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Chapter 92 TRAFFIC AND VEHICLES* Article I. In General Secs. 92-1—92-13. Reserved. Article II. Michigan Vehicle Code Sec. 92-14. Code adopted. Sec. 92-15. References in code. Sec. 92-16. Notice to be published. Sec. 92-17. Penalties. Secs. 92-18—92-30. Reserved. Article III. Uniform Traffic Code Sec. 92-31. Code and amendments and revisions adopted. Sec. 92-32. References in code. Sec. 92-33. Changes in code. Secs. 92-34—92-50. Reserved. Article IV. Junk Vehicles Sec. 92-51. Title. Sec. 92-52. Purpose. Sec. 92-53. Definitions. Sec. 92-54. General prohibition. Sec. 92-55. Storage requirements and prohibitions. Sec. 92-56. Notice of violation; removal; impounding; penalty. Secs. 92-57—92-70. Reserved. Article V. Local Parking Restrictions Sec. 92-71. Parking restrictions. Sec. 92-72. Snow emergency. Sec. 92-73. Parking violations bureau; minimum parking fines. Secs. 92-74—92-99. Reserved. Article VI. Electric Scooters and Bikes Sec. 92-100. Purpose. Sec. 92-101. Definitions. Sec. 92-102. Rules and regulations. Sec. 92-103. Registration. Sec. 92-104. Enforcement. *State law references—Michigan Vehicle Code, MCL 257.1 et seq.; regulations by local authorities, MCL 257.605, 257.606, 257.610. Supp. No. 8 CD92:1 TRAFFIC AND VEHICLES § 92-71 (i) Within 50 feet of the nearest rail of a (ii) A special registration plate issued railroad crossing; under section 803d of the Michigan (j) Within 20 feet of the driveway entrance Vehicle Code to a disabled person. to any fire station and on the side of the (iii) A similar certificate of identifica- street opposite the entrance to any fire tion or windshield placard issued by station within 75 feet of the entrance if another state to a disabled person. properly marked by an official sign; (iv) A similar special registration plate (k) Alongside or opposite any street excava- issued by another state to a disabled tion or obstruction, if the stopping, stand- person. ing, or parking would obstruct traffic; (v) A special registration plate to which (l) On the roadway side of a vehicle stopped a tab for persons with disabilities is or parked at the edge or curb of a street; attached issued under this act. (m) Upon a bridge or other elevated highway (t) In a clearly identified access aisle or structure or within a highway tunnel; access lane immediately adjacent to a (n) At a place where an official sign prohibits space designated for parking by persons stopping or parking; with disabilities; (o) Within 500 feet of an accident at which a (u) On a street or other area open to the police officer is in attendance, if the parking of vehicles that results in the scene of the accident is outside of a city vehicle interfering with the use of a or village; curb-cut or ramp by persons with dis- (p) In front of a theater; abilities; (q) In a place or in a manner that blocks (v) Within 500 feet of a fire at which fire immediate egress from an emergency apparatus is in attendance, if the scene exit conspicuously marked as an of the fire is outside a city or village. emergency exit of a building; However, volunteer fire fighters respond- (r) In a place or in a manner that blocks or ing to the fire may park within 500 feet hampers the immediate use of an immedi- of the fire in a manner not to interfere ate egress from a fire escape conspicu- with fire apparatus at the scene. A vehicle ously marked as a fire escape providing parked legally previous to the fire is an emergency means of egress form a exempt from this subdivision; building; (w) In violation of an official sign restricting (s) In a parking space clearly identified by the period of time for a manner of park- an official sign as being reserved for use ing; by disabled persons that is on public property or private property available for (x) In a space controlled or regulated by a public use, unless the individual is a meter on a public highway or in a publicly disabled person as described in section owned parking area or structure, if the 19a of the Michigan Vehicle Code or allowable time for parking indicated on unless the individual is parking the vehicle the meter has expired, unless the vehicle for the benefit of a disabled person. In properly displays one or more of the order for the vehicle to be parked in the items listed in section 675(8) of the parking space the vehicle shall display Michigan Vehicle Code; one of the following: (y) On a street or highway in such a way as (i) A certificate of identification or to obstruct the delivery of mail to a rural windshield placard issued under sec- mailbox obstruct the delivery of mail to a tion 675 of the Michigan Vehicle rural mailbox by a carrier of the United Code to a disabled person. States postal service; Supp. No. 7 CD92:13 § 92-71 MUSKEGON CITY CODE (z) In a place or in a manner that