prescribed by the Court, the driver’s license of that person shall be suspended pursuant to Section321 A of with that order or judgment occurs. In addition to this suspension, the District Court may proceed under Section 908 of Act 300 of the Public Acts of 1949 (as amended) being MCLA 257.908. (As amended by ord. no. 111)

Sec. 19. REPEAL.

Ordinances Number 62, 75, 100 and 106, and all other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed.

Sec. 20. EFFECTIVE DATE.

This ordinance shall take effect on September 1. 1963.

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ORDINANCE NO. 200 – AMENDMENT TO ORDINANCE NO. 110 (VEHICLE REGULATIONS AND USE OF STREETS)

An ordinance to amend Ordinance 110 as amended which is entitled, “Vehicle Regulation and Uses of Streets, City of Stanton, Michigan as follows:

The City of Stanton ordains that Section 9, number 9 of Ordinance 110 as amended is replaced in its entirety as follows:

1. No vehicle shall be parked on any parking lots owned or controlled by the City of Stanton between the hours of 2:00am and 6:00am except for the spaces so designated and signed for overnight parking in said City lots.
2. Vehicles using spaces designated and signed as overnight parking are bound by the following restrictions:
   1. During the months of January, February, March, November and December, vehicles parked in overnight spaces must be moved by 8:00am if one (1) inch or more of snow has fallen in the previous twelve (12) hour period;
   2. No vehicle shall be continuously parked in a designated overnight space for a period of greater than seventy-two (71) hours;
   3. All vehicles must be properly licensed, insured and operable. It shall therefore be unlawful for any person to use a designated overnight space for storage of wrecked or junked vehicles; and
   4. No repair or service to vehicles and no display of vehicles for purposes for sale shall be carried on or permitted.

A new Section 9, number 13 is added as follows:

13. “Freight loading zones” may be established in City owned or controlled parking lots at the determination of the Chief of Police. “Freight loading zones” for the purpose of this ordinance means spaced properly designated and signed for the exclusive use of commercial vehicles during he loading or unloading of freight.

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ORDINANCE NO. 124 – PARKING VIOLATIONS BUREAU, as amended

CITY OF STANTON. MICHIGAN
effective May 1, 1972

Sec. 1. PARKING VIOLATIONS BUREAU ESTABLISHED; AUTHORITY.

Pursuant to Section 8395 if the Revised Judicature Act, State of Michigan, as added by Public Act 154 of 1968, a Parking Violations Bureau for the purpose of handling alleged parking violations within the City is hereby established. The Parking Violations Bureau shall be under the supervision and control of the City Clerk.

Sec. 2. CITY CLERK; OPERATION; RULES AND REGULATIONS.

The City Clerk shall, subject to the approval of the City Council, establish a convenient location for the Parking Violations Bureau, appoint qualified city employees to administer the bureau and adopt rules and regulations for the operation thereof.

Sec. 3. VIOLATIONS; ALLEGATIONS; DEPOSTION, SCHEDULED RESTRICTIONS.

No violation not scheduled in Section 6 of this Ordinance 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.

Sec. 4. VIOLATIONS; SETTLING THEREOF; RIGHTS OF VIOLATORS.

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 is in charge of the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to such alleged violation. No person shall be required to dispose of a parking 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 they so desire. 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.

Sec. 5. TRAFFIC TICKET; ALLEGATION OF VIOLATION; PROCEDURE.

The issuance of a traffic ticket or notice of violation by a police officer of a City 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 for which the ticket was issued and advise that a warrant for the arrest of a person to whom the ticket was issued will be sought if such a person fails to respond within the limited.

Sec. 6. PARKING VIOLATIONS; PENALTIES.

