Chapter 17 TRAFFIC AND MOTOR VEHICLES*

*Cross references: Garbage and refuse, ch. 8; offenses, ch. 11; roads, driveways, and parking lots, ch. 15.
State law references: Michigan Vehicle Code, MCL 257.1 et seq., MSA 9.1801 et seq.; regulation by local authorities, MCL 257.605, 257.606, 257.610, MSA 9.2305, 9.2306, 9.2310.

ARTICLE I. IN GENERAL
Sec. 17-1. Snow removal.
(a) Definitions. The following terms as used in this section shall have the meanings defined in this subsection:
Person shall not include the state or a political subdivision of the state or an employee of the state or a political subdivision of the state operating within the scope of his duties.
Roadway shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel. If a highway includes two or more separate roadways, the term roadway shall refer to any such roadway separately, but not to all such roadways collectively.
Safety vision shall mean an unobstructed line of sight enabling a driver to travel upon, enter or exit a roadway in a safe manner.
Street or highway shall mean the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(b) Prohibited. It shall be unlawful at any time for any person within the township to:
(1) Remove or cause to be removed, snow, ice or slush onto or across streets, highways or roadways or the shoulder of streets, highways or roadways in a manner which obstructs the safety vision of the driver of a motor vehicle other than off-road vehicles.
(2) Deposit or cause to be deposited, snow, ice or slush onto or across streets, highways or roadways or the shoulders of streets, highways or roadways in a manner which obstructs the safety vision of the driver of a motor vehicle.
(3) Deposit or cause to be deposited, snow, ice or slush on any street, highway or roadway.
(c) Penalty. Any person who violates any provision of this article is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 132, 2-21-79; Ord. No. 132A, § 1, 4-8-98)
Secs. 17-2--17-25. Reserved.
ARTICLE II. UNIFORM TRAFFIC CODE
Sec. 17-26. Adoption.
The Uniform Traffic Code for Cities, Townships and Villages promulgated by the director of state police and published in the 1979 edition of the Michigan Administrative Code and amendments as published in the Quarterly Supplement No. 5 to the 1979 edition of the Michigan Administrative Code, in accordance with Act No. 62 of the Public Acts of Michigan of 1956 (MCL 257.951 et seq., MSA 9.2651 et seq.), is hereby adopted by reference as in this article modified. References to "governmental unit" therein shall mean the charter township.
Sec. 17-27. Amendments.
The following sections and subsections of the Uniform Traffic Code for Cities, Townships, and Villages are hereby amended as set forth. Subsequent section numbers used in this section shall refer to the like numbered sections of the Uniform Traffic Code.
Section 2.5 is amended to read:
Section 2.5. Abandoned vehicle procedures.
A police agency, upon receiving reliable information that any vehicle registered under this act has been stolen, shall immediately report the theft through the law enforcement information network. Upon receiving information that a vehicle previously reported as stolen has been recovered, the police agency shall immediately report the fact of the recovery through the law enforcement information network.
Section 2.5a is amended to read:
Section 2.5a. Abandoned vehicle procedures.
(1) As used in this section, "abandoned vehicle" means a vehicle which has remained on public property or private property for a period of 48 hours after a police agency or other governmental agency designated by the police agency has affixed a written notice to the vehicle.
(2) If a vehicle has remained on public or private property for a period of time so that it appears to the police agency to be abandoned, the police agency shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Affix a written notice to the vehicle. The written notice shall contain the following information:
(i) The date and time the notice was affixed.
(ii) The name and address of the police agency taking the action.
(iii) The name and badge number of the police officer affixing the notice.
(iv) The date and time the vehicle may be taken into custody and stored at the owner's expense or scrapped if the vehicle is not removed.
(v) The year, make, and vehicle identification number of the vehicle, if available.
(3) If the vehicle is not removed within 48 hours after the date the notice was affixed, the vehicle is deemed abandoned and the police agency may have the vehicle taken into custody.
(4) A police agency which has a vehicle taken into custody shall do all of the following:
(a) Recheck to determine if the vehicle has been reported stolen.
(b) Within 24 hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network.
(c) Within seven days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first-class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i) The year, make, and vehicle identification number of the vehicle if available.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency which had the vehicle taken into custody.
(v) The business address of the custodian of the vehicle.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.
(viii) A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.
(5) The registered owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in an amount equal to the accrued towing and storage fees with the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(6) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(7) If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle and the police agency for its accrued costs.
(8) Not less than 20 days after the disposition of the hearing described in subsection (5) or, if a hearing is not requested, not less than 20 days after the date of the notice, the police agency shall offer the vehicle for sale at a public sale pursuant to section 2.5g.
(9) If the ownership of a vehicle which has been deemed abandoned under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to section 2.5g, not less than 30 days after public notice of the sale has been published.
Section 2.5b is amended to read:
Section 2.5b. Abandoned scrap vehicle procedures.
(1) As used in this section:
(a) Registered abandoned scrap vehicle means a vehicle which meets all of the following requirements:
(i) Is on public or private property.
(ii) Is seven or more years old.
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by section 683 would exceed the fair market value of that vehicle.
(iv) Is currently registered in the state of Michigan or displays current year registration plates from another state.
(v) Is not removed within 48 hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(b) Unregistered abandoned scrap vehicle means a vehicle which meets all of the following requirements:
(i) Is on public or private property.
(ii) Is seven or more years old.
(iii) Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by section 683, would exceed the fair market value of that vehicle.
(iv) Is not currently registered in this state and does not display current year registration plates from another state.
(v) Is not removed within 48 hours after a written notice as described in section 2.5a(2)(b) is affixed to the vehicle.
(2) A police agency may have an unregistered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Take two photographs of the vehicle.
(c) Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:
(i) The year, make, and vehicle identification number if available.
(ii) The date of abandonment.
(iii) The location of abandonment.
(iv) A detailed listing of the damage or the missing equipment.
(v) The reporting officer's name and title.
(vi) The location where the vehicle is being held.
(d) Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(3) Within 24 hours, excluding Saturday, Sunday, and legal holidays, after taking the vehicle into custody, the police agency shall complete a release form and release the vehicle to the towing service or a used vehicle parts dealer or vehicle scrap metal processor, who shall then transmit that release form to the secretary of state and apply for a certificate of the title or a certificate of scrapping. Upon receipt of the release form and application, the secretary of state shall issue a certificate of title or a certificate of scrapping.
(4) The release form described in subsection (3) shall be furnished by the secretary of state and shall include a certification executed by the applicable police agency when the abandoned scrap vehicle is released. The certification shall state that the police agency has complied with all the requirements of subsection (2)(b) and (c).
(5) The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than two years. The two photographs taken pursuant to subsection (2)(b) shall be retained by the police agency for not less than two years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.
(6) A police agency may have a registered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:
(a) Determine if the vehicle has been stolen.
(b) Take two photographs of the vehicle.
(c) Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:
(i) The year, make, and vehicle identification number if available.
(ii) The date of abandonment.
(iii) The location of abandonment.
(iv) A detailed listing of the damage or the missing equipment.
(v) The reporting officer's name and title.
(vi) The location where the vehicle is being held.
(d) Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.
(e) Within seven days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first-class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:
(i) The year, make, and vehicle identification number of the vehicle if available.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency which had the vehicle taken into custody.
(v) The business address of the custodian of the vehicle.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.
