ARTICLE IV. STOPPING, STANDING AND PARKING

DIVISION 1. GENERALLY

114-56 Stopping, standing or parking prohibited.

(a)    No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device in any of the following places:

(1)    On a sidewalk;

(2)    In front of a public or private driveway;

(3)    Within an intersection of two or more public or private streets;

(4)    Within 15 feet of a fire hydrant, measured from either side of the hydrant;

(5)    On or over a crosswalk;

(6)    Within 20 feet of a crosswalk at an intersection;

(7)    Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;

(8)    Within 50 feet of the nearest rail of a railroad crossing;

(9)    Within 50 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance (when properly sign-posted);

(10)    Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;

(11)    On the roadway side of any vehicle stopped or parked at the edge of curb of a street, or double or triple parking;

(12)    Upon any bridge, bridge approach, or other elevated structure upon a highway or within a highway tunnel;

(13)    At any place where official signs prohibit stopping;

(14)    In a parking space clearly identified by an official sign as being reserved for the use by handicappers which is on public property or private property available for public use, unless the person is a handicapper as described in MCLA 257.19(a), or unless the person is parking the vehicle for the benefit of a handicapper. A certificate of identification issued under MCLA 257.657(e) to a handicapper shall be displayed on the lower left corner of the front windshield, or a special registration plate issued under MCLA 257.803(d) to a handicapper shall be displayed on the vehicle;

(15)    In a clearly identified access aisle or access lane immediately adjacent to a space designated for parking by persons with disabilities;

(16)    On a street or other area open to the parking of other vehicles that results in the vehicle interfering with the use of a curb-cut ramp by persons with disabilities;

(17)    Within 200 feet of an accident where police officers or other emergency or medical personnel are in attendance or such police or emergency vehicles;

(18)    In any place or in any manner so as to block immediate ingress or egress from any emergency exit or exits, marked as such, or buildings;

(19)    On a street or roadway in such a manner as to obstruct the delivery or pick up of mail by a carrier of the U.S. Postal Service;

(20)    In a place or in a manner which blocks the use of an alley;

(21)    In violation of an official sign restricting the period of time for or manner of parking;

(22)    In a space controlled or regulated by a meter on a public highway or in a publicly owned parking area or structure, if the allowable time for parking indicated on the meter has expired.

(b)    No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb to a distance which is unlawful.

(c)    No person shall park a vehicle on that portion of the highway located between the property lot lines and the curb or curbline, except where an indented curb line has been constructed in accordance with specifications of the City Engineer.

(d)    No person shall drive, lead, or back any vehicle on or along any sidewalk in any public street or public place except in such points designated for such purpose by the lowering of the curb.

(e)    No vehicle shall be permitted to park in front of the entrance of any theater, church, office building, public dance hall, club, bar, driveway, public or private, or building so as to interfere with vehicles dropping off or picking up persons.

(f)    No person shall cause or permit any vehicle to park or stand continuously for 48 hours on any City street or thoroughfare, or cause or permit any vehicle to be abandoned thereon. Continuous standing for 48 hours may be deemed prima facie evidence of abandonment.

(g)    In any proceeding for violating the parking provisions of this article or any rule or regulation adopted pursuant to the provisions of this article, the registration of ownership of the plate displayed on such motor vehicle shall constitute in evidence a prima facie presumption that the owner of such motor vehicle was the person who parked or placed such motor vehicle at the point where such violation occurred. In case two or more persons are the registered owners, either may be presumed to be the person who parked or placed such motor vehicle as aforesaid. In case such motor vehicle is or has been rented or leased from a commercial leasing establishment or service, it shall be presumed, as prima facie evidence, that the person whose name appears as lessee on the lease agreement was the person who parked or placed such motor vehicle at the point where such violation occurred. In case two or more persons signed the lease agreement, as lessees, either may be presumed to be the person who parked or placed the motor vehicle as aforesaid.

(h)    It is specified that each period, as determined by the particular location in which the motor vehicle continues to be parked illegally, shall constitute a separate violation. One citation or notice of violation may be issued for each such period of time in which such motor vehicle continues to be illegally parked. If such a vehicle has received more than five parking citations or notices of violation and continues to be in violation of the parking regulations, such a vehicle may be towed, as provided in this article.

(Code 1985, § 26-71; Ord. No. 2322, § 1, 11-1-14)

114-57 All-night parking prohibited.

(a)    No person shall park a vehicle nor allow a vehicle to remain parked on any of the following streets between the hours of 2:00 a.m. and 6:00 a.m. on any day, except physicians on emergency calls and other emergency conditions:

(1)    Saginaw Street, except between Water Street and Lafayette Street;

(2)    Huron Street;

(3)    Auburn Avenue;

(4)    Baldwin Avenue;

(5)    East Boulevard;

(6)    Oakland Avenue;

(7)    South Boulevard;

(8)    Perry Street;

(9)    State Avenue;

(10)    Elizabeth Lake Road;

(11)    Montcalm Street;

(12)    Orchard Lake Avenue; and

(13)    Lafayette Street between Saginaw Street and Perry Street.

