ARTICLE III. TRAFFIC CODES
114-46 Adoption by reference.
(a) The Uniform Traffic Code for Michigan 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 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.), as amended, is hereby adopted by reference as in this article modified. References in the Uniform Traffic Code for Michigan Cities, Townships, and Villages to “governmental unit” means the City of Pontiac.
(b) The Michigan Vehicle Code, 1949 PA 300, MCLA 257.1 to 257.923, along with any subsequent amendments or supplements as promulgated by the State of Michigan, is hereby adopted as an enforcing authority of this section by reference.
(c) The penalties provided by the Uniform Traffic Code and the Michigan Vehicle Code are adopted by reference, provided, however, that the City of Pontiac may not enforce any provision of either code for which the maximum period of imprisonment is greater than 93 days.
(Ord. No. 2146, § 1, 8-29-02)
State law reference—Authority to adopt Uniform Traffic Code, MCL 257.951 et seq., MSA 9.2651 et seq.
114-47 Changes in the code.
The following sections of the Uniform Traffic Code for Cities, Townships and Villages are hereby amended or deleted as set forth, and additional sections are added as indicated. Subsequent section numbers used herein shall refer to the like-numbered sections of the Uniform Traffic Code.
Section 2.5 is hereby amended to read:
Section 2.5. Reports of stolen and recovered vehicles.
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 2.5 is hereby amended to read:
Sec. 2.5a. Abandoned vehicle procedures.
(1) As used in this section, abandoned vehicle means a vehicle which has remained on public 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 2.5 is hereby amended to read:
Sec. 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 operable 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) to (5).
Section 2.5 is hereby amended to read:
Sec. 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) to (9) shall apply.
Section 2.5 is hereby amended to read:
Sec. 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 subsection 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 compliant 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 2.5 is hereby amended to read:
Sec. 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 25.a, 2.5b(6) to (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 Michigan of 1961 (MCL 600.8312), as amended.
(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 2.5 is hereby amended to read:
Sec. 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 2.5 is hereby amended to read:
Sec. 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:
(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 this city if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means either of the following applies:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of the 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 this city by a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The person has an alcohol content of 0.08 grams or more per 1000 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person’s ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(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 this city when, due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic 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) or subsection (5), 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 this city 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 but less than 0.08 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 alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
(5) 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 this statute if the person has in his or her body any amount of a controlled substance listed in schedule one under the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in the public health code, 1978 PA 368, MCL 333.7214.
(6) If a person is convicted of violating subsection (1), (2) or (5), the person is guilty of a misdemeanor punishable by one or more of the following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 93 days.
(c) A fine of not less than $100.00 or more than $500.00.
(7) 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 360 hours.
(b) Imprisonment for not more than 93 days.
(c) A fine of not more than $300.00.
(8) If a person is convicted of violating subsection (4), the person is guilty of a misdemeanor punishable by one or both of the following:
(a) Community service for not more than 360 hours.
(b) A fine of not more than $250.00.
(9) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution.
(10) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the city for the cost of supervision incurred by the city as a result of the person’s activities in that service.
(11) If a person is charged with a violation of subsection (1), (2), (3), (5), or section 5.15(d), 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 prosecuting attorney’s motion.
(12) A jury shall be instructed to make a written finding as to either of the following:
(a) Whether the defendant was under the influence of a controlled substance or a combination of alcoholic 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 alcoholic liquor and a controlled substance at the time of the violation.
(13) In a prosecution for a violation of subsection (4), the defendant bears the burden of proving that the consumption of alcoholic liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(14) The court may order as a condition of probation that a person convicted of violating subsection (1) or (5) shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under state law.
Section 5.15a is amended to read:
(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 this city, the operator of a 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 vehicle parked or stopped on a highway or street within this city 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.
(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 this city and that the person by the consumption of alcoholic 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 state while the person’s blood, breath, or urine contained any measurable amount of alcohol or while the person had any detectable presence of alcoholic 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 this city while the person had any bodily alcohol content, as that term is defined, 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 under 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 section 5.15(c)(1) for one or more of the following purposes:
(i) To assist the court 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 under subsection (6).
(iii) As evidence of the defendant’s breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant’s breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under subsection (6).
(c) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of MCL 257.625 et seq. for purposes of chemical tests therein described.
(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. A peace officer shall order out-of-service as required 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.
(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) With respect to chemical tests other than a preliminary chemical breath analysis, all requirements of MCL 257.625 et seq. shall apply for all purposes under this section, specifically including issues of evidence at trial.