(viii) A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the termination of all rights of the owner and the secured party to the vehicle.
(7) The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount as determined by the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(8) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(9) If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(10) Not less than 20 days after the disposition of the hearing described in subsection (7), or if a hearing is not requested, not less than 20 days after the date of the notice described in subsection (6)(e), the police agency shall follow the procedures established in subsections (3) through (5).
Section 2.5c is amended to read:
Section 2.5c. Vehicle removed from private property.
(1) When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or a police agency, the custodian of the vehicle immediately shall notify the police agency from whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police agency to enter the vehicle into the law enforcement information network.
(2) Upon receipt of the notification described in subsection (1), the police agency immediately shall do all of the following:
(a) Determine if the vehicle has been reported stolen.
(b) Enter the vehicle into the law enforcement information network.
(3) The owner of the vehicle removed as described in subsection (1) may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police agency of the disposition of the vehicle.
(4) If the vehicle described in subsection (1) is not claimed by the owner within seven days after the police agency has been notified by the custodian that it has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in section 2.5a(4)(c) through (9) shall apply.
Section 2.5d is amended to read:
Section 2.5d. Vehicle removed by police.
(1) A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:
(a) If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
(b) If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.
(c) If a vehicle is parked in a posted tow away zone.
(d) If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.
(e) If the vehicle must be seized to preserve evidence of a crime, or when there is reasonable cause to believe that the vehicle was used in the commission of a crime.
(f) If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or manmade disaster, or other emergency.
(g) If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner which impedes the movement of another vehicle.
(h) If the vehicle is stopped, standing, or parked in a space designated for handicapper parking and is not permitted by law to be stopped, standing, or parked in a space designated for handicapper parking.
(2) A police agency which authorizes the removal of a vehicle under subsection (1) shall do all of the following:
(a) Check to determine if the vehicle has been reported stolen.
(b) Within 24 hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subdivision does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.
(c) If the vehicle has not been redeemed within 10 days after moving the vehicle, send to the registered owner and the secured party as shown by the records of the secretary of state, by first-class mail or personal service, a notice that the vehicle has been removed; however, if the police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within 24 hours after the removal, and if the vehicle has not been redeemed within 30 days and upon complaint from the towing service, the police agency shall send the notice within 30 days after the removal. The notice shall be by a form furnished by the secretary of state. The notice form shall contain the following information:
(i) The year, make, and vehicle identification number of the vehicle.
(ii) The location from which the vehicle was taken into custody.
(iii) The date on which the vehicle was taken into custody.
(iv) The name and address of the police agency which had the vehicle taken into custody.
(v) The location where the vehicle is being held.
(vi) The procedure to redeem the vehicle.
(vii) The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the towing and daily storage fees.
(viii) A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.
(ix) A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.
(3) The registered owner may contest the fact that the vehicle was properly removed or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount equal to the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly removed, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.
(4) If the owner does not request a hearing, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
(5) If the owner does not redeem the vehicle or request a hearing within 20 days, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle prior to the date of the sale.
(6) Not less than 20 days after the disposition of the hearing described in subsection (3), or if a hearing is not requested, not less than 20 days after the date of the notice described in subsection (2)(c), the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed. The public sale shall be held pursuant to section 2.5g.
(7) If the ownership of a vehicle which has been removed under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to section 2.5g, not less than 30 days after public notice of the sale has been published.
Section 2.5e is amended to read:
Section 2.5e. Abandoned vehicle, jurisdiction of court.
(1) The following courts shall have jurisdiction to determine if a police agency has acted properly in processing a vehicle under section 2.5a, 2.5b(6) through (10), 2.5c, or 2.5d:
(a) The district court.
(b) A municipal court.
(c) The common pleas court of the city of Detroit.
(2) The court specified in the notice prescribed in section 2.5a(4)(c), 2.5b(6), 2.5c(4), or 2.5d(2)(c) shall be the court which has territorial jurisdiction at the location from where the vehicle was removed or deemed abandoned. Venue in the district court shall be governed by section 8312 of Act No. 236 of the Public Acts of 1961, as amended, being section 600.8312 of the Michigan Compiled Laws.
(3) If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle under section 2.5a, 2.5b, 2.5c, or 2.5d shall be used to pay the towing and storage fees.
Section 2.5f is amended to read:
Section 2.5f. Abandoned vehicle, duties of court.
(1) Upon receipt of a petition prescribed in section 2.5a, 2.5b, 2.5c, or 2.5d, signed by the owner of the vehicle which has been taken into custody, the court shall do both of the following:
(a) Schedule a hearing within 30 days for the purpose of determining whether the police agency acted properly.
(b) Notify the owner and the police agency of the time and place of the hearing.
(2) At the hearing specified in subsection (1) the police agency shall have the burden of showing by a preponderance of the evidence that it has complied with the requirements of this act in processing the abandoned vehicle or vehicle removed pursuant to section 2.5d.
(3) After the hearing the court shall make a decision which shall include one or more of the following:
(a) A finding that the police agency complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under section 2.5d, and an order providing a period of 20 days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within 20 days, the police agency shall dispose of the vehicle pursuant to section 2.5b or 2.5g.
(b) A finding that the police agency did not comply with the procedures established for the processing of an abandoned vehicle or a vehicle removed pursuant to section 2.5d. After making such a finding, the court shall issue an order directing that the vehicle immediately be released to the owner, and that the police agency is responsible for the accrued towing and storage charges.
(c) A finding that the towing and daily storage fees were reasonable.
(d) A finding that the towing and daily storage fees were unreasonable and issue an order directing an appropriate reduction.
Section 2.5g is amended to read:
Section 2.5g. Abandoned vehicle, public sale.
(1) A public sale for a vehicle which has been deemed abandoned under section 2.5a or 2.5c or removed under section 2.5d shall be conducted in the following manner:
(a) It shall be under the control of the police agency or agent of the police agency.
(b) It shall be open to the public and consist of open auction bidding or bidding by sealed bids. If sealed bids are received, the person submitting the bid shall receive a receipt for the bid from the police agency or agent of the police agency.
(c) Except as provided by sections 2.5a(9) and 2.5d(7), it shall be held not less than five days after public notice of the sale has been published.
(d) The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was abandoned. The public notice shall give a description of the vehicle for sale and shall state the time, date, and location of the sale.
(2) The money received from the public sale of the vehicle shall be applied in the following order of priority:
(a) Towing and storage charges.
(b) Expenses incurred by the police agency.
(c) To the secured party, if any, in the amount of the debt outstanding on the vehicle.
(d) Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.
(3) If there are no bidders on the vehicle, the police agency may do one of the following:
(a) Turn the vehicle over to the towing firm to satisfy charges against the vehicle.
(b) Obtain title to the vehicle for the police agency or the unit of government the police agency represents, by doing the following:
(i) Paying the towing and storage charges.
(ii) Applying for title to the vehicle.
(c) Hold another public sale pursuant to subsection (1).
(4) A person who acquires ownership of a vehicle under subsection (1) or (3), which vehicle has been designated as a distressed vehicle, shall make application for a salvage certificate of title within 15 days after obtaining the vehicle.
(5) Upon disposition of the vehicle, the police agency shall cancel the entry into the law enforcement information network.