The Parking Violations Bureau shall handle the following alleged parking violations:

OFFENSE	ORD. 110, SEC. 9	PENALTY
Parking on the sidewalk	(1) (a)	$4.00
Parking in front of a private drive	(1) (b)	all violations
Parking within, or within 15 feet of an intersection	(1) (c)
Parking upon or within 20 feet of a crosswalk	(1) (d)
Parking within 15 feet of a fire fire hydrant	(1) (e)
Parking within 20 feet of the driveway entrance to the fire station	(1) (f)
Parking on the highway side of any other vehicle properly parked	(1) (g)
Parking at any other place where the parked vehicle may interfere with traffic lawfully moving on the highway	(1) (h)
Parking in any other place where signs prohibit such parking	(1) (i)
Parking not parallel with the highway or too far from the curb	(3)
Parking a vehicle having a combined length in excess of 20 feet	(5)
Parking between 2:00 a.m. and 6:00 a.m. first offense	(6)
Parking in a parking lot owned and controlled by the City of Stanton between 2:00 a.m. and 6:00 a.m.	(9)
Parking in a handicapped area	(10)	$30.00
A second offense within six months	(11)	$8.00
A third offense within a six months (As amended by ord. no. 168)	(12)	$12.00

Sec. 7. REPEAL CLAUSE.

All ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, hereby repealed.

Sec. 8. EFFECTIVE DATE.

This ordinance shall become effective on the 1^st day of May, A.D. 1972.

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ORDINANCE NO. 206 – UNIFORM TRAFFIC CODE

AN ORDINANCE TO ADOPT BY REFERENCE
THE UNIFORM TRAFFIC CODE FOR CITIES,
TOWNSHIPS, AND VILLAGES

THE CITY OF STANTON ORDAINS:

Sec. 1 Code Amendments and Revisions Adopted

The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the director of the Michigan department of state police pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002, and all future amendments are revisions to the Uniform Traffic Code when they are promulgated and effective in this state are incorporated and adopted by reference.

Sec. 2 References in Code

References in the Uniform Traffic Code for Cities, Townships, and Villages to a “governmental unit” shall mean the City of Stanton.

Sec. 3 Notice to be published

The City Clerk shall publish this ordinance in the manner required by law and shall publish, at the same time, a notice stating the purpose of the Uniform Traffic Code for Cities, Townships, and Villages, and the fact that a complete copy of the code is available to the public at the office of the clerk for inspection.

Sec. 4. Penalties

The penalties provided by the Uniform Traffic Code for Cities, Townships, and Villages are adopted by reference.

Effective Date: 03/24/2003

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ORDINANCE NO. 205 – MICHIGAN VEHICLE CODE

AN ORDINANCE TO ADOPT BY REFERENCE
THE MICHIGAN VEHICLE CODE

THE CITY OF STANTON ORDAINS:

Sec. 1 Code and Amendment and Revisions Adopted

The Michigan Vehicle Code. 1949 PA 300, MCL 257.293, and all future amendments and revisions to the Michigan Vehicle Code when they are effective in this state are incorporated and adopted by reference.

Sec. 2 References in Code

References in the Michigan Vehicle Code to “local authorities” shall mean the City of Stanton.

Sec. 3 Notice to be published

The City of Stanton Clerk shall publish this ordinance in the manner 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 to the public at the office of the Clerk for inspection.

Sec. 4 Penalties

The penalties provided by the Michigan Vehicle Code are adopted by reference, provided, however, that the City of Stanton may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days.

Effective Date: 03/24/2003

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ORDINANCE NO. 217 – OFF ROAD VEHICLES (ORV’S)

State of Michigan
City of Stanton

ORV Ordinance

An ordinance adopted for the purpose of authorizing and regulating the operation of Off Road Vehicles (ORV’s) on the streets in the City of Stanton, for such purposes of providing penalties for the violations thereof.