Section 5.15(b) is amended to read:
(1) A person arrested for a misdemeanor violation of the ordinance shall be arraigned on the citation, complaint, or warrant not more than 14 days after the arrest for the violation. 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. The pretrial conference shall be held not more than 35 days after the person’s arrest for the violation. 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 within 77 days after the person is arrested for the violation. 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.
(5) Before imposing sentence 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. The person shall pay for the costs of the screening, assessment, and rehabilitative services.
Section 5.15c is amended to read:
(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 this city 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.
(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 MCL 257.625 et seq.
Section 5.15d is amended to read:
(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but less than 0.08 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 this city.
(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 this state 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) Except as otherwise provided, a person who is convicted of a violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $300.00, or both, together with costs of the prosecution.
Section 5.15e is amended to read:
Vehicle immobilization applies as provided in MCL 257.904(a) and other appropriate state statutes.
Section 5.16 is amended to read:
Sec. 5.16b. Open alcohol in motor vehicles.
(a) Except as provided in subsection (b), a person shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a motor vehicle and any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of a vehicle in the state.
(b) A person may transport or possess alcoholic liquor in a container that is open or uncapped or both upon which the seal is broken within the passenger compartment of 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 in the state, if the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is enclosed or encased, and the container is not readily accessible to the occupants of the vehicle.
(c) A person who violates this section is guilty of a misdemeanor.
(d) This section does not apply to a passenger in a chartered vehicle authorized to operate by the Michigan Department of Transportation.
Section 5.62a is amended to read:
Sec. 5.62a. Suspended; revoked; denied; never applied for; allowing ineligible persons to drive; penalties; sanctions by secretary of state; exceptions; impoundment; nolo contendere plea.
(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 by law 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 state. 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 this state, 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 act. A person who violates this subsection is guilty of a misdemeanor, punishable as follows:
(a) If the person’s operator’s or chauffeur’s license has been suspended, under section 321a of the Michigan Compiled Laws because that person has failed to answer his citation or has failed to answer his citation or has failed to comply with an order or judgment issued pursuant to section 907 of the state law, by imprisonment for not more than 90 days or a fine of not more than $100.00 or both.
(b) For a violation, other than a violation punishable under subdivision (a) by imprisonment by not more than 90 days, or by a fine of not more than $500.00 or both. Unless the vehicle was stolen or used with permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicles shall be confiscated.
(c) For a second or subsequent violation punishable under subdivision (b), state law will apply due to the higher penalty.
(2) The secretary of state upon receiving a record of the conviction or probate court disposition of a person upon a charge of unlawful operation of a motor vehicle while the license of the person is suspended or revoked or of the conviction, civil infraction determination, or probate court disposition of a person for a moving violation of the vehicle laws of this state or a political subdivision of this state while the license of the person is suspended or revoked immediately shall extend the period of the first suspension or revocation for an additional like period. This subsection shall apply only if the violation occurs during the suspension of definite length, or if the violation occurs before the person is approved for a license following a revocation.
(3) The secretary of state, upon receiving a record of the conviction, bond forfeiture, or civil infraction determination of a person upon a charge of unlawful operation of a motor vehicle requiring a class one, class two or class three endorsement or a vehicle group designation while the endorsement or designation is suspended pursuant to section 319a or 319b, or revoked, immediately shall extend the period of suspension or revocation for an additional like period. This subsection shall apply only if the violation occurs during a suspension of definite length, or if the violation occurs before the person is approved for a license following a revocation, or if the person operates a commercial vehicle while disqualified under title XII of public law 95-570, 100 Stat 3207-170.
(4) If the secretary of state receives records of more than one conviction, civil infraction determination, or probate court’s position resulting from the same incident, all the convictions, civil infractions, determinations, or probate court dispositions shall be treated as a single violation for purposes of extending the period of suspension or revocation under subsection (2) or (3).
(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 driving record of the person 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 shall 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 in danger and the summoning of prompt aide is essential.
(7) When a person is convicted under subsection 114-245 (a)(1) of the Pontiac Code of operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the motor vehicle, if it is owned in whole or in part by that person, shall be ordered impounded for not less than 30 or more than 120 days from the date of judgment.
(8) An order of impoundment issued pursuant to subsection (7) is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the applied consent of the owner of the vehicle to the storage for insurance coverages.
(9) 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 the return of the vehicle, the vehicle shall be considered an abandoned vehicle and disposed of as provided by state law for abandoned vehicles.