Section 5.15 is amended to read:
Section 5.15. Persons operating motor vehicles under the influence of alcoholic liquor or controlled substance; operating with unlawful blood alcohol content; owner permitting another person to drive while under the influence or with unlawful blood alcohol content; operating while visibly impaired; zero tolerance law; attempts; punishments; prior convictions; payments of costs; plea bargains; special verdicts.
(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Charter Township of Milford if either of the following applies:
(a) The person is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance.
(b) The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within the Charter Township of Milford by a person who is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or who has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the Charter Township of Milford when, due to the consumption of an intoxicating liquor, a controlled substance, or a combination of an intoxicating liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Charter Township of Milford if the person has any bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:
(a) An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(5) A person, whether licensed or not, who operates a vehicle in violation of subsection (1), (3), or (4) while another person who is less than 16 years of age is occupying the vehicle is guilty of a misdemeanor punishable by one or more of the following:
(a) Community service for not more than 60 days.
(b) A fine of not more than $500.00.
(c) Imprisonment for not more than 93 days.
In the judgment of sentence under this section, the court may, unless the vehicle is ordered forfeited under Section 5.15n and MCL 257.625n order vehicle immobilization as provided in MCL 257.904d.
(6) If a person is convicted of violating subsection (1), the person is guilty of a misdemeanor punishable by one or more of the following:
(a) Community service for not more than 45 days.
(b) Imprisonment for not more than 93 days.
(c) A fine of not less than $100.00 or more than $500.00.
(7) A person who is convicted of violating subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00, or both.
(8) If a person is convicted of violating subsection (3), the person is guilty of a misdemeanor punishable by one or more of the following:
(a) Community service for not more than 45 days.
(b) Imprisonment for not more than 93 days.
(c) A fine of not more than $300.00.
(9) If a person is convicted of violating subsection (4), all of the following shall apply:
(a) Except as otherwise provided in subsection (b), the person is guilty of a misdemeanor punishable by one or both of the following:
(i) Community service for not more than 45 days.
(ii) A fine of not more than $250.00.
(b) If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or both of the following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment of not more than 93 days.
(c) As used in this subsection, "prior conviction" means a conviction for a violation or attempted violation of MCL 257.625 (1), (3), (4), (5), (6), or (7), or former MCL 257.625(1) or (2), or former MCL 257.625b, or a local ordinance substantially corresponding to MCL 257.625(1), (3), or (6), or former MCL 257.625(1) or (2), or former MCL 257.625b, or a law of another state substantially corresponding to MCL 257.625(1), (3), (4), (5), (6), or (7), or former MCL 257.625(1) or (2) or former MCL 257.625b.
(10) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution, under the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 760.1 to 776.22 of the Michigan Compiled Laws.
(11) The court shall impose licensing sanctions pursuant to Section 5.15b.
(12) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the Charter Township of Milford for the cost of supervision incurred by the Township as a result of the person's activities in that service.
(13) If a person is charged with a violation of subsection (1), (3), or (5), or Section 5.15m, the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (4) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the motion of the prosecuting attorney.
(14) A prior conviction shall be established at sentencing by one or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant's driving record.
(c) An admission by the defendant.
(15) A person who is convicted of an attempted violation of subsection (1), (3), (4), or (5) shall be punished as if the offense had been completed.
(16) When assessing points and taking licensing action under this ordinance, the secretary of state and the court shall treat a conviction of an attempted violation of subsection (1), (3), (4), or (5) the same as if the offense had been completed.
(17) Except as otherwise provided in subsection (19), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of subsection (1) the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(18) Except as otherwise provided in subsection (19), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and controlled substance in violation of subsection (3) the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.
(19) A special verdict described in subsections (17) and (18) is not required if a jury is instructed to make a finding solely as to either of the following:
(a) Whether the defendant was under the influence of a controlled substance or of a combination of intoxicating liquor and a controlled substance at the time of the violation.
(b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(20) If a jury or court makes a finding under subsection (17), (18) or (19) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance, or combination of a controlled substance and an intoxicating liquor, the court shall do both of the following:
(a) Report the finding to the secretary of state.
(b) Forward to the department of state police, on a form or forms prescribed by the state court administrator, a record that specifies the penalties imposed by the court, including any term of imprisonment and any licensing action imposed under Section 5.15b and any sanction imposed under 5.15n or MCL 257.625n.
(21) Except as otherwise provided by law, a record described in subsection (20)(b) is a public record, and the department of state police shall retain the information contained on that record for a period of not less than seven years.
(22) In a prosecution for a violation of subsection (4), the defendant shall bear the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
Section 5.15a is amended to read:
Section 5.15a. Driving under the influence of intoxicating liquor or controlled substance; warrantless arrests; preliminary chemical breath analysis, administration; evidence, presumptions.
(1) A peace officer may arrest a person without a warrant under either of the following circumstances:
(a) The peace officer has reasonable cause to believe the person was, at the time of an accident in the Charter Township of Milford, the operator of a vehicle involved in the accident and was operating the vehicle in violation of Section 5.15.
(b) The person is found in the driver's seat of a vehicle parked or stopped on a highway or street within the Charter Township of Milford if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of Section 5.15.
(2) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Charter Township of Milford and that the person by the consumption of intoxicating liquor may have affected his or her ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the Charter Township of Milford while the person's blood, breath, or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating liquor, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Charter Township of Milford while the person had any bodily alcohol content as that term is defined in Section 5.15(4), may require the person to submit to a preliminary chemical breath analysis. The following provisions apply with respect to a preliminary chemical breath analysis administered pursuant to this subsection:
(a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(b) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in 5.15 or in an administrative hearing for one or more of the following purposes:
(i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(ii) As evidence of the defendant's breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant's breath alcohol content was higher at the time of the charged offense than when a chemical test was administered pursuant to subsection (6).
(iii) As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony or other evidence, including but not limited to testimony elicited on cross-examination of a prosecution witness, that is offered or elicited to prove that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered pursuant to subsection (6).
(c) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of 5.15c., d., e., and f. for purposes of chemical tests described in those sections.
(d) Except as provided in subsection (5), a person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction.
(3) A peace officer shall use the results of a preliminary chemical breath analysis conducted pursuant to this section to determine whether to order a person out-of-service under MCL 257.319d. A peace officer shall order out-of-service as required under section MCL 257.319d a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under section MCL 257.319d.
(4) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this section shall be advised that refusing a peace officer's request to take a test described in this section is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service order.
(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer's lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(6) The following provisions apply with respect to chemical tests and analysis of a person's blood, urine, or breath, other than preliminary chemical breath analysis:
(a) The amount of alcohol or presence of a controlled substance or both in a driver's blood or urine or the amount of alcohol in a person's breath at the time alleged as shown by chemical analysis of the person's blood, urine, or breath is admissible into evidence in any civil or criminal proceeding.
(b) A person arrested for a crime described in 5.15c(1) shall be advised of all of the following:
(i) If he or she takes a chemical test of his or her blood, urine, or breath administered at the request of a peace officer, he or she has the right to demand that a person of his or her own choosing administer one of the chemical tests.
(ii) The results of the test are admissible in a judicial proceeding as provided under this ordinance and will be considered with other admissible evidence in determining the defendant's innocence or guilt.
(iii) He or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.
(iv) If he or she refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court order, but the peace officer may seek to obtain such a court order.
(v) Refusing a peace officer's request to take a test described in subparagraph (i) will result in the suspension of his or her operator's or chauffeur's license and vehicle group designation or operating privilege and in the addition of six (6) points to his or her driver record.
