Chapter 410 Uniform Traffic Code

CODIFIED ORDINANCES OF TRAVERSE CITY

PART FOUR - TRAFFIC CODE

Chap. 410. Traffic Codes.

Chap. 420. Bicycles and Coaster Toys.

Chap. 480. Parking Generally.

Chap. 484. Parking Meters.

Chap. 488. Parking Violations Bureau.

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CODIFIED ORDINANCES OF TRAVERSE CITY

PART FOUR - TRAFFIC CODE

CHAPTER 410

Traffic Codes

410.01 Adoption by reference. 410.04 Application to Northwestern

410.02 Definitions. Michigan College property.

410.03 Amendments.

CROSS REFERENCES

Traffic Violations Bureau - see CHTR. Sec. 69

Traffic rules and regulations in home rule cities - see MCL. Sec. 117.4h

Traffic rules and regulations generally - see MCL Secs. 257.601et seq.,

257.634 et seq.

Uniform Traffic Code - see MCL Secs. 257.951 et seq.

Motor Vehicle Code - see MCL 257.1 to 257.923

Parking Violations Bureau - see TRAF. Ch. 488

Traffic citations - see TRAF. 488.05

410.01 ADOPTION BY REFERENCE.

(a) Uniform Traffic Code. The Uniform Traffic Code for Cities, Townships and

Villages, sometimes hereinafter referred to in this Traffic Code as the UniformTraffic Code

, promulgated by the Director of State Police and published in the

1979 edition of the Michigan Administrative Code, and amendments aspublished in the 1981 and 2002 Annual Supplement to the

MichiganAdministrative Code, in accordance with Act 62 of the Public Acts of 1956, as

amended (Administrative Rules R 28.1001 - 28.2075), except as hereafter may

be amended or deleted, are hereby adopted by reference as if fully set forth

herein, except as may be hereinafter amended or deleted.

(b) Michigan Vehicle Code. The
Michigan Vehicle Code, 1949 PA 300; MCL 257.1

to 257.923, as amended, is adopted by reference as if fully set forth herein,

except as may be amended or deleted. References in the Michigan Vehicle Code

to “local authorities” shall mean the City of Traverse City. The penalties

provided by the Michigan Vehicle Code are adopted by reference, provided,

however, that the City may not impose a penalty of imprisonment for greater

than 93 days.

(Ord. 204. Passed 6-16-86. Ord. 580. Passed 10-21-02.)

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410.02 TRAFFIC CODE

410.02 DEFINITIONS.

References in the Uniform Traffic Code for Cities, Townships and Villages, as adopted

in Section 410.01, to the following words and phrases shall have the following

meanings:

(0a) "Governmental unit" shall mean the City.

(0b) "Traffic engineer" shall mean the City Manager or his or her designee.

(Ord. 338. Passed 9-21-92.)

410.03 AMENDMENTS TO UNIFORM TRAFFIC CODE.

The following sections and subsections of the Uniform Traffic Code for Cities,Townships and Villages, as adopted in Section 410.01, are hereby amended or deleted

as set forth and additional sections and subsections are added as indicated.

(a) Rule 159. Presumption of vehicle weight. (Added) A presumption of the

minimum weight of a vehicle shall be established by evidence of the weight

indicated on the Michigan registration certificate for the truck or other

commercial vehicle in question.

(b) Rule 160. Authority of City Engineer; closing streets. (Added) Unless otherwise

provided by law, the City Engineer is hereby authorized to close any highway,

street, alley or other right-of-way or portion thereof which is under process of

construction, improvement or repair, by placing traffic control devices in accordance

with the Michigan Vehicle Code. A person who violates this section is responsible

for a civil infraction.

(c) Rule 551 Boarding or alighting from vehicles. (Added). No person shall

board or alight from any vehicle while such vehicle is in motion. A person

who violates this section is responsible for a civil infraction.