(10) Nothing in this section affects the rights of conditional vendor, chattel, mortgagee or lessor of a motor vehicle registered in the name of another person as owner who becomes subject to this Act.
(11) A conviction based on nolo contendere shall be treated in the same manner as a conviction based on a plea of guilty or a finding of guilty for all purposes under this section, except that neither the plea nor the conviction shall be admissible as substantive evidence of conduct at issue in a civil case arising out of the same occurrence.
Section 5.82 is hereby amended to read:
Sec. 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 Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.), as amended, 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 Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.), as amended, a class of children from the requirement 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 hereby amended to read:
Sec. 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 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 detailed 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 5.89 is amended to read:
Sec. 5.89. Flag or lights on load; towing.
(a) Whenever the load of any vehicle shall exceed more than two feet to the rear of the bed or body of the vehicle, there shall be displayed on the end of such load in such a position as to be plainly visible at all times, a red flag not less than 12 inches in both length and width during the daytime; and during the nighttime, a red light so displayed as to be plainly visible at least 200 feet to the rear of such vehicle.
(b) No operator shall tow more than one motor vehicle or more than two trailers.
(c) When towing a motor vehicle, the connection shall not be over 15 feet long, provided that if the two vehicles when connected are over three feet apart, there shall be attached to the connection and in the center thereof a red flag, not less than 12 inches in both width and length.
(d) Trailers shall be attached to the preceding vehicle by means of suitable coupling. Two chains, one on each side of the coupling, must also be used. Both chains must be attached to the same part of the chassis as is the coupling. Each chain to be of sufficient strength to pull the trailer or trailers attached to it when loaded to maximum capacity.
(e) No operator shall tow a trailer which does not track within six inches of the preceding vehicle.
Section 5.97 is amended to read:
Sec. 5.97. School buses.
(a) Buses to display signs. All school buses transporting pupils shall display such signs on the back and front thereof, as shall be approved by the state highway commissioner and the superintendent of public instruction, which shall identify the vehicle as a school bus.
(b) Flashing lights, overtaking or meeting vehicles; bus passengers, crossing road; traffic-controlled intersections. The driver of a vehicle overtaking or meeting any 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 at least 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. The driver of the school bus resuming motion shall deactivate flashing lights and permit stopped traffic to proceed and shall, when resuming motion, proceed in such a manner as to allow congested traffic to disperse by keeping the bus as near to the right side of the road as can be done with safety. Passengers crossing the road upon being discharged from a school bus shall cross in front of the stopped bus. 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, and in no event greater than ten miles an hour, and with due caution for the safety of passengers being received or discharged from the school bus. Signs giving notice of the local traffic regulation shall be posted upon or at the entrance to the area or part thereof affected as may be most appropriate, or sufficiently legible, as to be seen by an ordinarily observant person.
(c) Visibility of bus in stopped position. No school bus driver shall stop his bus for the purpose of receiving or discharging passengers unless the bus is clearly visible in its stopped position to approaching or overtaking drivers of vehicles for a distance of at least 500 feet.
(d) Use of flashers prohibited in certain areas. No school bus driver shall activate the alternating flashing red lights while loading, discharging passengers or waiting to load or discharge passengers at schools or on any public street or place so designated by the chief of police.
(e) Divided highway, vehicle on opposite section from school bus. The driver of a vehicle upon any 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.
(f) Flashing lights, color, location, intensity. Every school bus transporting pupils shall, in addition to any other equipment and distinctive marking required by law, be equipped with signal lamps mounted as high and widely spaced laterally as practicable which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level. The lights shall have sufficient intensity to be visible from a distance of at least 500 feet in normal sunlight and shall be actuated by the driver of the school bus whenever, but only whenever, the vehicle is stopped and for a distance of at least 200 feet in advance of a stop for the purpose of receiving or discharging school children.
(g) Front end mirror for driver’s view of road from front bumper. Every school bus shall be equipped with a mirror, convex in shape, at least seven and one-half inches in diameter firmly mounted at hood or fender-top height in front of the bus. It shall be located on either the left or right side of the bus in such a manner that the seated driver may observe through its use the road from the front bumper forward to the point where direct observation is possible.
(h) Presumption, registered owner as driver; sufficiency of evidence. In any proceeding for a violation of subsection (b) of this section proof that the particular vehicle described in the citation, complaint or warrant was in violation of subsection (b) of this section, together with proof that the defendant named in the citation, complaint or warrant was, at the time of the violation, the registered owner of the vehicle, shall constitute in evidence a presumption that the registered owner of the vehicle was the driver at the time of the violation.