(b)    No person shall park a vehicle nor allow a vehicle to remain parked on any of the following streets between the hours of 3:30 a.m. and 6:00 a.m. on any day, except physicians on emergency calls and other emergency conditions:

(1)    Saginaw Street between Water Street and Lafayette Street.

(Code 1985, § 26-73; Ord. No. 2284, § 1, 5-10-13)

114-58 Illegal parking.

No person shall stand or park a vehicle upon any roadway for the principal purpose of:

(1)    Displaying it for sale.

(2)    Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.

(Code 1985, § 26-80)

114-59 Use of vehicle for advertising.

No person shall operate or park on any street without permission of chief of police any vehicle for the primary purposes of advertising.

(Code 1985, § 26-81)

114-60 Parking prohibited during certain hours.

When signs are erected in each block giving notice thereof, no person shall park a vehicle between hours specified on signs of any day except Sundays and public holidays within the district or upon any of the streets designated by the chief of police.

(Code 1985, § 26-75)

114-61 Parking prohibited at all times.

When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets designated by the chief of police.

(Code 1985, § 26-74)

114-62 Parking prohibited in certain places.

(a)    No person shall stop, stand or park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for normal free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals or a police officer.

(b)    No operator shall park in a public alley. A commercial vehicle may load in a public alley, but shall not obstruct other vehicles from passing.

(c)    No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the alley for the free movement of vehicular traffic.

(Code 1985, § 26-72)

114-63 Parking adjacent to school.

When signs are erected indicating no parking upon that side of the street adjacent to any school property, no person shall park a vehicle in any such designated place.

(Code 1985, § 26-70)

114-64 Hazardous or congested places; parking.

When signs are erected upon approach to hazardous or congested places no person shall stop, stand, or park a vehicle in any such designated place.

(Code 1985, § 26-69)

114-65 Parking on public property; removal.

The parking of automobiles on property owned by the city which has been posted against such parking is prohibited. Where notices have been posted, no person shall park a motor vehicle. Enforcement of this section shall be by complaint against the driver or owner of the motor vehicle, signed by any police officer, or by impounding the vehicle. The chief of police is authorized to cause “No Parking” signs to be erected on any city-owned lands where such restrictions are necessary.

(Code 1985, § 26-68)

114-66 Standing for loading only.

(a)    No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger zone during hours when the regulations applicable to such a passenger zone are effective, and then only for a period not to exceed three minutes.

(b)    No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a loading zone during hours when the provisions applicable to loading zones are in effect. Where facilities are available for deliveries from the alley such loading zones shall not be established.

(Code 1985, § 26-77)

114-67 Bus and taxicab stands.

(a)    The driver of a bus or taxicab shall not stand or park upon any street in any business district at any place other than at a bus stop or taxicab stand respectively, except that this section shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers.

(b)    No person shall stop, stand or park a vehicle other than a bus in a bus stop, a jitney in a jitney stand or a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus, jitney or taxicab waiting to enter or about to enter such zone.

(Code 1985, § 26-78)

114-68 Standing or parking close to curb.

(a)    No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic and with the side wheels of the vehicle within 12 inches of the curb, except as provided in the following subsections.

(b)    Upon those streets which have been marked or signed for angle parking, vehicle shall be parked at the angle to the curb indicated by such mark or signs.

(c)    In places where and at hours when stopping for the loading or unloading of merchandise or materials is permitted, vehicles used for the transportation of merchandise or materials may back into the curb to take on or discharge loads when the owner of such vehicle holds a permit granting him to take on or discharge loads when the owner of such vehicle holds a permit granting him such privilege, and such permit is either in the possession of the driver or on the vehicle at the time such vehicle is backed against the curb to take on or discharge a load. No owner or driver shall violate any of the special terms or conditions of any such special permit.

(d)    In all places where a vehicle is parked on the public highway the brake shall be securely set when any such vehicle is parked.

(Code 1985, § 26-79)

114-69 Parking on narrow streets.

When signs prohibiting parking are erected on narrow streets no person shall park a vehicle in any such designated place.

(Code 1985, § 26-66)

114-70 Parking in residential front yard prohibited.

(a)    Off-street parking of any vehicle shall not be permitted within the front yard of a residentially zoned or occupied property, except parking of a motor vehicle within an improved driveway as an accessory use to a residential dwelling occupying the same lot of record. There shall be only one driveway per residential dwelling.

(b)    For purposes of this section, the following definitions apply:

(1)    “Front yard” is that portion of a property between the dwelling and the front lot line as bounded by the side lot lines of the adjoining street; and within 25 feet of any side lot line that abuts a street right-of-way upon which the adjoining property is an interior lot.