THE CITY OF STANTON ORDAINS:

Sec. 1 As used in this ordinance, the following definitions shall apply:

1. “City” means the City of Stanton
2. “Driver’s license” means operator’s or chauffeur’s license or permit issued to an individual by the Secretary of State under chapter III of the Michigan Vehicle Code, 1949 PA 300, MCL 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit.
3. “Operate” means to ride in or on, and be in actual physical control of the operation of an ORV.
4. “Operator” means a person who operates or is in actual physical control of the operations of an ORV.
5. “ORV for the purpose of this ordinance means a motor driven off road recreational vehicle or golf cart capable of cross-country travel without benefit of a road or trail, on or immediately over land, or other natural terrain. ORV or vehicle includes a multi-wheel drive vehicle. ORV or vehicle does not include a snowmobile, a farm vehicle being used for farming, a vehicle for military, fire, emergency or law enforcement purposes, a motorcycle, a three wheeled vehicle, a vehicle owned and operated by a utility company or an oil and gas company when performing maintenance on its facilities or on property operated by a utility company or a construction or logging vehicle used in performance of its common function.
6. “Street” means a local street and major streets in the City of Stanton.
7. “Safety certificate” means a certificate issued pursuant to 1994 PA 451 as amended, MCL 324.82229, or a comparable ORV safety certificate issued under the authority of another state or a province of Canada.
8. “Visual supervision” means the direct observation of the operator with the unaided or normally corrected eye, where the observer is able to come to the aid of the operator.

Sec. 2 An ORV may be operated on the far right of the maintained portion of a street in the City. A State of Michigan ORV license is also required of ORV’s used in areas open to public operations, regardless of whether the ORV is owned by a resident of Michigan.

Sec. 3 An ORV shall not be operated on North State or South State or Main St. between North State and South State Street.

Sec. 4 Except as set forth herein or otherwise provided by law, an ORV meeting all the following conditions may be operated on a road or street in the City:

1. At a speed of no more than 25 miles per hour or a lower posted ORV speed limit or a rate of speed greater than is reasonable and proper, or in a careless manner having due regard for conditions then existing.
2. By a person not less than 12 years of age.
3. With the flow of traffic
4. In a manner which does not interfere with traffic on the road or street.
5. Traveling single file except when overtaking or passing another ORV.
6. While displaying a lighted headlight and lighted taillight at all times.
7. When a person and any passenger in or on the vehicle is wearing on his or her head a crash helmet and protective eyewear approved by the United States Department of Transportation. This subdivision does not apply if the vehicle is equipped with a windshield and a roof or roll bar that meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened safety belt.
8. With a throttle so designated that when the pressure used to advance the throttle is removed, the engine speed will immediately and automatically return to idle.
9. While the ORV is equipped with a spark arrester type United States Forest Service approved muffler in good working order and in constant operation.
10. When equipped with a braking system that may be operated by hand or foot, capable of producing deceleration at 14 feet per second on level ground at a speed of 20 miles per hour, a brake light, brighter than a taillight, visible when the brakes are activated to the rear of the vehicle when the vehicle is operated during the hours of one half hour before sunset and one half hour after sunrise.
11. Pursuant to noise emission standards defined by law.
12. In a court action in this state where competent evidence demonstrates that a vehicle that is permitted to be operated on a highway pursuant to the Michigan vehicle code, 1949 PA 300, NCK 257.1 to 257.923, collided with an ORV on a roadway, the driver of the ORV involved in the collision shall be considered prima facie negligent.

Sec. 5 A child less than 16 years of age shall not operate an ORV on a street in the City unless the child is under the direct visual supervision of an adult and the child has in his or her immediate possession a Michigan issued ORV safety certificate or a comparable ORV safety certificate issued under the authority of another state or province of Canada.

Sec. 6 Unless a person possesses a valid driver’s license, a person shall not operate an ORV on a street in the City if the ORV is registered as a motor vehicle and is either more than 60 inches wide or has three wheels.

Sec. 7 Any person who violates this ordinance is guilty of a municipal civil infraction and may be ordered to pay a civil fine of not more than $500.

Sec. 8 A court may order a person who causes damage to the environment, a street or other property as a result of the operation of an ORV to pay full restitution for the damage above and beyond the penalties paid for civil fines.

Sec. 9 This ordinance becomes effective ___________________________,

This Ordinance is adopted by actions of the City of Stanton Commissioners on the 10^th day of January, 2011.

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