(c) A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under Section 16215 of the Public Health Code, Act No. 368 of the Public Acts of 1978, being Section 333.16215 of the Michigan Compiled Laws, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer's request to determine the amount of alcohol or presence of a controlled substance or both in the person's blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this ordinance unless the withdrawal or analysis is performed in a negligent manner.
(d) A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in 5.15c(1). A person who takes a chemical test administered at a peace officer's request as provided in this section shall be given a reasonable opportunity to have a person of his or her own choosing administer one of the chemical tests described in this subsection within a reasonable time after his or her detention. The test results are admissible and shall be considered with other admissible evidence in determining the defendant's innocence or guilt. If the person charged is administered a chemical test by a person of his or her on choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.
(e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver's blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or both in the person's blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.
(f) If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent's blood shall be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance, or both, in the decedent's blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to the department of state police.
(g) The department of state police shall promulgate uniform rules pursuant to the Administrative Procedures Act of 1969, Act No. 306 of the Public Acts of 1969, being Sections 24.201 to 24.328 of the Michigan Compiled Laws, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis may be used for a chemical test described in this subsection if approved under rules promulgated by the department of state police.
(7) The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon the question of whether a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, or whether the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or if the person is less than 21 years of age, whether the person had any bodily alcohol content within his or her body. As used in this section, "any bodily alcohol content" means either of the following:
(a) An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.
(8) If a chemical test described in subsection (6) is administered, the test results shall be made available to the person charged or the person's attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.
(9) Except in a prosecution relating solely to a violation of Section 5.15(1)(b) or (4), the amount of alcohol in the driver's blood, breath, or urine at the time alleged as shown by chemical analysis of the person's blood, breath, or urine gives rise to the following presumptions:
(a) If there were at the time 0.07 grams or less of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor, and that the defendant was not under the influence of intoxicating liquor.
(b) If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a vehicle was impaired within the provisions of 5.15(3) due to the consumption of intoxicating liquor.
(c) If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor.
(10) A person's refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in Section 5.15c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence or guilt. The jury shall be instructed accordingly.
Section 5.15b is amended to read:
Section 5.15b. Misdemeanor violations, arraignment; pretrial conference; time limits, exceptions; adjudication, dismissal; sentencing, screening and assessment.
(1) A person arrested for a misdemeanor violation of 5.15(1), (3), (4), (5) or 5.15m shall be arraigned on the citation, complaint, or warrant not more that 14 days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than 14 days after the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.
(2) The court shall schedule a pretrial conference between the prosecuting attorney, the defendant, and the defendant's attorney in each case in which the defendant is charged with a misdemeanor violation of 5.15(1), (3), (4), (5) or 5.15m. The pretrial conference shall be held not more than 35 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 35 days after the issued or reissued arrest warrant is served, whichever is later. If the court has only one judge who sits in more than one location in that district, the pretrial conference shall be held not more than 42 days after the person's arrest for the violation or, if an arrest warrant issued or reissued, not more than 42 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit. The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference. The court may adjourn the pretrial conference upon the motion of a party for good cause shown. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days.
(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, the court shall finally adjudicate, by a plea of guilty or nolo contendere, entry of a verdict, or other final disposition, a case in which the defendant is charged with a misdemeanor violation of 5.15(1), (3), (4), (5) or 5.15m, within 77 days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more than 77 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit.
(4) Before accepting a plea of guilty or nolo contendere under Section 5.15, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation, and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the secretary of state pursuant to MCL 257.204a.
(5) Before imposing sentence, for a violation of 5.15(1), (3), (4), (5) or 5.15m, the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. Except as otherwise provided in this subsection, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs as part of the sentence. If the person has one or more prior convictions, the court shall order the person to participate in and successfully complete one or more appropriate rehabilitative programs as part of the sentence. The person shall pay for the costs of the screening, assessment, and rehabilitative services.
(6) If the judgment and sentence are appealed to circuit court, the court may ex parte order the secretary of state to stay the suspension, revocation, or restricted license issued by the secretary of state pending the outcome of the appeal.
Section 5.15c is amended to read:
Section 5.15c. Consent to chemical tests; exceptions; administration of tests.
(1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Charter Township of Milford is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine or the amount of alcohol in his or her breath, if the person is arrested for a violation of 5.15(1), (3), (4), (5) or 5.15m.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in section 5.15a(6).
Section 5.15d is amended to read:
Section 5.15d. Refusal to submit to chemical tests; report.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 5.15a(6) a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) A written report shall immediately be forwarded to the secretary of state by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in section 5.15c(1) and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the secretary of state.
Section 5.15e is amended to read:
Section 5.15e. Refusal to submit to chemical tests; written notice by officer, form; request for hearing.
(1) If a person refuses to submit to a chemical test pursuant to 5.15d, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in 5.15f. The form of the notice shall be prescribed and furnished by the secretary of state.
(2) The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.
Section 5.15f is amended to read:
Section 5.15f. Refusal to submit to chemical tests; sanctions when hearing not requested; hearing; record; review.
(1) If a person who refuses to submit to a chemical test pursuant to 5.15d does not request a hearing within 14 days after the date of notice pursuant to 5.15e, the secretary of state shall impose the following license sanctions:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege, for six months or, for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six months or, for a second or subsequent refusal within seven years, for one year.
(b) If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person's operator's or chauffeur's license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for one year.
(c) If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from and within ten years of a prior refusal, revoke all vehicle group designations on the person's operator's or chauffeur's license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for not less than ten years and until the person is approved for the issuance of a vehicle group designation.
(d) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c other than a violation of section 5.15a(5) or 5.15m, impose the license sanction described in subdivision (a) and the license sanction described in subdivision (b) or (c), as applicable.
(2) If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in MCL 257.322. Not less than five days' notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under 5.15d, and if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the Charter Township of Milford. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable request for an adjournment. Not more than one adjournment shall be granted to a party and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest for the violation. The hearing officer shall not impose any sanction for a failure to comply with these time limits.
(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence, or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, a hearing shall be finally adjudicated within 77 days after the date of arrest. The hearing officer shall not impose any sanction for a failure to comply with this time limit.
(4) The hearing shall cover only the following issues:
(a) Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in section 5.15c(1).
(b) Whether the person was placed under arrest for a crime described in section 5.15c(1).
(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of his rights under 5.15a(6).
(5) A person shall not order a hearing officer to make a particular finding on any issue enumerated in subsection (4)(a) to (d).
(6) The hearing officer shall make a record of a hearing held pursuant to this section. The record shall be prepared and transcribed in accordance with section 86 of the administrative procedures act of 1969, being section 24.286 of the Michigan Compiled Laws. Upon notification of the filing of a petition for judicial review pursuant to MCL 257.323 and not less than ten days before the matter is set for review, the hearing officer shall transmit to the court in which the petition was filed the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order the issuance of a restricted license. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(7) If the person who requested a hearing does not prevail, the secretary of state shall impose the following license sanctions after the hearing:
(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or a nonresident operating privilege of the person for six months or, for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six months or, for a second or subsequent refusal within seven years, for one year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section MCL 257.323.
(b) If the person was operating a commercial motor vehicle, impose the sanction prescribed under subsection (1)(b) or (1)(c), as applicable. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section MCL 257.323.