(2)    “Driveway” is an improved contiguous area, or a contiguous area of long-standing usage otherwise conforming to the balance of this definition, aligned perpendicular to the related right-of-way, adjoining an improved drive approach, constructed pursuant to sections 102-106—102-115 of this Code, and shall not exceed in width the lesser of 20 feet or the width, measured at the property lot line, of the related driveway approach. However, where necessary to facilitate safe egress or ingress movements along heavily traveled streets and in the interest of public safety and pursuant to section 102-93 of this Code, the city engineer may approve a different configuration.

(c)    In any proceeding for enforcement of this section, the registration plate displayed on the vehicle shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed the vehicle contrary to the provisions of this section.

(d)    This section shall not apply during the hours of an official snow emergency as declared by the city.

(e)    This offense is designated as a municipal civil infraction.

(Ord. No. 2076, § 1, 2-19-98)

114-71 For sale or trade advertising signs prohibited; exceptions; penalty.

(a)    For sale or for lease. No person, corporation, partnership, or other legal business entity shall stand or park a motor vehicle on public or private property in the City of Pontiac for the purpose of advertising same “for sale” or “for trade.”

(1)    An outwardly visible sign containing a phone number in or on a parked motor vehicle constitutes a presumption that the sign was for the purpose of offering the vehicle for sale or trade.

(2)    Proof that the vehicle described in the complaint was parked in violation of this section, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, constitutes a presumption that the registered owner is responsible for the violation.

(b)    Exceptions. the owner of motor vehicle may place a “for sale” or “for trade” sign within the vehicle provided:

(1)    The vehicle is located on the owner’s residential property premises only.

(2)    This section shall not apply to properly licensed auto dealerships and properly licensed used car lots.

(c)    Signs painted or attached to motor vehicles. Signs painted or attached to motor vehicles which are licensed and normally used upon the streets and highways for transportation of persons, goods or equipment are allowed, but no person shall cause or allow any vehicle to travel upon or to be parked on a public street or highway or on private property for the principal purpose of advertising any business and/or product whatsoever by means of a sign or signs painted upon, supported by or attached to the vehicle.

(d)    Penalty. Violation of this section shall be deemed to constitute a municipal civil infraction, punishable by a fine of not less than $100.00 or more than $500.00, plus any costs, damages, expenses, and other sanctions. This section is further subject to the repeat offender provision of the Pontiac Municipal Code 86-501(2). Further, each day on which any violation of this section continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this section.

(Ord. No. 2105, § 2, 2-24-00)

114-72 Limited parking areas.

The City Council may by resolution, upon recommendation of the Mayor, designate areas along certain streets in the City that border commercial uses as areas of limited parking. Such areas may limit parking from 30 minutes to three hours; provided, that adequate signage designates the restricted parking area. Vehicles in violation of the parking restriction may be ticketed or towed or both upon the direction of the Chief of Police.

(Ord. No. 2284, § 1, 5-10-13)

114-73114-80 Reserved.

DIVISION 2. CITY PARKING FACILITIES

114-81 Definitions.

As used in this article:

Attendant-operated parking lot means any municipal parking lot not metered, wherein the parking fee is collected by a duly authorized person in attendance.

Gate-operated parking lot means any municipal parking lot, the entrance of which is controlled by a gate or similar device activated by coin, card, key or other means.

Metered parking lot means any municipal parking lot upon which parking meters are installed and in operation.

Municipal parking lot means any area set aside and operated by the city for the primary purpose of public use for the parking of vehicles.

Operator means and includes every individual who operates a vehicle as the owner thereof, or is the agent, employee or permittee of the owner, or is in actual physical control of a vehicle.

Park or parking means the standing of a vehicle, whether occupied or not, upon any public street or city-controlled property otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle.

Parking facilities means and includes attendant-operated parking lot, gate-operated parking lot, metered parking lot, municipal parking lot, parking meter and parking space as defined in this section.

Parking meter means and includes any mechanical device or meter placed or erected for the regulation of parking by authority of this article.

Parking space means any city-controlled space which is duly designated for the parking of motor vehicles by posted signs, painted lines or otherwise.

Police department means the police department for the city.

Vehicle means any device in, upon or by which any person or property is or may be transported upon a street, except a device which is operated upon rails or tracks.

(Code 1985, § 26-140)

114-82 Parking facilities; determination; changes.

(a)    Whenever because of traffic congestion or other cause, the public safety is imperiled, the public convenience can be better served and traffic regulations can be more adequately enforced, with the assistance secured from the establishment, elimination or other substantial change in parking facilities and their regulation and control anywhere within the city, such change shall be effected by a resolution of the council.

(b)    Whenever it comes to the attention of the mayor that conditions on or along any particular street or streets, or on, in, or along any public drive or municipal parking lot appear to require regulation of traffic by a substantial change in parking facilities, he shall make or cause to be made through the police department, a survey of such situation to determine the need for such regulation. If he finds a need therefor, he shall make a determination of such fact and report to the council accordingly.