blocks the allowed parking on only one side of the use of an alley; street, but not on the paved portion of the terrace; (aa) In a place or in a manner that blocks access to a space clearly designated as a (LO8) In any public park, beach or other fire lane; public area between the hours of 11:00 (LO1) On those streets that have been signed p.m. and 5:00 a.m.; or marked for angle parking, a person (L09) From December 1 through March 1 of shall not stop, stand, or park a vehicle each year where parking is currently other than at the angle to the curb or allowed on both sides of the street, on edge of the roadway indicated by the street parking is modified as follows: signs or markings. The front of the vehicle must be nearest the curb or edge of a) Parking is allowed on the side of the roadway and the rear of the vehicle street with even numbered addresses nearest the travel portion of the roadway on even numbered calendar days or parking area (no backing in); between the hours of 7:00 a.m. and 5:00 p.m. (LO2) A person shall not stand or park a vehicle in a roadway other than parallel b) Parking is allowed on the side of the with the edge of the roadway, headed in street with odd numbered addresses the direction of lawful traffic movement, on odd numbered calendar days and with the right hand wheels of the between the hours of 7:00 a.m. and vehicle within 12 inches of the curb or 5:00 p.m. edge of the roadway, except otherwise c) Parking is allowed on both sides of provided in this part; the street all days between the hours (LO3) A person shall not stop, stand, or park of 5:00 p.m. and 7:00 a.m. a vehicle other than a bus in a bus stop or Where parking is currently allowed on other than a taxi cab in a taxi cab stand one side of the street only, parking is when the stop or stand has been officially allowed except between the hours of 2:00 designated and appropriately signed, a.m. and 6:00 a.m. except that the driver of a passenger vehicle may temporarily stop therein for In the downtown business areas: the purpose of, and while actually engaged a) Bounded by Shoreline Drive head- in, the expeditious loading or unloading ing easterly from Seventh Street to of passengers, if the stopping does not Spring Street, heading southerly on interfere with any bus or taxi cab waiting Spring Street from Shoreline Drive to enter or about to enter the zone; to Apple Avenue, heading westerly (LO4) On unimproved side or front yards of on Apple Avenue from Spring Street residential lots; to Muskegon Avenue, heading westerly on Muskegon Avenue from (LO5) Within 50 feet of a public boat launch; Apple Avenue to Ninth Street, and (LO6) Other than between painted lines in heading northerly on Ninth Street designated parking areas; to Western Avenue, heading westerly on Western Avenue from Ninth (LO7) Along or on any unpaved parkway, Street to Seventh Street, heading except where the same is used for a northerly on Seventh Street from driveway to enter private or public Western Avenue to Shoreline Drive; property. Parking on the terrace (i.e., the and area between the property line and the street) is permitted from December 1 b) On Third Street from Merrill Avenue through March 1 on those streets having to Muskegon Avenue. Supp. No. 7 CD92:14 TRAFFIC AND VEHICLES § 92-71 Parking is allowed except between the 3. A person who violates this section is hours of 2:00 a.m. and 6:00 a.m. responsible for a civil infraction. All signed parking restrictions apply all (LO12) No vehicle shall display a for sale days of the week. sign while parked on any public street or This section applies to every portion of property; every block of every city street. (LO13) No person shall drive or operate a (LO10) Commercial vehicle defined: Com- motor vehicle in any area or place other mercial vehicle includes all motor vehicles than the public streets and roadways or used for the transportation of passengers other such areas so designated for the for hire, or constructed or used for vehicular travel, and no person shall transportation of goods, wares or drive or operate a motor vehicle along or merchandise, and/or all motor vehicles upon any unpaved parkway except where designed and used for drawing other the same is used for a driveway to enter vehicles and not so constructed as to private or public property, nor shall any carry any load thereon either person drive or operate a motor vehicle independently or any part of the weight in any public park beach or other public of a vehicle or load so drawn: area, except in those areas designated for vehicular travel therein. 