(c) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c other than a violation of section 5.15a(5) or 5.15m, impose the license sanctions described in subdivisions (a) and (b).
(8) If the person who requested the hearing prevails, the peace officer who filed the report under 5.15d may, with the consent of the prosecuting attorney of the Charter Township of Milford, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer as provided in MCL 257.323.
(9) When it has been finally determined that a nonresident's privilege to operate a vehicle in the state has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of each state in which he or she has a license to operate a motor vehicle.
Section 5.15g is amended to read:
Section 5.15g. Chemical tests; results; duties of peace officer; confiscation of license; temporary license.
(1) If a person refuses a chemical test offered pursuant to 5.15a(6), or submits to the chemical test or a chemical test is performed pursuant to a court order and the test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the following:
(a) On behalf of the secretary of state, immediately confiscate the person's license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the secretary of state.
(b) Except as provided in subsection (2), immediately do all of the following:
(i) Forward a copy of the written report of the person's refusal to submit to a chemical test required under section 5.15d to the secretary of state.
(ii) Notify the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the person.
(iii) Destroy the person's driver's license or permit.
(2) If a person submits to a chemical test offered pursuant to section 5.15a(6) that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection (1)(a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately comply with subsection (1)(b). If the report does not reveal an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person's license or permit by first-class mail to the address given at the time of the arrest.
(3) A temporary license or permit issued under this section is valid for one of the following time periods:
(a) If the case is not prosecuted, for 90 days after issuance or until the person's license or permit is suspended pursuant to 5.15f, whichever occurs earlier. The prosecuting attorney shall notify the secretary of state if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the secretary of state if a case is not referred to the prosecuting attorney for prosecution.
(b) If the case is prosecuted, until the criminal charges against the person are dismissed, the person is acquitted of those charges, or the person's license or permit is suspended, restricted, or revoked.
(4) As used in this section, "unlawful alcohol content" means any of the following, as applicable:
(a) If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) If the person tested is not a person described in subdivision (a) or (b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Section 5.15m is amended to read:
Section 5.15m. Commercial motor vehicle drivers; operation of vehicle while intoxicated, blood alcohol limits; warrantless arrest; violation, penalty.
(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine shall not operate a commercial motor vehicle within the Charter Township of Milford.
(2) A peace officer may arrest a person without a warrant under either of the following circumstances:
(a) The peace officer has reasonable cause to believe that the person was at the time of an accident, the driver of a commercial motor vehicle involved in the accident and was operating the vehicle in violation of this section.
(b) The person is found in the driver's seat of a commercial motor vehicle parked or stopped on a highway or street within the Charter Township of Milford if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of this section.
(3) If a person is convicted of violating this section, all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by one or more of the following:
(i) Costs of prosecution.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not more than $300.00.
(b) If the violation occurs within seven years of a prior conviction, the person is guilty of a misdemeanor punishable by one or more of the following:
(i) Costs of prosecution.
(ii) Imprisonment for not less than five days or more than 93 days. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(iii) A fine of not more than $500.00.
(c) If the violation occurs within ten years of two or more prior convictions, the person is guilty of a misdemeanor punishable by one or more of the following:
(i) Costs of prosecution.
(ii) Imprisonment for not less than 30 days or more than 93 days. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(iii) A fine of not less than $500.00 or more than $500.00.
(d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
(4) Subject to subsections (5) and (6), as used in this section "prior conviction" means a conviction for a violation or attempted violation of MCL 257.625(1), (3), (4), (5), (6), or (7), MCL 257.625m., former MCL 257.625(1) or (2), or former MCL 257.625b., or a local ordinance substantially corresponding to these laws, or a law of another state substantially corresponding to these laws.
(5) Only one violation or attempted violation of MCL 257.625(6), a local ordinance substantially corresponding thereto, or a law of another state substantially corresponding thereto may be used as a prior conviction.
(6) If two or more convictions described in subsection (4) are convictions for violations arising out of the same transaction, only one conviction shall be used to determine whether the person has a prior conviction.
Section 5.15n is amended to read:
Section 5.15n. Violations of § 5.15; Penalties with regard to the vehicle used in the offense; notice; forfeiture or return, seizure of vehicle; filing claim of interest; sale of seized vehicle, disposal of proceeds, priority; concealment to avoid forfeiture, violation, penalty.
(1) Except as otherwise provided in this section and in addition to any other penalty provided for in this code, the judgment of sentence for a conviction for a violation of section 5.15(1) described in Section 5.15(6)(b) or (c), or a violation of section 5.15(3) described in section 5.15(8)(b) or (c), or a violation of section 5.15(7), may require one of the following with regard to the vehicle used in the offense if the defendant owns the vehicle in whole or in part or leases the vehicle:
(a) Forfeiture of the vehicle if the defendant owns the vehicle in whole or in part.
(b) Return of the vehicle to the lessor if the defendant leases the vehicle.
(2) The vehicle may be seized pursuant to an order of seizure issued by the court having jurisdiction upon a showing of probable cause that the vehicle is subject to forfeiture or return to the lessor.
(3) The forfeiture of a vehicle is subject to the interest of the holder of a security interest who did not have prior knowledge of or consent to the violation.
(4) Within 14 days after the defendant's conviction for a violation described in subsection (1), the prosecuting attorney may file a petition with the court for the forfeiture of the vehicle or to have the court order return of a leased vehicle to the lessor. The prosecuting attorney shall give notice by first-class mail or other process to the defendant and his or her attorney, to all owners of the vehicle and any person holding a security interest in the vehicle that the court may require forfeiture or return of the vehicle.
(5) If a vehicle is seized before disposition of the criminal proceedings, a defendant who is an owner or lessee of the vehicle may move the court having jurisdiction over the proceedings to require the seizing agency to file a lien against the vehicle and to return the vehicle to the owner or lessee pending disposition of the criminal proceedings. The court shall hear the motion within seven days after the motion is filed. If the defendant establishes at the hearing that he or she holds the legal title to the vehicle or that he or she has a leasehold interest and that it is necessary for him or her or a member of his or her family to use the vehicle pending the outcome of the forfeiture action, the court may order the seizing agency to return the vehicle to the owner or lessee. If the court orders the return of the vehicle to the owner or lessee, the court shall order the defendant to post a bond in an amount equal to the retail value of the vehicle, and shall also order the seizing agency to file a lien against the vehicle.
(6) Within 14 days after notice by the prosecuting attorney is given under subsection (4), the defendant, an owner, lessee, or holder of a security interest may file a claim of interest in the vehicle with the court. Within 21 days after the expiration of the period for filing claims, but before or at sentencing, the court shall hold a hearing to determine the legitimacy of any claim, the extent of any co-owner's equity interest, the liability of the defendant to any co-lessee, and whether to order the vehicle forfeited or returned to the lessor. In considering whether to order forfeiture, the court shall review the defendant's driving record to determine whether the defendant has multiple convictions under MCL 257.625, or a local ordinance substantially corresponding to MCL 257.625, or multiple suspensions, restrictions, or denials under MCL 257.904 or a local ordinance substantially corresponding to MCL 257.904, or both. If the defendant has multiple convictions or multiple suspensions, restrictions, or denials, that factor shall weigh heavily in favor of forfeiture.
(7) If a vehicle is forfeited under this section, the unit of government that seized the vehicle shall sell the vehicle and dispose of the proceeds in the following order of priority:
(a) Pay any outstanding security interest of a secured party who did not have prior knowledge of or consent to the commission of the violation.