(c)    Minor changes in regulations and control of parking shall be made by the mayor or his designee. Such minor charges shall include but not be limited to the posting of signs, designating hours of operation and time limits.

(Code 1985, § 26-142)

114-83 Reserved.

Editor’s note—Ord. No. 2234, § 4, adopted February 29, 2012, repealed § 114-83, which pertained to parking meter signals and derived from § 26-143 of the Code of 1985.

114-84 Parking spaces; designation.

In municipal parking lots, the individual parking spaces shall be designated by lines painted on the surface of the lot and at the curbing where each space is located. Similar markings shall be made on the curb for parking on the streets of the city. No person shall park any vehicle in such a way that the vehicle is not entirely within the limits of the space so marked.

(Code 1985, § 26-144)

114-85 Parking meter operation; overtime; attendant of gate-operated lots.

In the case of attendant-operated and gate-operated parking lots, the driver of a vehicle entering such lot shall comply with the pertinent parts of this article, as well as all posted regulations, rate charges and hours as set forth by the council. Failure to do shall constitute a violation of this article.

(Code 1985, § 26-145; Ord. No. 2234, § 4, 2-29-12)

114-86 Reserved.

Editor’s note—Ord. No. 2234, § 1, adopted February 29, 2012, repealed § 114-86, which pertained to parking facility exemptions and derived from § 26-146 of the Code of 1985.

114-87 Reserved.

Editor’s note—Ord. No. 2234, § 1, adopted February 29, 2012, repealed § 114-87, which pertained to parking facility violations and enforcement and derived from § 26-147 of the Code of 1985.

114-88 Overtime parking; impounding; release; notices.

(a)    Whenever any vehicle is found parked in any parking meter space overtime and beyond the period of legal parking time established for such space, or is found parked therein during any period when parking is prohibited, or is found parked in violation of any of the provisions of this article, such vehicle may be removed by, or under the direction of, any person authorized to enforce this article, by means of towing the vehicle to the automobile and vehicle pound. Such removal shall be at the risk of the owner.

(b)    Before the owner or person in charge of such vehicle shall be permitted to remove the vehicle from such pound, he shall furnish evidence of his identity and ownership or right to possession to the police department. In the event the vehicle is impounded, the owner or person in charge of the vehicle shall be liable for towing and storage fees.

(c)    Such enforcing officer may, in lieu of towing such vehicle to the pound, serve upon the owner or operator of such vehicle, or attach or fasten to such vehicle, a parking violation notice. Such parking violation notice shall state the date and location where such violation occurred, the time of violation, the kind of vehicle, state license number of such vehicle, and any other facts relevant to such violation. A copy of such notice may be attached or fastened to the vehicle in a conspicuous place, which will notify such owner or operator that such vehicle was parked in violation of this article, and instructing such owner or operator that such violation can be fully settled and satisfied by the payment of such sum as set by resolution of the council, to the Parking Violations Bureau, City of Pontiac, Michigan, within the time limit specified on such notice attached to the vehicle.

(Code 1985, § 26-148)

114-89 Notices of violation; summons.

(a)    Whenever any motor vehicle is found parked or stopped in violation of any of the provisions of this division or any rules and regulations issued in connection therewith, or in violation of state law, a police officer or other duly authorized personnel finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a parking ticket or notice of violation. The City, or any other entity designated to enforce parking within the City, may delegate to other persons the power to issue and affix such tickets or notices of violations, but no other power normally exercised by a police officer or public safety officer in the exercise of his normal duties.

(b)    The issuance of a ticket or notice of violation by a police officer, public safety officer, or other authorized person shall be deemed an allegation of a parking violation. Such violation notice, if given, shall state the date and location on the street of the meter adjacent to the space where such violation occurred, the time of violation, the kind of vehicle, the State license number of such vehicle, and any other facts relevant to such violation. A copy of such notice shall be attached or fastened to the vehicle in a conspicuous place. Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty scheduled for the offense of the person to whom the ticket was issued, the manner in which the ticket may be contested, and advise that a civil infraction citation will be sought if such person fails to respond within the prescribed time.

(Code 1985, § 26-149; Ord. No. 2322, § 1, 11-1-14)

114-90 Disposition of fines.

The amount of fines and costs to be collected by the parking violations bureau for violations of this article shall be governed by the provisions of the division of parking meters and lots of this chapter.

(Code 1985, § 26-150)

114-91114-100 Reserved.

DIVISION 3. PARKING METERS AND LOTS

114-101 Parking time limited; meters.

(a)    When signs, other than parking meter signs, are erected in each block giving notice thereof, no person shall park a vehicle for longer than specified on signs at any time between the hours of 8:00 a.m. to 12:00 a.m. (midnight) of any day except Sundays and public holidays within the district or upon any of the streets designated by the Chief of Police or valid City parking contractor in accordance with the contract with the City.