1. No commercial vehicle shall be parked upon any street or alley for (2) A person shall not move a vehicle not a period longer than two hours. owned by the person into a prohibited area or away from a curb a distance that makes the 2. No commercial vehicle shall be parking unlawful. parked at any angle to the line of the street or alley while loading or (3) A bus, for the purpose of taking on or unloading for a period longer than discharging passengers, may be stopped at a one hour. place described in subsection (1)(b), (d), or (f) or 3. No commercial vehicle shall be on the roadway side of a vehicle illegally parked parked at any angle to the line of in a legally designated bus loading zone. A bus, the street or alley where such vehicle for the purpose of taking on or discharging a would prohibit the free flow of traf- passenger, may be stopped at a place described fic. in subsection (1)(n) if the place is posted by and appropriate bus stop sign, except that a bus shall 4. No commercial vehicle shall be not stop at such a place if the stopping is parked in residential areas. specifically prohibited by the responsible local (LO11) Special provisions relating to trailers authority, the state transportation department, and semitrailers: or the director of the department of state police. 1. No unattached trailer or semitrailer (4) A person who violated this section is shall be parked on any street or responsible for a civil infraction. alley at any time except when it is (LO14) A person shall not allow a motor necessary to temporarily disconnect vehicle to stand on a highway or places such trailer or semitrailer for open to the public unattended without convenience in loading or unload- engaging the parking brake or placing ing. the vehicle in park, stopping the motor of 2. Streets in a business district may the vehicle, and removing and taking be designated on which no trailer possession of the ignition key. If the shall be stopped, parked or allowed vehicle is standing upon a grade, the to stand between the hours of 10:00 front wheels of the vehicle shall be turned a.m. and 6:00 p.m. to the curb or side of the highway. This Supp. No. 7 CD92:15 § 92-71 MUSKEGON CITY CODE section does not apply to a vehicle that is on any street during a declared snow standing in a place and is equipped with emergency and to transport the same to a remote start feature, if the remote start an impound facility designated by the feature is engaged. city. Towing, storage and impound fees (Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22- shall be charged to the owner of the 2016; Ord. No. 2376, 9-26-2017; Ord. No. 2394, vehicle and/or trailer impounded. All §§ 1, 2, 12-11-2018; Ord. No. 2396, § 1, 12-18- impounding fees shall be paid prior to 2018; Ord. No. 2397, § 1, 12-18-2018) the return of the vehicle or trailer to the State law references—Uniform Traffic Code, MCL owner. 257.951 et seq.; Michigan Vehicle Code, MCL 257.1 et seq. (c) In addition to liability for towing, storage Sec. 92-72. Snow emergency. and any other impound fees related to removal of a vehicle and/or trailer from (1) No parking during snow emergency. Except the street during a declared snow as otherwise provided in this article, no person emergency, the registered owner and/or shall park any vehicle and/or trailer on any driver of such vehicle may be ticketed for street during a declared snow emergency. Permits violation of this article. Such a violation for on-street parking issued under any ordinance shall constitute a civil infraction. or authority of the city shall not be valid during a declared snow emergency. (4) Termination. (2) Declaration of emergency. (a) Whenever the mayor, or in the absence of the mayor the vice mayor, or in the (a) In the interest of the public health, safety absence of both then the city manager, and welfare and at the request of appropri- finds the conditions which gave rise to a ate municipal staff, the mayor or, in snow emergency no longer exist, it shall his/her absence, the vice mayor or, if be terminated by notice given neither are available, the city manager substantially in the same manner it was may declare a snow emergency whenever declared. ice or snow has accumulated or is significantly likely to accumulate to such (b) In the absence of an official termination an extent as to impede safe travel upon of the snow emergency, the parking the city streets. prohibition shall be lifted on those streets where the city has completed snow plow- (b) Upon declaration of a snow emergency, ing from curb to curb for the length the city's designated representative shall thereof lying between two successive street immediately publicize the snow emergency intersections and the snow or sleet has and parking prohibition in a manner stopped. reasonably calculated to inform the public of the requirements of this article. The (c) In the absence of (a) or (b) above, the snow emergency shall be effective six snow emergency shall terminate automati- hours after its initial declaration and cally 48 hours after the effective time of