(b) Pay the equity interest of a co-owner who did not have prior knowledge of or consent to the commission of the violation.
(c) Satisfy any order of restitution entered in the prosecution for the violation.
(d) Pay the claim of each person who shows that he or she is a victim of the violation to the extent that the claim is not covered by an order of restitution.
(e) Pay any outstanding lien against the property that has been imposed by a governmental unit.
(f) Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising, and court costs.
(g) The balance remaining after the payment of items (a) through (f) shall be distributed by the court having jurisdiction over the forfeiture proceedings to the unit or units of government substantially involved in effecting the forfeiture. Seventy-five percent of the money received by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws and 25 percent of the money shall be used to implement the crime victim's rights act, Act No. 87 of the Public Acts of 1985, MCL 780.751 to 780.834. A unit of government receiving money under this subdivision shall report annually to the department of management and budget the amount of money received under this subdivision that was used to enhance enforcement of the criminal laws and the amount that was used to implement the crime victim's rights act, Act No. 87 of the Public Acts of 1985, MCL 780.751 to 780.834.
(8) The court may order the defendant to pay to a co-lessee any liability determined under subsection (6). The order may be enforced in the same manner as a civil judgment.
(9) The return of a vehicle to the lessor under this section does not affect or impair the lessor's rights or the defendant's obligations under the lease.
(10) A person who knowingly conceals, sells, gives away, or otherwise transfers or disposes of a vehicle with the intent to avoid forfeiture or return of the vehicle to the lessor under this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(11) The failure of the court or prosecutor to comply with any time limit specified in this section does not preclude the court from ordering forfeiture of a vehicle or its return to a lessor, unless the court finds that the owner or claimant suffered substantial prejudice as a result of that failure.
(12) The forfeiture provisions of this section do not preclude the prosecuting attorney from pursuing a forfeiture proceeding under any other state law or a local ordinance substantially corresponding to state law.
The Uniform Traffic Code is amended by the addition of Section 5.62a, which shall read in its entirety as follows:
Section 5.62a. Operation of a motor vehicle by person whose license is suspended, revoked, denied or who has never applied for a license; penalties, operation of commercial vehicles, vehicle immobilization required; inability to show issuance of valid license within preceding three years; penalty for operation of vehicle; impounding of motor vehicle; time; impoundment order, execution, content; expenses, removal, storage, disposal upon abandonment; detention of driver; vehicle immobilization; temporary vehicle registration plate; vehicle immobilization, violations of section 5.15; suspension, revocation, or denial of license, prior suspensions; vehicle immobilization, available technology to prevent operation of vehicle; sale or lease of immobilized vehicle, removal or tampering with immobilization devices; penalties, preemption.
(1) A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked and who has been notified as provided in MCL 257.212 of that suspension or revocation, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within the Charter Township of Milford.
(2) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the Charter Township of Milford by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under this code.
(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a misdemeanor punishable as follows:
(a) For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer.
(b) For a violation that occurs within seven years of a prior conviction of MCL 257.904, or a local ordinance or law of another state substantially corresponding to MCL 257.904, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Unless the vehicle was stolen, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer. The court may also order impoundment or vehicle immobilization.
(4) A prior conviction, a suspension, or a revocation under this section shall be established at or before sentencing by one or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant's driving record.
(c) An admission by the defendant.
(5) Before a person is arraigned before a district court magistrate or judge on a charge of violating this section, the arresting officer shall obtain the person's driving record from the secretary of state and shall furnish the record to the court. The driving record of the person may be obtained from the secretary of state's computer information network.
(6) This section does not apply to a person who operates a vehicle solely for the purpose of protecting human life or property if the life or property is endangered and summoning prompt aid is essential.
(7) A person whose vehicle group designation is suspended or revoked and who has been notified as provided in MCL 257.212 of that suspension or revocation, or whose application for a vehicle group designation has been denied, or who has never applied for a vehicle group designation and who operates a commercial motor vehicle within the Charter Township of Milford, except as permitted under this code, while any of those conditions exist is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not less than three days or more than 93 days or a fine of not more than $100.00, or both.
(8) For purposes of this section, a person who never applied for a license includes a person who applied for a license, was denied, and never applied again.
(9) Any person, not exempt from license under this code or state law, who shall operate a motor vehicle within the Charter Township of Milford and who is unable to show that he or she has been issued a license to operate a motor vehicle by any state or foreign country valid within three years preceding is guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for not more than 93 days, or by a fine of not less than $50.00 nor more than $100.00, or both. Any person convicted of a second offense under this section shall be punished by imprisonment for not less than two nor more than 90 days, or by a fine of $100.00, or both.
(10) When a person is convicted of an offense punishable under section 5.62a(3)(b) for operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the court shall order the motor vehicle, if it is owned in whole or in part or leased by that person, impounded for not less than a period the court orders but not more than 120 days from the date of judgment.
(11) An order for the impounding of a motor vehicle issued pursuant to this section is valid throughout the state. Any peace officer may execute the imprisonment order. The order shall include the implied consent of the owner of the vehicle to the storage for insurance coverage purposes.
(12) The owner of a motor vehicle impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vehicle whether or not the vehicle is returned to him or her. The vehicle shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vehicle is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vehicle, the vehicle shall be considered an abandoned vehicle and disposed of as provided in MCL 257.252a.
(13) This section does not affect the rights of a conditional vendor, chattel mortgagee, or lessor of a motor vehicle registered in the name of another person as owner who becomes subject to this code.
(14) When a peace officer detains the driver of a motor vehicle for a violation of a law of this state or local ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:
(a) Immediately confiscate the vehicle's registration plate and destroy it.
(b) Issue a temporary vehicle registration plate for the vehicle in the same form prescribed by the secretary of state for temporary registration plates issued under section MCL 257.226a or MCL 257.226b.
(c) Place the temporary vehicle registration plate on the vehicle in the manner required by the secretary of state.
(d) Notify the secretary of state through the law enforcement information network in a form prescribed by the secretary of state that the registration plate was confiscated and destroyed, and a temporary plate was issued.
(15) A temporary vehicle registration plate issued under this section is valid until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those charges, or the person is found guilty of or is acquitted of those charges.
(16) For a violation of section 5.15, the following apply:
(a) For a violation of section 5.15(1), (3), or (5), the court may order vehicle immobilization for not more than 180 days.
(b) For a violation punishable under section 5.15(6)(b) or 5.15(8)(b) in any combination arising out of separate incidents, the court shall order vehicle immobilization for not less than 24 days or more than 180 days.
(c) For a violation of section 5.15(5) occurring within seven years of a prior conviction the court shall order vehicle immobilization for not less than 24 days or more than 180 days.
(d) For a violation punishable under section 5.15(6)(c) or 5.15(8)(c) in any combination arising out of separate incidents, the court shall order vehicle immobilization for not less than six months or more than three years.
(e) For a violation of section 5.15(5) occurring within ten years of two or more prior convictions, the court shall order vehicle immobilization for not less than six months or more than three years.
(17) For a suspension, revocation, or denial under section 5.62, the following apply:
(a) For one prior suspension, revocation, or denial under MCL 257.904, or local ordinance or law of another state substantially corresponding to MCL 257.904 within the past seven years, the court may order vehicle immobilization for not more than 180 days.