(b)    Whenever the Council shall designate a metered parking district, the parking of vehicles in such designated district shall be governed by and in accordance with the provisions of division 2 of this article and by any resolution of the City Council pertaining thereto. In areas where the City of Pontiac has a valid City parking contractor, said contract takes precedence.

(c)    In the event that any classification described in section 114-56 shall conflict with any designated metered parking district, then the regulation of the parking of vehicles in such districts shall be governed by and in accordance with the provisions of division 2 of this article and any resolution adopted by the Council pursuant thereto. In areas where the City of Pontiac has a valid City parking contractor, said contract takes precedence.

(Code 1985, § 26-76; Ord. No. 2297, § 1, 7-7-13)

114-102 Definitions.

As used in this article:

Citation means any paper or electronic ticket issued by any member of the Oakland County Sheriff Office or other law enforcement agency and may be used interchangeably with ticket.

Civil infraction means a written complaint or notice prepared by an authorized City official directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.

Contractor or parking contractor means an entity which holds a valid parking contract with the City of Pontiac.

Municipal parking lot means and includes any public municipal parking lot operated by the City upon which are installed parking meters.

Notice of violation means any written allegation of a parking violation by any duly authorized individual or law enforcement officer.

Operator means and includes every individual who operates a vehicle as the owner thereof, or as the agent, employee, or permittee of the owner, or is in actual physical control of a vehicle.

Park or parking means the standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs, or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle.

Parking meter means and includes any mechanical or digital device or meter placed or erected for the regulation of parking by authority of this article. Each parking meter installed shall indicate by proper legend the legal parking time established by the City and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking.

Parking meter space means any space within a parking meter zone, adjacent to a parking meter, which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters.

Parking meter zone means and includes any street or part thereof in the central business area upon which parking meters are to be installed and placed in operation.

Police Department means the Oakland County Sheriff or law enforcement agency operating in the City.

Ticket means the same as citation and may be used interchangeably.

Treasurer means the City Treasurer in the City.

Vehicle means any device in, upon or by which any person or property is or may be transported upon a street, except a device which is operated upon rails or tracks.

(Code 1985, § 26-166; Ord. No. 2254, § 1, 4-17-12; Ord. No. 2297, § 1, 7-7-13; Ord. No. 2322, § 1, 11-1-14)

114-103 Installation of parking meters; determination.

(a)    Whenever because of traffic congestion or other cause the public safety is imperiled, the public convenience can be better served and traffic regulations can be more adequately enforced with the assistance secured from the installation and maintenance of parking meters, such parking meters shall be installed under, and in accordance with, the provisions of this article.

(b)    Whenever it comes to the attention of the Mayor that conditions on or along any particular street or streets or on, in, or along any public drive are not governed as to parking by the provisions of division 1 of this article and appear to require the regulation of traffic by parking meters, he shall make or cause to be made through the Police Department a survey of such situation, and after consultation with valid City parking contractor in affected area, to determine the need for such regulations. If he finds a need therefor, he shall make a determination of such fact and shall cause parking meters to be installed in the streets where needed in the districts hereinafter defined. The Mayor, before making such installation, shall obtain the approval of the Council by resolution and an appropriate amendment shall be made to the parking contract.

(Code 1985, § 26-167; Ord. No. 2297, § 1, 7-7-13)

114-104 Parking charges.

(a)    After consultation with the City and the 50th District Court, the contracted operator of the parking system shall determine the pricing for parking, including pricing for all meters, notices of violations, tickets, citations, and parking passes. Such pricing shall be competitive with that charged by communities in the same geographic territory.

(b)    Once such prices are established, they shall be posted in a location accessible to the public and a paper copy shall be made available at the Parking Violations Bureau.

(Ord. No. 2284, § 1, 5-10-13; Ord. No. 2322, § 1, 11-1-14)

114-105 Meter spaces; specifications.

(a)    In determining the number of parking spaces that shall be installed on the streets or parking lots in the City, a minimum of 23 feet in length shall be allowed for each space for parallel parking, unless otherwise defined in section 114-72.

(b)    On the public parking lots, the individual parking spaces shall be designated by lines painted on the surface of the lot and at the curbing where each meter is located. Similar markings shall be made on the curb for parking on the streets of the city.

(c)    No person shall park any vehicle in such a way that the vehicle is not entirely within the limits of the space so marked.

(Code 1985, § 26-169; Ord. No. 2297, § 1, 7-7-13)

114-106 Operation of parking meters.

(a)    Except in a period of emergency determined by an officer of the Fire or Police Department, or in compliance with the directions of a law enforcement officer, when any vehicle is parked in any space alongside or next to which a parking meter is located on any street or municipal parking lot, the operator of such vehicle shall, upon entering the parking meter space, immediately deposit or cause to be deposited in the meter such proper payment as is required for such parking meter and as is designated by proper directions on the meter. Failure to deposit such proper payment shall constitute a violation of this article.

