Bill Text: MI HB5598 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Counties; ordinances; uniform traffic code; authorize counties to adopt. Amends title & secs. 1, 2, 3, 4 & 5 of 1956 PA 62 (MCL 257.951 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-08 - Printed Bill Filed 05/04/2012 [HB5598 Detail]

Download: Michigan-2011-HB5598-Introduced.html

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HOUSE BILL No. 5598

 

May 3, 2012, Introduced by Rep. Zorn and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     A bill to amend 1956 PA 62, entitled

 

"An act to authorize the director of the department of state police

to promulgate a uniform traffic code; to authorize a city,

township, or village to adopt the uniform traffic code by reference

without publication in full; and to prescribe criminal penalties

and civil sanctions for violation of the code,"

 

by amending the title and sections 1, 2, 3, 4, and 5 (MCL 257.951,

 

257.952, 257.953, 257.954, and 257.955), section 1 as amended by

 

2006 PA 297 and section 5 as added by 2000 PA 95.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to authorize the director of the department of state

 

police to promulgate a uniform traffic code; to authorize a county,

 

city, township, or village to adopt the uniform traffic code by

 

reference without publication in full; and to prescribe criminal

 

penalties and civil sanctions for violation of the code.

 

     Sec. 1. (1) A county, city, township, or village may adopt by

 

reference a code or ordinance for the regulation of traffic within

 

counties, cities, townships, and villages that has been promulgated

 

by the director of the department of state police. The director of

 

the department of state police may promulgate a uniform traffic

 

code in compliance with the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328.

 

     (2) A county, city, township, or village, with the consent of,

 

or at the request of, a person who is in charge of a parking lot,

 

whether or not that parking lot is open to the general public, may

 

contract with that person for the county, city, township, or

 

village to enforce provisions of the uniform traffic code or

 

ordinance adopted under this section in that parking lot. A peace

 

officer may enter upon a private road that is accessible to the

 

general public to enforce provisions of an ordinance adopted under

 

this section if signs meeting the requirements of the Michigan

 

manual of uniform traffic control devices are posted on the private

 

road. The owner or person in charge of the private road is

 

responsible for the posting of signs under this subsection. Nothing

 

in this subsection shall be considered to affect a contract entered

 

into between a city, township, or village and the person in charge

 

of a private road before the effective date of the amendatory act

 

that added this sentence. July 20, 2006. In addition, nothing in

 

this subsection shall be considered to affect a contract entered

 

into between a county and the person in charge of a private road

 

before the effective date of the amendatory act that added this

 

sentence. As used in this subsection, "person" means an individual,

 

corporation, association, partnership, or other legal entity.

 

     (3) A uniform traffic code promulgated by the director of the

 

department of state police under this section shall specify whether

 

a person who violates a particular provision of the code is guilty

 

of a misdemeanor or is responsible for a civil infraction. The

 

director may establish civil sanctions for civil infractions,

 

except that a civil sanction in excess of that prescribed in the

 

vehicle code is in conflict with that act and is void to the extent

 

of the conflict. The uniform traffic code shall not impose a

 

criminal penalty for an act or omission that is a civil infraction

 

under the vehicle code.

 

     (4) Violation of a provision designated a civil infraction in

 

the uniform traffic code shall be processed in the same manner as a

 

civil infraction under the vehicle code.

 

     (5) Notwithstanding the requirements of the uniform traffic

 

code, a sign designating a parking space for persons with

 

disabilities shall be 12 inches by 18 inches or larger and shall be

 

either blue or white and at a minimum contain the international

 

handicapped symbol in contrasting colors of either blue or white in

 

the center of the sign.

 

     (6) The provisions of the uniform traffic code promulgated

 

pursuant to this act that relate to driving while under the

 

influence of an alcoholic beverage or driving with impaired ability

 

shall be identical to the provisions of sections 625 to 625m of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625 to 257.625m.

 

     (7) For purposes of this section, "vehicle code" means the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     Sec. 2. The code or ordinance passed shall clearly identify

 

the code adopted by reference. The code need not be published in

 

full. Publication of the code or ordinance shall be supplemented by

 

a notice of the purpose of the code and the fact that a complete

 

copy of the code is available for inspection by the public at the

 

office of the county, city, township, or village clerk.

 

     Sec. 3. If the commissioner director of the department of

 

state police shall thereafter amend such amends the code, any a

 

county, city, township, or village which that has adopted such the

 

code by reference may adopt such the amendment by reference by the

 

same procedure as required for the adoption of the original code,

 

or such the amendment may be adopted by enacting an ordinance

 

setting forth the entire text of such the amendment.

 

     Sec. 4. Upon adoption of the code by reference, the county,

 

city, township, or village clerk shall maintain in his or her

 

office a copy of the code for inspection by the public or a person

 

charged under the code.

 

     Sec. 5. (1) A civil fine imposed upon a person for a violation

 

of a code or ordinance regulating the operation of a commercial

 

vehicle adopted by a county, city, township, or village under

 

section 1 shall be paid to the county treasurer and shall be

 

allocated as follows:

 

     (a) Seventy percent to the county, city, township, or village

 

in which the citation is issued.

 

     (b) Thirty percent for library purposes as provided by law.

 

     (2) This section does not apply to a case in which the

 

citation is dismissed pursuant to subsection (3).

 

     (3) The owner or operator of a commercial motor vehicle shall

 

not be issued more than 1 citation for each violation of a code or

 

ordinance regulating the operation of a commercial motor vehicle

 

and substantially corresponding to a provision of sections 683 to

 

725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to

 

257.725a, within a 24-hour period. If the owner or operator of a

 

commercial motor vehicle is issued a citation for an equipment

 

violation that does not result in the vehicle being placed out of

 

service, the court shall dismiss the citation if the owner or

 

operator of that commercial motor vehicle provides written proof to

 

the court within 14 days after the citation is issued showing that

 

the defective equipment indicated in the citation has been

 

repaired.

 

     (4) In order to be classified as a motor carrier enforcement

 

officer, a police officer must have training equal to the minimum

 

training requirements, including any annual training updates,

 

established by the department of state police for an officer of the

 

motor carrier division of the department of state police. A police

 

officer who has received training equal to these minimum training

 

requirements before the effective date of this section May 15, 2000

 

is considered a motor carrier enforcement officer for purposes of

 

this act.

 

     (5) As used in this section:

 

     (a) "Commercial vehicle" means that term as defined in section

 

7 of the Michigan vehicle code, 1949 PA 300, MCL 257.7.

 

     (b) "Operation" means being in actual physical control of a

 

vehicle regardless of whether or not the person is licensed under

 

the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, as an

 

operator or chauffeur.

 

     (c) "Out of service" means that process established under the

 

motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to

 

480.22.480.25.

 

     (d) "Person" means every natural person, partnership,

 

association, or corporation and their legal successors.