(b) For any combination of two or three prior suspensions, revocations, or denials under MCL 257.904, or local ordinance or law of another state substantially corresponding to MCL 257.904 within the past seven years, the court shall order vehicle immobilization for not less than 90 days or more than 180 days.
(c) For any combination of four or more prior suspensions, revocations, or denials under MCL 257.904, or local ordinance or law of another state substantially corresponding to MCL 257.904 within the past seven years, the court shall order vehicle immobilization for not less than one year or more than three years.
(18) The defendant shall provide to the court the vehicle identification number and registration plate number of the vehicle involved in the violation.
(19) The court shall not order vehicle immobilization under this section if the defendant is not the owner or lessee of the vehicle operated during the violation unless the owner or lessee knowingly permitted the vehicle to be operated in violation of section 5.15(2) or section 5.62a(2) regardless of whether a conviction resulted.
(20) An order required to be issued under this section shall not be suspended.
(21) If a defendant is ordered imprisoned for the violation for which immobilization is ordered, the period of immobilization shall begin at the end of the period of imprisonment.
(22) The vehicle immobilization provisions do not apply to any of the following:
(a) A suspension, revocation, or denial based on a violation of the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, MCL 552.601 to 552.650.
(b) For a suspension, revocation, or denial under MCL 257.904, or section 5.62a for an individual who has no currently effective suspension or denial under MCL 257.321a or who has one currently effective suspension or denial under MCL 257.321a but has never violated a condition of that suspension or denial, and who has no other suspensions or revocations or denials under this code or state law.
(c) A vehicle that is registered in another state or that is a rental vehicle.
(d) Any of the violations specified in MCL 257.904d(7)(d).
(23) As used in this section, "vehicle immobilization" means requiring the motor vehicle involved in the violation immobilized in a manner provided in this section.
(24) A court shall order a vehicle immobilized under this section by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle. If a vehicle is immobilized under this section, the court may order the vehicle stored at a location and in a manner considered appropriate by the court. The court may order the person convicted of violating section 5.15 or a suspension, revocation, or denial under this section to pay the cost of immobilizing and storing the vehicle.
(25) A vehicle subject to immobilization under this section may be sold during the period of immobilization, but shall not be sold to a person who is exempt from paying a use tax under section 3(3)(a) of the use tax act, Act No. 94 of the Public Acts of 1937, MCL 205.93, without a court order.
(26) A defendant who is prohibited from operating a motor vehicle by vehicle immobilization shall not purchase, lease, or otherwise obtain a motor vehicle during the immobilization period.
(27) A person shall not remove, tamper with, or bypass or attempt to remove, tamper with, or bypass a device that he or she knows or has reason to know has been installed on a vehicle by a court order for vehicle immobilization or operate or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized.
(28) A person who violates subsection (25), (26), or (27) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(29) To the extent that a local ordinance of the Charter Township of Milford regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the local ordinance is preempted.
(30) If a peace officer stops a vehicle that is being operated in violation of an immobilization order, the vehicle shall be impounded pending an order of a court of competent jurisdiction.
(31) The court shall require the defendant or a person who provides immobilization services to the court under this section to certify that a vehicle ordered immobilized by the court is immobilized as required.
Section 5.82 is amended to read:
Section 5.82. Mandatory child restraints.
(1) Except as provided in this section, or as otherwise provided by law, a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 through 24.315 of the Michigan Compiled Laws, or federal regulation, each driver transporting a child in a motor vehicle shall properly secure each child in a child restraint system as follows:
(a) Any child less than one year of age in a child restraint system which meets the standards prescribed in 49 CFR 571.213, except as provided in subsection (6).
(b) Any child one year of age or more but less than four years of age, when transported in the front seat, in a child restraint system which meets the standards prescribed in 49 CFR 571.213, except as provided in subsection (6).
(c) Any child one year of age or more but less than four years of age, when transported in the rear seat, in a child restraint system which meets the standards prescribed in 49 CFR 571.213, unless the child is secured by a safety belt provided in the motor vehicle, except as provided in subsection (6).
(2) This section does not apply to any child being nursed.
(3) This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts under federal law or regulations.
(4) A person who violates this section is responsible for a civil infraction.
(5) Points shall not be assessed for a violation of this section.
(6) The secretary of state may exempt by rules promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, a class of children from the requirements of this section, if the secretary of state determines that the use of the child restraint system required under subsection (1) is impractical because of physical unfitness, a medical problem, or body size. The secretary of state may specify alternate means of protection for children exempted under this subsection.
Section 5.83 is amended to read:
Section 5.83. Safety belt required; enforcement.
(1) This section shall not apply to a driver or passenger of:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
(e) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.
(f) A motor vehicle which is not required to be equipped with safety belts under federal law.
(g) A commercial or United States postal service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services.
(h) A motor vehicle operated by a rural carrier of the United States postal service while serving his or her rural postal route.
(2) This section shall not apply to a passenger of a school bus.
(3) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened safety belt, except that a child less than four years of age shall be protected as required in section 5.82.
(4) Each driver of a motor vehicle transporting a child four years of age or more but less than 16 years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt.
(5) Enforcement of this section by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of this act.
(6) Failure to wear a safety belt in violation of this section may be considered evidence of negligence and may reduce the recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. However, such negligence shall not reduce the recovery for damages by more than five percent.
(7) A person who violates this section is responsible for a civil infraction.
(8) Points shall not be assessed for a violation of this section.
(9) This section does not apply if the motor vehicle is transporting more children than there are safety belts available for use and if all safety belts available in the motor vehicle are being utilized in compliance with this section.
Section 5.97 is amended to read:
Section 5.97. School Buses; overtaking, meeting, or passing.
(1) The driver of a vehicle overtaking or meeting a school bus which has stopped and is displaying two alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. At an intersection where traffic is controlled by an officer or a traffic stop-and-go signal a vehicle need not be brought to a full stop before passing a stopped school bus, but may proceed past the school bus at a speed not greater than is reasonable and proper but not greater than ten miles an hour and with due caution for the safety of passengers being received or discharged from the school bus. The driver of a vehicle who fails to stop for a school bus as required by this subsection, who passes a school bus in violation of this subsection, or who fails to stop for a school bus in violation of an ordinance that complies with this subsection, is responsible for a civil infraction.
(2) The driver of a vehicle upon a highway which has been divided into two roadways by leaving an intervening space, or by a physical barrier, or clearly indicated dividing sections so constructed as to impede vehicular traffic, need not stop upon meeting a school bus which has stopped across the dividing space, barrier, or section.
(3) In a proceeding for a violation of subsection (1), proof that the particular vehicle described in the citation was in violation of subsection (1), together with proof that the defendant named in the citation 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.
(4) In addition to a civil fine and costs, the judge, district court referee, or district court magistrate may order a person who violates this section to perform not to exceed 100 hours of community service at a school.
(Ord. No. 128-A2, § 1, 3-18-98; Ord. No. 128-A3, § 1, 3-18-98; Ord. No. 128-A4, § 1, 3-18-98; Ord. No. 128-A5, § 1, 3-18-98; Ord. No. 128-A6, § 1, 3-18-98; Ord. No. 128-A7, § 1, 3-18-98; Ord. No. 128-A8, § 1, 3-18-98; Ord. No. 128-A9, § 1, 3-18-98; Ord. No. 128-A10, § 1, 3-18-98; Ord. No. 140A1, § 1, 10-20-99)
Secs. 17-28--17-50. Reserved.