(b)    Upon the deposit of such payment the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the zone in which the parking space is located. Any person, placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space, shall not be required to deposit a payment so long as his occupancy of the space does not exceed the indicated unused parking time.

(c)    If the vehicle remains parked in any such parking space beyond the parking time limit set for such parking space, and if the meter indicates that such time has elapsed and that such parking is illegal, then such vehicle shall be considered as parking overtime and beyond the period of legal parking time. Such overtime parking shall be deemed a violation of this article.

(Ord. No. 2297, § 1, 7-7-13)

114-107 Parking time limits.

Parking a vehicle in a designated space in a parking meter zone shall be lawful for the period of time specified for that zone, as shown by a sign on the meter or by one or more signs posted along the street in sufficient number and of sufficient size to apprise the ordinarily observant person of the existence of the limited period within which lawful parking can be had along and upon such street. Parking of a vehicle in any parking meter space for a period longer than that allowed by such sign shall be deemed to be illegal and a violation of this article. Lawful parking may be had in the space during the hours and days set forth in section 114-111.

(Code 1985, § 26-171)

114-108 Parking meters in specified areas.

Parking meters or other similar devices that regulate timed and charged parking may be installed on any public street identified in any contract with the contracted operator of the system.

(Code 1985, § 26-172; Ord. No. 2284, § 1, 5-10-13)

114-109 Reserved.

Editor’s note—Ord. No. 2284, § 1, adopted May 10, 2013, repealed § 114-109, which pertained to designated parking lots and derived from § 26-173 of the 1985 Code.

114-110 Reserved.

Editor’s note—Ord. No. 2234, § 1, adopted February 29, 2012, repealed §§ 114-110—114-117, which pertained to hospital parking lot and derived from §§ 26-174—26-180 and 26-182 of the Code of 1985.

114-111 Parking meter operation; times; signals.

(a)    All parking meters located on any street shall be used from 8:00 a.m. to 12:00 a.m. (midnight) on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, Sundays excepted, and the following legal holidays excepted: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.

(b)    On all parking meters on any public street or any municipal parking lot now installed or hereafter installed in the future, the parking meter shall be so set as to display a signal showing the legal parking upon the deposit of the appropriate payments for the period of time prescribed and as shown on the meter. Each meter shall be so arranged that upon the expiration of the lawful time limit it will indicate by a proper visible signal that the lawful parking period has expired. In such cases the right of such vehicle to occupy such space shall cease and the operator or owner thereof shall be subject to the penalties hereinafter provided.

(c)    Each parking meter shall be placed or set in such manner as to plainly show or display, by a signal or otherwise, that the parking meter space adjacent to such meter is or is not legally in use. Each such parking meter shall also indicate by a proper legend the payment fee to be deposited, the hours during which the use of the meter is required, and the legal parking time established. When operated, each meter shall indicate visibly by a dial and pointer, or otherwise, the elapsing legal parking time, and upon the expiration of such time shall indicate the illegal or over parking.

(Ord. No. 2297, § 1, 7-7-13)

114-112 Parking time limited.

On all parking meters the time for parking shall not exceed three hours from 8:00 a.m. to 12:00 a.m. Such meters shall allow parking from one hour up to three hours and signs shall be placed on the meters showing the time allowed for such parking. The meters shall be used from 8:00 a.m. to 12:00 a.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, Sundays and the following legal holidays excepted: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day.

(Ord. No. 2297, § 1, 7-7-13)

114-113 Violations of article.

No person shall:

(1)    Cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to be parked overtime, or beyond the period of legal parking time established and shown on a parking meter in any parking zone or municipal parking lot.

(2)    Deposit in any parking meter any payment for the purpose of parking beyond the maximum legal parking time for the particular parking meter zone and space.

(3)    Permit any vehicle to remain in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space.

(4)    Park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings.

(5)    Deface, injure, tamper with, open or willfully break, destroy, or impair the usefulness of any parking meter installed under the provisions of this article, except persons legally authorized to open the meter.

(6)    Deposit or cause to be deposited in any parking meter any slugs, device or metal substance, or other substitute for lawful coins.

(7)    Park or allow or permit to be parked any motor vehicle owned or operated by such person for a period longer than that permitted and posted on the parking meter or in the parking meter zone in which such vehicle is parked.

(8)    Park any motor vehicle in a parking space on any municipal parking lot so the rear of the vehicle is facing the parking meter.

(Ord. No. 2297, § 1, 7-7-13)

114-114 Deposit of payments; time limit.

The parking meters provided for in this article shall be installed in order to determine the length of time any vehicle has been parked in any metered space. The operator or driver of such vehicle using the parking space shall immediately deposit payment in such device if located in any metered zone on a public highway.

(Ord. No. 2297, § 1, 7-7-13)

114-115 Overtime parking; impounding; release.

