41.01 UNIFORM TRAFFIC CODE

41.02 AMENDMENTS TO UNIFORM TRAFFIC CODE

41.03 AMENDMENTS TO MICHIGAN VEHICLE CODE

41.04 MINORS WITH LIQUOR IN VEHICLES

41.05 PARKING SCHOOL AREAS

41.06 AVAILABILITY

41.07 MOTOR CARRIER SAFETY REGULATIONS

41.08 VIOLATIONS

41.09 CODE ADOPTED

41.01 UNIFORM TRAFFIC CODE

(a) Code and Amendments and Revisions Adopted. The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police, pursuant to the Administrative Procedures Act of 1969 PA 306, MCL 24.201 to 24.328, and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this State are incorporated by reference.

(b) References in Code. References in the Uniform Traffic Code for Cities, Townships, and Villages to a "governmental unit" shall mean the Village of Beverly Hills.

(c) Notice to be Published. The Village Clerk shall publish this Ordinance in the manner required by law and shall publish, at the same time, a notice stating the purpose of the Uniform Traffic Code for Cities, Townships, and Villages and the fact that a complete copy of the Code is available to the public at the Office of the Clerk for inspection.

(d) Purpose of Code. The purpose of such Code is to regulate the operation of vehicles, to provide for the regulation and use of streets, highways, and alleys and other public and semi-public places within the Village of Beverly Hills and to provide penalties for the violation of said Code. {Ord. 313; 6-25-03}

41.02 AMENDMENTS TO UNIFORM TRAFFIC CODE

The following sections and subsections of the Uniform Traffic Code for Cities, Townships and Villages are hereby amended as set forth and additional sections and subsections are added as indicated. Section numbers used in this ordinance shall refer to the like numbered sections in the Uniform Traffic Code.

R 28.1001, Section 1.1 WORDS AND PHRASES

Section 1.1 is hereby amended by adding new definitions to read as follows:

"Conviction" means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court order of disposition for a child found to be within the provisions of Chapter XIIA of Act No. 288 of the Public Acts of 1939, being Sections 712A.1 to 712A.28 of the Michigan Compiled Laws, on a traffic law violation charge, regardless of whether the penalty is rebated or suspended.

"Foreign vehicle" means a vehicle of a type required to be registered under this act and brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state.

"Former Section 625(1) or (2)" means Section 625(1) or (2) as amended by Act No. 391 of the Public Acts of 1978, Act No. 515 of the Public Acts of 1980, Act No. 309 of the Public Acts of 1982, or Act No. 109 of the Public Acts of 1987.

"Former Section 625b" means Section 625b as amended by Act No. 285 of the Public Acts of 1976, Act No. 515 of the Public Acts of 1980, Act No. 309 of the Public Acts of 1982, or Act No. 109 of the Public Acts of 1987.

"Law of another state" means a law or ordinance enacted by another state or by a local unit of government in another state.

"Prosecuting Attorney" except as the context otherwise requires, means the attorney general, the prosecuting attorney of a county, or the attorney representing a local unit of government.

"Revocation" means that the operator's or chauffeur's license and privilege to operate a motor vehicle on the public highways are terminated and shall not be renewed or restored until later of the following:

(a) The expiration of not less than 1 year after the license was revoked.

(b) The expiration of not less than 5 years after the date of a subsequent revocation occurring within 7 years after the date of a prior revocation.

If a license has been revoked, an application for a new license may be presented and acted upon by the secretary of state as provided in MCL 257.303.

When referring to a dealer license, "revocation" means that a person's authorization to engage in business as a dealer is terminated and shall not be restored or renewed, except that an application for a new license may be considered at the discretion of the secretary of state.

R 28.1105, Section 2.5 IMPOUNDING OF VEHICLES

Section 2.5 is hereby amended to read as follows:

(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 man-made 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.