(d) Rule 619. Lights and reflectors. (Added) No person shall operate a bicycle on

any street, alley or public place from one-half hour after sunset to one-half hour

before sunrise, unless the bicycle is equipped with lights and reflectors as

required by the
Motor Vehicle Code applicable to bicycles, and unless the same

are operating. A person who violates this section is responsible for a civil

infraction.

(e) Rule 631. Bicycle parking. (Added) No person shall park a bicycle in any

street, alley or public place, except in a standing position, and no person shall

park a bicycle on any sidewalk except in standards provided therefor. A person

who violates this section is responsible for a civil infraction.

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Uniform Traffic Code 410.04

(f) Rule 1076. Snowmobile operation. (Added) Unless otherwise permitted by State

statute or the Uniform Traffic Code, no person shall operate a snowmobile in the

City unless authorized by the Police Chief. A person who violates this section is

responsible for a civil infraction.

(Ord. 204. Passed 6-16-86. Ord. 320. Passed 12-16-91. Ord. 366. Passed 7-6-93.

Ord. 401. Passed 11-21-94. Ord. 597. Passed 3-17-03. Ord. 664. Passed 03-21-05.)

410.04 AMENDMENTS TO MOTOR VEHICLE CODE.

The following sections and subsections of the Michigan Vehicle Code, as adopted in

Section 410.01, are hereby amended or deleted as set forth and additional sections and

subsections are added as indicated.

(a) MCL 257.252d(1)(k) Impoundment and immobilization (Added). Subsection(1) (k)

is added to read in its entirety as follows:

“(k) If a vehicle is unattended and the registered owner of the vehicle has six

(6) or more unpaid and outstanding civil infraction citations or parking violation

notices, in any combination, all of which have been issued for a violation of the

Michigan Motor Vehicle Code, as amended, or the Uniform Traffic Code, as

amended. In lieu of or prior to impoundment under this subsection, any police

officer or authorized City employee may attach or cause to be attached to said

vehicle an immobilizing device which will prevent the vehicle from being moved

or driven. If an immobilization device is attached, there shall also be attached

securely to the vehicle a notice which states:

“CAUTION: THIS VEHICLE HAS BEEN MADE IMMOBILE BY A

WHEEL-LOCKING DEVICE. SERIOUS DAMAGE TO THE

VEHICLE WILL RESULT IF YOU ATTEMPT TO MOVE THE

VEHICLE. RELEASE CAN BE OBTAINED BY:

1. Paying the outstanding civil infraction citations or parking violation

notices, together with the fee established to cover the costs of attachment

and removal of the locking device, or

2. Posting a bond to cover the above costs and requesting a hearing.

PAYMENT MUST BE MADE TO EITHER THE CITY TREASURER

DURING REGULAR BUSINESS HOURS OR ON WEEKENDS, EVENINGS

OR HOLIDAYS TO THE TRAVERSE CITY POLICE DEPARTMENT.

ARRANGEMENTS MUST BE MADE WITHIN 48 HOURS AFTER

INSTALLATION OF THE DEVICE OR THE VEHICLE WILL BE

REMOVED BY IMPOUNDMENT PURSUANT TO MCL 257.252d.”

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410.04 TRAFFIC CODE

Whenever any police officer or authorized City employee shall issue or have issued an

order to impound or immobilize a vehicle as provided herein, it shall thereafter be

unlawful for any person to drive or otherwise remove said vehicle if he or she has

knowledge of its impending impoundment or immobilization.

MCL 257.252d (8) (Added) to read in its entireties as follows:

(8) Any bond required for release of a vehicle impounded or immobilized

pursuant to subsection (i) shall not exceed the sum of $500.00.”