(a)    Whenever any vehicle is found parked in any parking meter space over time and beyond the period of legal time established for such space, or is found parked therein during any period when parking is prohibited, or is found parked in violation of any of the provisions of this article, such vehicle may be removed by, or under the direction of, any person authorized to enforce this article, by means of towing the vehicle to the automobile and vehicle pound. Such removal shall be at the risk of the owner.

(b)    Before the owner or person in charge of such vehicle shall be permitted to remove the vehicle from the pound, he shall furnish evidence of his identity and ownership or right to possession, he shall sign a receipt for the vehicle, and shall pay to the Police Department a towage fee plus storage charges as set by resolution of the City Council from time to time.

(c)    Such enforcing officer may in lieu of towing such vehicle to the pound serve upon the owner or operator of such vehicle, or attach or fasten to such vehicle, a parking meter violation notice directing the owner or operator to appear at the Traffic Bureau within the time specified by such notice.

(Ord. No. 2297, § 1, 7-7-13)

114-116 Notice of violation; contents.

(a)    Whenever any motor vehicle is found parked or stopped in violation of any of the provisions of this parking meter division or any rules and regulations issued in connection therewith, or in violation of state law, the police officer or other duly authorized personnel finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a parking ticket or notice of violation. The City, or any other entity designated to enforce parking within the City, may delegate to other persons the power to issue and affix such tickets or notices of violation, but no other power normally exercised by a police officer or public safety officer in the exercise of his normal duties.

(b)    The issuance of a parking ticket or notice of violation by a police officer, public safety officer, or other authorized person shall be deemed an allegation of a parking violation. Such parking meter violation notice, if given, shall state the date and location on the street of the meter adjacent to the space where such violation occurred, the time of violation, the kind of vehicle, the State license number of such vehicle, and any other facts relevant to such violation. A copy of such notice shall be attached or fastened to the vehicle in a conspicuous place. Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty scheduled for the offense of the person to whom the ticket was issued, the manner in which the ticket may be contested, and advise that a civil infraction citation will be sought if such person fails to respond within the prescribed time.

(Ord. No. 2297, § 1, 7-7-13; Ord. No. 2322, § 1, 11-1-14)

114-117 Reserved.

Editor’s note—Ord. No. 2234, § 1, adopted February 29, 2012, repealed §§ 114-110—114-117, which pertained to hospital parking lot and derived from §§ 26-174—26-180 and 26-182 of the Code of 1985.

114-118 Penalty.

(a)    Failure to remit payment to the Parking Violations Bureau for any notice of violation issued in accordance with this division within 90 days shall be a civil infraction.

(b)    Any person found responsible for violating any of the provisions of this division is subject to a civil infraction and may be ordered to pay a civil fine of not more than $100.00 and costs in accordance with Section 907 of the Michigan Vehicle Code.

(c)    Nothing in this division shall limit the authority of police officers or other law enforcement personnel from issuing any other ticket or citation as otherwise authorized under the law.

(Code 1985, § 26-183; Ord. No. 2322, § 1, 11-1-14)

114-119 Reserved.

DIVISION 3A. VALET PARKING

114-120114-130 Reserved.

Editor’s note—Ord. No. 2234, § 1, adopted February 29, 2012, repealed §§ 114-120—114-127, which pertained to valet parking and derived from Ord. No. 2077, § 1, adopted February 26, 1998.

DIVISION 4. PERMIT PARKING AREAS

114-131 Purpose.

The purpose of this article is to reduce hazardous traffic conditions resulting from the use of streets within certain residential districts in the near vicinity of the Pontiac Silverdome for the parking of vehicles by person using the Pontiac Silverdome during major events; to protect those districts from polluted air, excessive noise, and trash and refuse caused by the entry of such vehicles; to protect the residents of those districts from unreasonable burdens in gaining access to their residences during major events at the Pontiac Silverdome; to preserve the character of those districts as residential districts; to promote efficiency in the maintenance of those streets in a clean and safe condition; to preserve the value of the property in those districts; and to preserve the safety of children and other pedestrians in those residential districts; and to promote traffic safety, and preserve the peace, good order, comfort, convenience and welfare of the inhabitants of the city.

(Code 1985, § 26-218)

114-132 Definition of residential parking permit area.

As used in this article, residential permit parking area means an area designated by resolution of the city council to be an area in which parking is restricted to residents of said area only for specified hours of each day as posted by the chief of police of the city.

(Code 1985, § 26-219)

114-133 Residential parking permit areas designated.

The city council may designate certain areas of the city as residential permit parking areas after finding the following to exist:

(1)    The proposed residential permit parking area is in the near vicinity of the Pontiac Silverdome.

(2)    The proposed residential permit parking area has experienced major traffic congestion during events at the Pontiac Silverdome.

(3)    The proposed residential permit parking area is a zoned residential district.

(Code 1985, § 26-220)

114-134 Conduct prohibited.