ARTICLE III. MOTOR CARRIER SAFETY
Sec. 17-51. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Axle shall mean the common axis of rotation of one or more wheels whether power driven or freely rotating, and whether in one or more segments and regardless of the number of wheels carried thereon.
Commercial vehicle shall include all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
Driver shall mean every person who drives or is in actual physical control of a vehicle.
Elected gross weight shall mean the empty weight of a vehicle or combination of vehicles, fully equipped for service, plus the weight of the maximum load which the owner has elected to carry on such vehicle or combination of vehicles.
Empty weight shall mean the shipping weight of a vehicle as furnished by the manufacturer or in lieu thereof, the scale weight taken from a weight receipt furnished by the weighmaster operating scales approved and sealed by the state department of agriculture. For commercial vehicles empty weight shall also mean fully equipped for the use for which the vehicle is intended.
Gross weight shall mean the weight of the vehicle without load plus the weight of the load thereon.
Hazardous material shall mean explosives, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, poisonous gas, poisonous liquid, irritating material, etiologic material, radioactive material, corrosive material or liquefied petroleum gas.
Highway or street shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Implement of husbandry shall mean a vehicle which is either a farm tractor, a vehicle designed to be drawn by a farm tractor or an animal, a vehicle which directly harvests farm products, or a vehicle which directly applies fertilizer, spray or seeds to a farm field.
Maximum axle load shall mean the gross weight over the axle which includes vehicle and load.
Motor vehicle shall mean a wheeled vehicle powered by a gas or diesel fueled engine for the purpose of transporting persons or property on public highways or streets.
Operator, operating shall mean being in actual physical control of a vehicle regardless of whether or not the person is licensed under this act as an operator or a chauffeur.
Operator shall mean every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.
Owner shall mean:
(1) Any person renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
(2) A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner.
Owner-operator shall mean an individual who holds the legal title of a commercial vehicle and who leases the commercial vehicle under a lease or arrangement whereby the individual is employed by the lessee to operate the leased vehicle.
Registration shall mean a registration certificate, plate, adhesive tab or other indicator of registration issued under this act for display on a vehicle.
Residence district shall mean the territory contiguous to a highway not comprising a business district when the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.
Resident shall mean every person who resides in a settled or permanent home or domicile with the intention of remaining in this state. A person who obtains employment in this state is presumed to have the intention of remaining in this state. This definition shall apply to the provisions of this act only.
Road tractor shall mean every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of the vehicle or load so drawn.
Roadway shall mean that portion of the highway improved, designed or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways collectively.
Semitrailer shall mean every vehicle with or without motive power, other than a pole-trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
Spacings between axles shall mean the distance from axle center to axle center.
Special mobile equipment shall mean every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, mobile office trailers, mobile tool shed trailers, mobile trailer units used for housing stationary construction equipment, ditch-digging apparatus, well-boring and well-servicing apparatus. The foregoing enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this definition.
Tandem axle shall mean two axles spaced more than three feet, six inches and less than nine feet apart.
Tandem axle assembly shall mean two axles spaced more than three feet, six inches, and less than nine feet apart, one axle in front of the other and so attached to the vehicle wherein an attempt is made by connecting mechanism to distribute the weight equally between the two axles.
Trailer shall mean every vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Truck shall mean every motor vehicle designed, used or maintained primarily for the transportation of property.
Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(Ord. No. 148, § 2, 4-19-89)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 17-52. Penalties.
(a) A person found to have committed a civil infraction under this article shall be ordered to pay a civil fine of not more than $100.00 and costs.
(b) A person convicted of a violation of any provision of this article not constituting a civil infraction shall be punished as provided in section 1-10.
(Ord. No. 148, § 16, 4-19-89)
Sec. 17-53. Signs; posting of regulations; state truck line highways.
(a) No weight and load limitation imposed by this article shall be enforceable until signs giving notice of such regulations are posted upon the entrance to the highway or part thereof affected as may be most appropriate and sufficiently legible as to be seen by an ordinarily observant person.
(b) It shall be prima facie unlawful to move a vehicle upon a highway, street or roadway in the township with a maximum axle load exceeding the restrictions posted by signs erected pursuant to this article.
(c) Nothing in this article shall be constructed to impose a regulation on any state trunk line highway which differs from the provisions of Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq., MSA 9.1801 et seq.), as amended.
(Ord. No. 148, § 15, 4-19-89)
Sec. 17-54. General prohibitions.
Unless specifically declared to be a civil infraction, it is a misdemeanor for a person to drive or move, or for the owner to cause or permit to be driven or moved, on a highway, a vehicle or vehicles of a size or weight exceeding the limitations stated in this article. The provisions of this article governing size, weight, and load shall not apply to fire apparatus, or to an implement of husbandry incidentally moved upon a highway, or to a vehicle operated under the terms of a special permit issued as provided in this article.
(Ord. No. 148, § 3, 4-19-89)
Sec. 17-55. Maximum width of vehicles; exceptions; operation of certain buses.
(a) The total outside width of a vehicle or the load on a vehicle shall not exceed 96 inches, except as otherwise provided in this article.
(b) The total outside width of a farm tractor or farm implement or machinery shall not exceed 186 inches. An agricultural implement wider than 108 inches shall not be moved on the highway between the hours of sunset and sunrise.
(c) The total outside width of the load of a vehicle hauling concrete pipe, agricultural products or unprocessed logs, pulpwood or wood bolts shall not exceed 108 inches.
(d) Whenever pneumatic tires, in substitution for the same type or other type of tires, have been or are placed upon a vehicle in operation on a highway, the maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed 102 inches, but the outside width of the body of the vehicle or the load on the vehicle shall not exceed 96 inches.
(e) The total outside width of a bus shall not exceed 102 inches.
(f) A vehicle or farm tractor, farm implement or machinery shall not extend beyond the centerline of any highway in the city, except when authorized by law. If the width of the farm implement or machinery would make it impossible to stay away from the centerline, a permit shall be obtained under section 17-68.
(g) Notwithstanding any other provision of this section, the chief of police or his authorized agent may designate a highway on which a person may operate a vehicle or vehicle combination, the operation of which would otherwise be prohibited under this section, upon the director's determination that the highway is capable of being utilized for such purpose without injury to the public or to the highway. The outside width of the vehicle or of each vehicle in the vehicle combination shall not exceed 102 inches, including the load on the vehicle. However, the chief of police or his authorized agent may require that the owner or lessee of the vehicle or of each vehicle in the vehicle combination secure a permit before the operation of the vehicle or vehicle combination is allowed. This subsection does not restrict the issuance of a special permit under section 17-68 for the operation of a vehicle or vehicle combination.
(h) A person who violates this section is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of this section.
(Ord. No. 148, § 4.01, 4-19-89)
State law references: Width of vehicle or load, MCL 257.717, MSA 9.2417.
Sec. 17-56. Passenger-type vehicles; projected load.
A passenger-type vehicle shall not be operated on a highway with a load carried on the vehicle extending beyond the line of the fenders on the left side of the vehicle nor extending more than six inches beyond the line of the fenders on the right side of the vehicle. A person who violates this section is responsible for a civil infraction.
(Ord. No. 148, § 4.02, 4-