publication. the declaration unless the emergency has been extended and notice of said (3) Time limit for removal of parked vehicle— extension has been given in substantially Impoundment conditions and penalties. the same manner the emergency was (a) Within six hours of the declaration of the first declared. snow emergency, any motor vehicle or (5) Presumption that owner parked vehicle or trailer on any street, road or avenue trailer. In any proceeding for a violation of this within the city shall be removed. chapter, proof that the motor vehicle or trailer (b) The city is hereby authorized to remove described in the complaint was parked in viola- any vehicle and/or trailer which is parked tion of such chapter, together with proof that the Supp. No. 7 CD92:16 TRAFFIC AND VEHICLES § 92-73 defendant named in the complaint was at the (6) Other parking restrictions remain in force. time of such violation the registered owner of Nothing contained in this article shall be construed such vehicle or trailer, shall constitute a presump- to permit parking at any time or place where it is tion that the registered owner of such vehicle or prohibited by any other provision of law. trailer was the person who parked such vehicle (Ord. No. 2331, 12-9-2014) or trailer at the point where and for the time during which such violation occurred. Sec. 92-73. Parking violations bureau; minimum parking fines. (1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established within the city a parking violations bureau to accept pleas of responsible in motor vehicle parking violation cases and to collect and retain fines and costs as prescribed by ordinance. (2) Upon pleading responsible or being found responsible by a court, the fines for parking violations shall be as follows: (2.1) Level 1 parking violations. Code 92-71(1) Offense LO1 Violation of angle parking/backed into space signs LO2 Too far from curb LO2 Parking facing traffic LO3 Loading zone, passenger zone (bus/taxi cab zone) w Parking overtime x Meter parking The penalties for level 1 parking violations are as follows: If paid within 14 days If paid after 14 days but If paid after 21 days but After 30 days before 21 days before 30 days $10.00 $20.00 $30.00 $60.00 (2.2) Level 2 parking violations. Code § 92-71(1) Offense a Parking on sidewalk b Blocking driveways c Within an intersection e In a crosswalk f Within 20 feet of a crosswalk or within 15 feet of property lines at intersection g Too close to a flashing beacon, stop sign, yield sign, traffic control signal, or other traffic sign h In a safety zone i Too close to railroad j Too close to fire station entrance k Parking: obstruct traffic m Parking on a bridge or in a tunnel n Posted prohibited parking; parking violation of any posted signs o Parking within 500 feet of an accident p Parking in front of a theater q Blocking emergency exits Supp. No. 7 CD92:17 § 92-73 MUSKEGON CITY CODE Code § 92-71(1) Offense r Blocking fire escape v Within 500 feet of a fire or fire apparatus (except volunteers and vehicles legally parked before the fire) y Obstruct mail delivery z Alley parking LO4 Front and side yard parking LO7 Parking on terrace or parkway LO9 2a—6a parking prohibited LO10 Commercial vehicles LO11 Unattached trailers and semitrailers LO12 Display of for sale sign while parked on city street or terrace Other violations L014 Unattended vehicles (running) The penalties for level 2 parking violations are as follows: If paid within 14 days If paid after 14 days but If paid after 21 days but If paid after 30 days before 21 days before 30 days $15.00 $30.00 $45.00 $70.00 (2.3) Level 3 parking violations. Code § 92-71(1) Offense d Too close to a fire hydrant l Double parking LO6 Parking outside the lines LO8 Parking in a public park after 11:00 p.m. and before 5:00 a.m. LO13 Prohibited off-road vehicular traffic Other violations in any city parks The penalties for level 3 parking violations are as follows: If paid within 14 days If paid after 14 days but If paid after 21 days but After 30 days before 21 days before 30 days $20.00 $40.00 $60.00 $80.00 (2.4) Level 4 parking violations. Code § 92-71(1) Offense LO5 Parking within 50 feet of a public boat launch The penalties for level 4 parking violations are as follows: If paid within 14 days If paid after 14 days but If paid after 21 days but After 30 days before 21 days before 30 days $55.00 $65.00 $75.00 $85.00 (2.5) Any other violation of the parking provisions which are not listed in the above schedules shall be considered level 2 parking violations and shall carry the penalties set forth above for level 2 violations, except that: a) Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking in a space reserved for persons with disabilities as defined in applicable state law shall carry a minimum of $105.00, which shall increase to $210.00 