(b) MCL 257.252e. Abandoned Vehicle; jurisdiction of court. (Amended) Subsection

“e” is amended to read in its entirety as follows:

“The following courts shall have jurisdiction to determine if a police agency has

acted properly in processing a vehicle under section 252a, 252b(6) to (1), 252c,

or 252d:

(1) The district court shall have jurisdiction to determine if a police agency has

acted properly in processing a vehicle under sections 252a, 252b(6) to (10),

252c, or 252d.

(2) The court specified in the notice prescribed in section 242a(4)(c), 252b(6),

252c(4) or 252d(2)(c) shall be the court which has territorial jurisdiction

at the location from where the vehicle was removed or deemed abandoned.

Venue in the district court shall be governed by section 8312 of Act No.

236 of the Public Acts of 1961, as amended, being Sec. 600.8312 of the

Michigan Compiled Laws.

(3) If the owner fails to pay the accrued towing and storage fees, the towing

and storage bond posted with the court to secure the release of the vehicle

under section 252a, 252b, 252c or 252d shall be used to pay the towing and

storage fees.”

(c) MCL 257.661b. Riding position. (Added). This section is added to read in its

entirety as follows:

“No person operating a bicycle shall ride other than upon or astride the

permanent and regular seat attached thereto, or fail to hold the handlebar with at

least one hand. A person who violates this section is responsible for a civil

infraction.”

(d) MCL 257.674(1)(w) Prohibited parking; exceptions; violation as civil infraction.

(Amended). Subsection (1) (w) is amended to read in its entirety as follows:

“In violation of an official sign restricting the period of time for manner of

parking, including on any paved street between the hours of 3:00 a.m. and 6:00

a.m. of any day, except for undertakers, physicians and drivers of emergency

vehicles while they are on emergency calls, and further subject to the following:

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Uniform Traffic Code 410.05

(i) From November 15 to the following April 15, vehicles found parked on any

street or alley between the hours of 3:00 a.m. and 6:00 a.m. may be towed away

at the owner’s expense.

(ii) From May 15 through September 15, overnight parking between the hours of

3:00 a.m. and 6:00 a.m. is allowed on Saturday and Sunday mornings only on

any street where parking is otherwise allowed, but excluding the central business

district which, for purposes of this section, is described as follows:

Bounded by Grandview Parkway on the North; Union Street south to the

Boardman River; Boardman River west, south and east back to Union Street;

Union Street north to the alley south of State Street; alley east to Cass; Cass south

to Washington, Washington east to Boardman; Boardman north to Front Street;

Front Street east to Wellington; Wellington north to Grandview Parkway.”

(d) MCL 257.674(1)(aa) Prohibited parking; exceptions, violation as civil infraction.

(Added) Subsection (1)(aa) is added to read in its entirety as follows:

“(aa) On any street, alley or public parkway without valid registration plates

on the vehicle.”

(e) MCL 257.682(1) Stopping for school bus displaying flashing red lights;

exception; violation as civil infraction; meeting stopped school bus on divided

highway; evidence; community service. (Added) The following shall be added

to subsection 1:

“No school bus driver shall activate the alternating flashing red lights while

loading, discharging or waiting to load or discharge passengers at a school or

any public street or place so designated by traffic control order.”

(Ord. 597. Passed 3-15-03.)

410.05 APPLICATION TO NORTHWESTERN MICHIGAN COLLEGE

PROPERTY.

The Uniform Traffic Code for Cities, Townships and Villages, and the Michigan VehicleCode, 1949 PA 300; MCL 257.1 to 257.923, as amended, as adopted in Section 410.01 and

as amended in Section 410.03, is hereby made applicable to the property of Northwestern

Michigan College located in the City, more particularly described as College Drive between

Munson Avenue and Front Street.

This extension of the
Uniform Traffic Code and the Michigan Vehicle Code is done

pursuant to MCL 257.961, as amended, authorizing the adoption of ordinances

governing the operation, parking without fees and speed of motor vehicles upon the

property of a community college district.

(Ord. 204. Passed 6-16-86. Ord. 595. Passed 3-17-03.)

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