(i) Persons to be transported on school buses. A driver of a school bus shall not transport or permit to be transported on any school bus while transporting pupils to and from school any person other than pupils, teachers or chaperons of the pupils or others authorized by the local board of education for the protection of property and/or health, safety and welfare of the pupils or persons attending other school-related functions.
(j) School bus equipment. All school buses transporting pupils shall be equipped with first aid kits, fire extinguishers and traffic flares in such number and quality as the superintendent of public instruction shall prescribe by rules.
(k) Penalty. Persons violating the provisions of this section shall be guilty of a misdemeanor.
Section 10.1 is amended to read:
Sec. 10.1 Definitions.
The following words, terms and phrases, when used in relation to snowmobiles, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Operate means to ride in or on and control the operation of the snowmobile.
(2) Operator means every person who operates or is in actual physical control of a snowmobile.
(3) Owner means a person other than a lien holder having the property or title to a snowmobile entitled to use or possession thereof.
(4) Right-of-way means the entire strip of land in which the public owns the fee or an easement for roadway purposes, including the portion of said land traversed by a street or highway.
(5) Semi-public property means private property generally used for use by the public but not owned or maintained by a governmental body. Such property includes without limitation, church property, shopping center property and other property generally used by patrons of a commercial or private business establishment.
(6) Snowmobile means a self-propelled vehicle designed for travel on snow or ice, steered by skis or runners.
(7) Street or highway means a public or private right-of-way which affords primary access by pedestrians and vehicles to abutting properties whether designated as a street, avenue, highway, road, boulevard, or otherwise designated.
Section 10.2 is added to read:
Sec. 10.2. Operating snowmobile along street.
(a) No person shall operate a snowmobile upon the street, highway or inside bank or slope of any trunk, county state-aid or county highway located within the city and in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic.
(b) No person shall operate a snowmobile any place within the right-of-way of any trunk, county state-aid or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the righthand side of such right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto.
(c) No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within this city or within the right-of-way of any street or highway located within the city, except as provided in subsection (d) hereof.
(d) A snowmobile may be operated upon a public street or highway in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical.
Section 10.3 is added to read:
Sec. 10.3. Crossing roadways.
A snowmobile may make a direction crossing of a street or highway, provided:
(1) The crossing is made at any angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction presents a quick and safe crossing.
(2) The snowmobile is brought to a complete stop before crossing the roadway.
(3) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.
(4) If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on and properly operating.
Section 10.4 is added to read:
Sec. 10.4. Designation of snowmobile areas.
The city council may be resolution establish designated snowmobile areas in which the operation thereof may be permitted. No person shall operate a snowmobile except in an area designated as a snowmobile area.
Section 10.5 is added to read:
Sec. 10.5. Hours of operation.
No person shall operate any snowmobile on any street or highway in the city between the hours of 9:00 p.m. to 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight to 7:00 a.m. on Saturday and Sunday.
Section 10.6 is added to read:
Sec. 10.6. Speed limit.
No person shall operate a snowmobile upon any street within the city at a speed greater than 15 m.p.h.
Section 10.7 is added to read:
Sec. 10.7. Prohibited activities.
Except as otherwise specifically permitted and authorized, no person shall operate a snowmobile:
(1) On a public sidewalk or walkway provided or used for pedestrian travel;
(2) On private property of another without lawful authority or consent of the owner or occupant;
(3) On any publicly owned land, including but not limited to school grounds, park property, playgrounds, recreation areas and golf courses, except areas previously listed or posted for use pursuant to resolution of the council, in which case such use should be lawful and snowmobiles may be driven in and out of such areas by the shortest route;
(4) At any place, while under the influence of intoxicating liquor or narcotics or habit forming drugs;
(5) At rate of speed greater than reasonable or prudent under all the surrounding circumstances;
(6) At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto;
(7) So as to tow any person or thing on a public street or roadway except through use of a rigid tow bar attached to the rear of the snowmobile;
(8) At a speed greater than ten miles an hour when within 100 feet of any fisherman, ice house or skating rinks;
(9) Within 100 feet of any sliding area; or
(10) When the operation would conflict with the lawful use of property or would endanger other persons or property.
(Code 1985, §§ 26-59, 26-133—26-139, 26-230—26-240; Ord. No. 1984, § 1(26-25—26-25j), 12-30-91; Ord. No. 1985, § 1, 12-30-91; Ord. No. 2166, § 1, 9-25-03)