after the first 14 days after the violation, and $315.00 after 30 days; and Supp. No. 7 CD92:18 TRAFFIC AND VEHICLES § 92-102 b) Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall carry a minimum of $30.00, which shall increase to $60.00 after the first 14 days, after 21-30 days the violation will be $90.00 and $120.00 after 30 days. (Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22-2016; Ord. No. 2377, 9-26-2017) Secs. 92-74—92-99. Reserved. Operator means only persons over 14 years of age or those under 14 years of age but over 12 years of age and under direct visual supervision ARTICLE VI. ELECTRIC SCOOTERS AND of an adult who is in control of the operator. BIKES (Ord. No. 2415, § 2, 6-25-2019) Sec. 92-100. Purpose. Sec. 92-102. Rules and regulations. This article is to establish guidance in the The purpose of this article is to promote the interest of public safety. health, safety and welfare of persons operating electric scooters and electric bikes within the (1) Electric scooters and electric bikes may city, and to protect the safety of other users of be operated on local roads, public parks, roads and bike trials. and the bike path. (Ord. No. 2415, § 1, 6-25-2019) (2) Electric shooters and electric bikes shall not be operated on or alongside any Sec. 92-101. Definitions. sidewalk. Electric scooters are prohibited on all state trunk roads. For the purposes of this article, the following words and phrases shall have the following (3) Only persons over 14 years of age or meanings: those under 14 years of age but over 12 years of age and under direct visual supervision may operate an electric scooter Bike path means the sections of the Muskegon or electric bike. Lakeshore Trial, which follows the shore of Muskegon Lake and parallels Lakeshore Drive (4) Any person who operates an electric and Shoreline Drive, that lie within the city. scooter or electric bike on a public road must adhere to all applicable state and Direct visual supervision means direct visual local laws, regulations and ordinances, observation, by an adult who is in control of the including, but not limited to, those ban- operator, with the unaided or normally corrected ning the possession and use of alcoholic eye, where the observer is able to come to the beverages, and all other illegal drugs. In immediate aid of the operator. addition, no electric scooter or electric bike containing any open container of Electric bike means a bicycle with an integrated alcohol shall be operated on public roads. electric motor which can be used for propulsion. (5) The operator of an electric scooter or Electric bike does not include a vespa or moped- electric bike shall comply with all traffic like vehicles, motorcycles, dirt bikes, ORVs, gas rules and regulations adopted by the scooters, or any similar vehicle. State of Michigan and the city which governs the operation of motor vehicles. Electric scooter means a light two-wheeled electric vehicle on which the driver stands on the (6) An operator may not allow the number of floorboard or deck. Electric scooter does not people in or on an electric scooter or include a vespa or moped-like vehicles, electric bike at any one time to exceed motorcycles, dirt bikes, ORVs, gas scooters, or the maximum capacity specified by the any similar vehicle. manufacturer. The operator shall not Supp. No. 8 CD92:19 § 92-102 MUSKEGON CITY CODE allow passengers to ride on any part of an electric scooter or electric bike not designed to carry passengers. (7) In no instances shall an electric scooter be operated at a speed greater than ten miles per hour on the bike path. (8) No electric scooter or electric bike may be operated at a speed greater than reason- able and prudent for the existing condi- tions. (9) Electric scooters and electric bikes must be operated at the right edge of the roadway and must yield to all vehicular and pedestrian traffic. (10) Electric scooters and electric bikes are prohibited from parking on any sidewalk or any other location that impedes vehicular or foot traffic. All other park- ing rules and limits apply. (11) Electric scooters and electric bikes must have basic equipment supplied by the manufacturer. (Ord. No. 2415, § 3, 6-25-2019) Sec. 92-103. Registration. All electric scooters and electric bikes are subject to city registration requirements imposed upon bicycles. (Ord. No. 2415, § 4, 6-25-2019) Sec. 92-104. Enforcement. Violation of the provisions of this article shall constitute a civil infraction and carry a penalty of not less than a $100.00 fine for a first viola- tion, not less than a $250.00 fine for a first repeated violation, and not less than a $500.00 fine for a second repeated offense or any subsequent repeat offense. (Ord. No. 2415, § 5, 6-25-2019) Supp. No. 8 CD92:20
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