(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 twenty-four (24) hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subdivision 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 ten (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 twenty-four (24) hours after the removal, and if the vehicle has not been redeemed within thirty (30) days and upon complaint from the towing service, the police agency shall send the notice within thirty (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:

1. The year, make, and vehicle identification number of the vehicle.

2. The location from which the vehicle was taken into custody.

3. The date on which the vehicle was taken into custody.

4. The name and address of the police agency which had the vehicle taken into custody.

5. The location where the vehicle is being held.

6. The procedure to redeem the vehicle.

7. The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the towing and daily storage fees.

8. 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.

9. A warning that the failure to redeem the vehicle or to request a hearing within twenty (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 twenty (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 2.5(b) and 2.5(c). 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 twenty (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 twenty (20) days after the disposition of the hearing described in Subsection (3), or if a hearing is not requested, not less than twenty (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 2.5(d).

(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 2.5(d), not less than thirty (30) days after public notice of the sale has been published.

R 28.1105a, Section 2.5a ABANDONED VEHICLE

Section 2.5a is hereby amended to read as follows:

(1) As used in this section, "abandoned vehicle" means a vehicle which has remained on public property or private property for a period of forty-eight (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:

1. The date and time the notice was affixed.

2. The name and address of the police agency taking the action.

3. The name and badge number of the police officer affixing the notice.

4. 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.

5. The year, make, and vehicle identification number of the vehicle, if available.

(3) If the vehicle is not removed within forty-eight (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 twenty-four (24) hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network.

(c) Within seven (7) 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:

1. The year, make, and vehicle identification number of vehicle if available.

2. The location from which the vehicle was taken into custody.

3. The date on which the vehicle was taken into custody.

4. The name and address of the police agency which had the vehicle taken into custody.

5. The business address of the custodian of the vehicle.

6. The procedure to redeem the vehicle.

7. The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.

8. 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.

9. A warning that the failure to redeem the vehicle or to request a hearing within twenty (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 twenty (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 2.5(b) and 2.5(c). 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 property 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 twenty (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 twenty (20) days after the disposition of the hearing described in Subsection (5) or, if a hearing is not requested, not less than twenty (20) days after the date of the notice, the police agency shall offer the vehicle for sale at a public sale, pursuant to Section 2.5(d), not less than thirty (30) days after public notice of the sale has been published.

Section 2.5(b) is hereby added as follows:

(1) The following court shall have jurisdiction to determine if a police agency has acted properly in processing a vehicle under Sections 2.5(a), 2.7(6) through (10), 2.6, or 2.5:

(a) The District Court.

(2) The court specified in the notice prescribed in Sections 2.5(a)(4)(c), 2.7(b), 2.6(4), or 2.5(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 Section 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 release of the vehicle under Section 2.5(a), 2.7, 2.6, or 2.5 shall be used to pay the towing and storage fees.

Section 2.5(c) is hereby added to read as follows:

(1) Upon receipt of a petition prescribed in Sections 2.5(a), 2.7, 2.6, or 2.5, 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 thirty (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 2.5.

(3) After the hearing the court shall make a decision which shall include 1 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 2.5, and an order providing a period of twenty (20) days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within twenty (20) days, the police agency shall dispose of the vehicle pursuant to Sections 2.7 or 2.5(d).

(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 2.5. 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(d) is hereby added to read as follows:

(1) A public sale for a vehicle which has been deemed abandoned under

Sections 2.5(a) or 2.6 or removed under Section 2.5, 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 2.5(a)(9) and 2.5(7), it shall be held not less than five (5) 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 priority:

(a) Towing and storage charges.

(b) Expenses incurred by the police agency.

(c) To the secured party, if any, in the amount of 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:

1. Paying the towing and storage charges.

2. 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 fifteen (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.

R28.1106, Section 2.6 TOWED VEHICLE

Section 2.6 is hereby amended to read as follows:

(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 (7) 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 2.5(a)(4)(c) to (9) shall apply.

R 28.1107, Section 2.7 REGISTERED ABANDONED SCRAP VEHICLES

Section 2.7 is hereby amended to read as follows:

(1) As used in this Section:

(a) "Registered abandoned scrap vehicles" means a vehicle which meets all of the following requirements:

1. Is on public or private property.

2. Is seven (7) or more years old.

3. 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.