No person shall:

(1)    Park a motor vehicle in a residential permit parking area without a permit as provided for in this article during the designated hours;

(2)    Allow another person other than the person to whom a residential parking permit is issued, to use such parking permit;

(3)    Falsify information to obtain a residential parking permit;

(4)    Fail to surrender a residential parking permit to the mayor or his designee on demand if such permits are used in violation of this article;

(5)    Knowingly park a motor vehicle displaying a residential parking permit when the holder of the permit is not entitled to possess it;

(6)    Fail to surrender a permit if the holder no longer fulfills the conditions of this article;

(7)    Otherwise violate the regulations governing the issuance or use of such permits.

(Code 1985, § 26-221)

114-135 Duties of the chief of police.

The chief of police may prohibit parking in a residential permit parking area, except for holders of a residential parking permit, on event days at the Pontiac Silverdome when based upon information he receives, expected attendance at an event at the Pontiac Silverdome is likely to cause serious traffic congestion in said areas. In such cases the chief of police shall cause appropriate signs giving notice of the prohibition to be posted on the streets in the residential permit parking areas restricting all parking except parking by the holders of permits.

(Code 1985, § 26-222)

114-136 Permits granted to residents only.

Permits are to be granted only to persons who are residents of any residential permit parking areas in which parking is so restricted, to be limited to that particular area in which parking is so restricted for every vehicle owned by those persons and registered to an address in that area.

This permit shall be known as a residential parking permit.

(Code 1985, § 26-223)

114-137 Permit application.

(a)    Any resident of a permit parking area applying for a parking permit shall present to the mayor, or his representative, a valid Michigan driver’s license or other satisfactory proof of residence within a residential permit parking area and vehicle registration which shall indicate that the vehicle for which a permit is sought is registered to the applicant at an address within the residential permit parking area.

(b)    If and when a permit holder no longer resides within a residential permit parking area or if a vehicle for which a permit was issued is no longer registered to the permit holder, the parking permits for such vehicle issued under this article shall be surrendered immediately to the mayor or his authorized representative.

(c)    No permit issued hereunder shall be valid for more than one year, but may be renewed upon expiration, provided the conditions for issuance under this article exist.

(Code 1985, § 26-224)

114-138 Fees.

The fees for each permit in order to defray the administrative expense connected with its issuance shall be set by city council resolution.

(Code 1985, § 26-225)

114-139 Nontransferability.

No person may transfer a permit of any type to another person.

(Code 1985, § 26-226)

114-140 Display.

Each permit shall be displayed in the left corner of the rear window of each vehicle parked on a public street in a residential parking area during hours of restricted parking.

(Code 1985, § 26-227)

114-141 Obtaining money for use of permit.

No person shall allow another person to use any permit in return for money or any other type of consideration.

(Code 1985, § 26-228)

114-142 Mayor authorized to implement procedures.

The mayor or his designee is hereby authorized to implement administrative procedures consistent with this article to provide for the issuance of permits and other duties set forth in this article.

(Code 1985, § 26-229)

114-143114-150 Reserved.

DIVISION 5. PARKING VIOLATIONS BUREAU

114-151 Parking Violations Bureau.

(a)    Pursuant to Section 8395 of the Revised Judicature Act, State of Michigan, as amended, being MCL 600.8395, a Parking Violations Bureau is hereby established for the purpose of handling alleged parking violations within the City and to collect and retain civil fines and costs prescribed in the ordinance. The Parking Violations Bureau shall be under the supervision and control of the Finance Director.

(b)    The Finance Director shall establish a convenient location for the Parking Violations Bureau. The Finance Director shall further appoint qualified City employees to administer the bureau and adopt rules and regulations for the operation thereof.

(c)    Only notices of violation, as issued in accordance with this article, shall be disposed of by the Parking Violations Bureau. The Parking Violations Bureau shall not have the authority to dispose of any other ticket or citation written by any law enforcement officer or other duly authorized individual.

(d)    No notice of violation may be settled at the Parking Violations Bureau, except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denies having committed the offense, and in no case shall any staff member of the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to the alleged violation. No person shall be required to dispose of a notice of violation at the Parking Violations Bureau and all persons shall be entitled to have any such violation reviewed as provided for under any relevant federal, state, or local law, ordinance, rule, procedure, process, or regulation. The unwillingness of any person to dispose of any notice of violation at the Parking Violations Bureau shall not prejudice him or in any way diminish the rights, privileges, and protection accorded to him by law.

(Code 1985, § 26-197; Ord. No. 2297, § 1, 7-7-13; Ord. No. 2322, § 1, 11-1-14)

114-152114-165 Reserved.

Editor’s note—Ord. No. 2322, § 1, adopted November 1, 2014, repealed §§ 114-152—114-154, which pertained to the Parking Violations Bureau’s acceptance of pleas and fines, operation expense and staff, and derived from §§ 26-198—26-200 of the 1985 Code.