4. Is not currently registered in this state and does not display current year registration plates from another state.

5. Is not removed within forty-eight (48) hours after a written notice as described in Section 2.5a(2)(b) is affixed to the vehicle.

(b) "Unregistered abandoned scrap vehicles" means a vehicle which meets all of the following requirements:

1. Is on public or private property.

2. Is seven (7) or more years old.

3. 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.

4. Is not currently registered in this state and does not display current year registration plates from another state.

5. Is not removed within forty-eight (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 (2) 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:

1. The year, make, and vehicle identification number, if available.

2. The date of abandonment.

3. The location of abandonment.

4. A detailed listing of the damage or the missing equipment.

5. The reporting officer's name and title.

6. The location where the vehicle is being held.

(d) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(3) Within twenty-four (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 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 (2) years. The two (2) photographs taken pursuant to Subsection (2)(b) shall be retained by the police agency for not less than two (2) 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 (2) 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:

1. The year, make, and vehicle identification number, if available.

2. The date of abandonment.

3. The location of abandonment.

4. A detailed listing of the damage or the missing equipment.

5. The reporting officer's name and title.

6. The location where the vehicle is being held.

(d) Within twenty-four (24) hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(e) Within seven (7) 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:

1. The year, make, and vehicle identification number, if available.

2. The location from which the vehicle was taken into custody.

3. The date on which the vehicle was taken into custody.

4. The name and address of the police agency which had the vehicle taken into custody.

5. The business address of the custodian of the vehicle.

6. The procedure to redeem the vehicle.

7. The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.

8. 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.

9. A warning that the failure to redeem the vehicle or to request a hearing within twenty (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 twenty (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 2.5(b) and 2.5(c). 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 twenty (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 twenty (20) days after the disposition of the hearing described in Subsection (7), or if a hearing is not requested, not less than twenty (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).

R 28.1110b, Section 2.10b CIVIL INFRACTION; TEMPORARY DETENTION; ACCIDENT CITATION; CITATION FORM AND PROCEDURE

Section 2.10b is hereby amended to read as follows:

(1) A police officer who witnesses a person violating this local ordinance, which violation is a civil infraction, may stop the person, detain the person temporarily for purposes of making a record of vehicle check, and prepare and subscribe, as soon as possible and as completely as possible, and original and three (3) copies of a written citation, which shall be a notice to appear in court for one or more civil infractions. If the police officer of the Village witnesses a person violating this local ordinance within that Village, City, Township, or County and that violation is a civil infraction, that police officer may pursue, stop, and detain the person outside the Village where the violation occurred for the purpose of exercising the authority and performing the duties prescribed in this section and Section 2.10, as applicable.

(2) A police officer may issue a citation to a person who is a driver of a motor vehicle involved in an accident when, based upon personal investigation, the officer has reasonable cause to believe that the person is responsible for a civil infraction in connection with the accident. A police officer may issue a citation to a person who is a driver of a motor vehicle when, based upon personal investigation by the police officer of a complaint by someone who witnessed the person violating this local ordinance, which violation is a civil infraction, the officer has reasonable cause to believe that the person is responsible for a civil infraction and if the prosecuting attorney or attorney for the political subdivision approves in writing the issuance of the citation.

(3) The form of a citation issued under Subsections (1) or (2) shall be as prescribed in Sections 727(c) and 743.

(4) The officer shall inform the person of the alleged civil infraction or infractions and shall deliver the third copy of the citation to the alleged offender.

(5) In a civil infraction action involving the parking or standing of a motor vehicle, a copy of the citation need not be served personally upon the defendant but may be served upon the registered owner by attaching the copy to the vehicle. A city may also authorize personnel other than a police officer to issue and serve a citation for a violation of its ordinance involving the parking or standing of a motor vehicle. State security personnel receiving authorization under Section 6c of Act No. 59 of the Public Acts of 1935, being Section 28.6c of the Michigan Compiled Law, may issue and serve citations for a violation involving the parking or standing of vehicles on land owned by the state or land of which the state is the lessee when authorized to do so by the directors of the Department of State Police.

(6) If a parking violation notice other than a citation is attached to a motor vehicle, and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by ordinance for the violation are not paid at the parking violations bureau, a citation may be filed with the court in compliance with Section 741(4) and a copy of the citation may be served by first class mail upon the registered owner of the vehicle at the owner's last known address. A parking violation notice may be issued by a police officer, including a limited duty officer, or other personnel duly authorized by the Village to issue such a notice under its ordinance. The citation filed with the court pursuant to this subsection need not comply in all particulars with Sections 727c and 743 but shall consist of a sworn complaint containing the allegations stated in the parking violation notice and shall fairly inform the defendant how to respond to the citation.

(7) A citation issued under subsections (5) or (6) for a parking or standing violation shall be processed in the same manner as a citation issued personally to a defendant pursuant to subsections (1) or (2).

(8) As used in subsection (6):

(a) "Parking violation notice" means a notice, other than a citation, directing a person to appear at a parking violations bureau in the city, village or township in which, or the college, or university for which the notice is issued and to pay the fine and costs, if any, prescribed by ordinance for the parking or standing of a motor vehicle in violation of the ordinance.

(b) "Parking Violations Bureau" means a parking violations bureau established pursuant to section 8395 of Act No. 236 of the Public Acts of 1961, as amended, being Section 600.8395 of the Michigan Compiled Laws, the violations bureau established within the traffic and ordinance division of the recorder's court of the City of Detroit, or a comparable parking violations bureau established in a city or village served by a municipal court or established pursuant to law by the governing board of a state university or college.

R 28.1110f, Section 2.10f CIVIL INFRACTIONS, INFORMAL HEARINGS; PROCEDURE; WITNESSES; APPEAL

Section 2.10f is hereby amended to read as follows:

(1) An informal hearing shall be conducted by a District Court Magistrate when authorized by the Judge or Judges of the District Court district, by a Referee of the Recorder's Court of the City of Detroit - Traffic and Ordinance Division, or by a Judge of a court listed in Section 741(2). A Referee or District Court Magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law at an informal hearing. The Judge, Referee, or District Court Magistrate shall conduct the informal hearing in an informal manner so as to do substantial justice according to the rules of substantive law but shall not be bound by the statutory provisions or rules of practice, procedure, pleading or evidence, except provisions relating to privileged communications. There shall not be a jury at an informal hearing. A verbatim record of an informal hearing shall not be required.

(2) At an informal hearing the person cited may not be represented by an attorney nor may the plaintiff be represented by the Prosecuting Attorney or attorney for a political subdivision.

(3) Notice of a scheduled informal hearing shall be given to the citing police agency, which agency may subpoena witnesses for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the District Court for the place where the hearing occurs, by the city or Village when the hearing involves an ordinance violation in a district where the District Court is not functioning, or by the County when the hearing involves a violation of this act in a district where the District Court is not functioning.

R 28.1110g, Section 2.10g CIVIL INFRACTION; FORMAL HEARINGS; PROCEDURE; FEES; COUNSEL; JUDGMENT

Section 2.10g is hereby amended to read as follows;

(1) A formal hearing shall be conducted only by a Judge of a court having jurisdiction over civil infraction actions under Section 741(2).

(2) In a formal hearing the person cited may be represented by an attorney, but is not entitled to appointed counsel at public expense.

(3) Notice of a formal hearing shall be given to the Prosecuting Attorney or attorney for the political subdivision who represents the plaintiff. That attorney shall appear in court for a formal hearing and that attorney shall be responsible for the issuance of a subpoena to each witness for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the District Court for the place where the hearing occurs, by the city or village when the hearing involves an ordinance violation in a district where the District Court is not functioning, or by the county when the hearing involves a violation of this act in a district where the District Court is not functioning.

(4) There shall not be a jury trial in a formal hearing.

(5) If the Judge determines by a preponderance of the evidence that the person cited is responsible for a civil infraction, the Judge shall enter an order against the person as provided in Section 907. Otherwise, a judgement shall be entered for the defendant, but the defendant shall not be entitled to costs of the action.

UTC SEC. 5.15 OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR CONTROLLED SUBSTANCE; OPERATING A MOTOR VEHICLE WHEN VISIBLY IMPAIRED; OPERATION OF A MOTOR VEHICLE BY PERSON LESS THAN 21 YEARS OF AGE; SANCTIONS; COSTS; ENHANCED SENTENCE; GUILTY PLEA OR NOLO CONTENDERE; ESTABLISHMENT OF PRIOR CONVICTION; SPECIAL VERDICT; PUBLIC RECORD; BURDEN OF PROVING RELIGIOUS SERVICE OR CEREMONY.

(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 Village if either of the following applies:

(a) The person is under the influence of intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance.

(b) The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(2) The owner of a 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 Village by a person who is under the influence of intoxicating liquor, a controlled substance or a combination of intoxicating liquor and a controlled substance, who has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or whose ability to operate the motor vehicle is visibly impaired due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating 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 Village when, due to the consumption of intoxicating liquor, a controlled substance, or a combination of intoxicating 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), 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 Village if the person has any bodily alcohol content. As used in this subsection Aany bodily alcohol content@ means either of the following:

( a ) An alcohol content of not less than 0.02 grams or more than 0.07 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 intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.

(5) A person, whether licensed or not, shall not operate a vehicle in violation of Subsection (4) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:

( a ) Community service for not more than 60 days.

( b ) A fine of not more than $500.

( c ) Imprisonment for not more than 93 days.

In the judgment of sentence under this section, the court may, unless the vehicle is ordered forfeited under section [MCL 257.625b] order vehicle immobilization as provided in section [MCL 257.904d].

(6) If a person is convicted for violating Subsection (1) the person is guilty of a misdemeanor punishable by one or more of the following:

( a ) Community service for not more than 45 days.

( b ) Imprisonment for not more than 93 days.

( c ) A fine of not less than $100 or more than $500.

(7) A person who is convicted of violating Subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100 or more than $500, or both.

(8) A person who is convicted of violating Subsection (3) is guilty of a misdemeanor punishable by one or more of the following:

( a ) Community service for not more than 45 days.

( b ) Imprisonment of not more than 93 days.

( c ) A fine of not more than $300.

(9) If a person is convicted of violating Subsection (4), all of the following apply:

( a ) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by one or more of the following:

( i ) Community Service for not more than 45 days.

( ii ) A fine of not more than $250.

( b ) If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or more of the following:

(i) Community service for not more than 60 days.

(ii) A fine of not more than $500.

(iii) Imprisonment of not more than 93 days.

(10) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 776.22.

(11) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person=s activities in that service.

(12) If a person is charged with a violation of Subsection (1), (3), or (5), or section [MCL 275.625m], 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.

(13) Except as otherwise provided in Subsection (15), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of Subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person with a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.

(14) Except as otherwise provided in Subsection (15), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of Subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person=s ability to operate a motor vehicle was visibly impaired at the time of the violation.

(15) A special verdict described in Subsections (13) and (14) is not required if a jury is instructed to make a finding solely as to either of the following:

( a ) Whether the defendant was under the influence of a controlled substance or a combination of intoxicating 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 intoxicating liquor and a controlled substance at the time of the violation.

(16) If a jury or court finds under Subsection (13), (14), or (15) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an intoxicating liquor, the court shall do both of the following:

( a ) Report the finding to the Secretary of State.

( b ) On a form or forms prescribed by the state court administrator, forward to the Department of State Police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under sections [MCL 257.625n] or [MCL 257.904d].

(17) Except as otherwise provided by law, a record described in Subsection (16) (b) is a public record and the Department of State Police shall retain the information contained on that record for not less than seven years.

(18) In a prosecution for a violation of Subsection (4), the defendant bears the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.

UTC SEC. 5.15a ARRESTS; PRELIMINARY CHEMICAL BREATH ANALYSIS; CHEMICAL TESTS AND ANALYSIS OF BLOOD, URINE OR BREATH -- RIGHTS AND CONSEQUENCES OF REFUSAL; USE OF CHEMICAL TEST RESULTS IN CIVIL OR CRIMINAL PROCEEDING; UNIFORM RULES FOR ADMINISTRATION OF CHEMICAL TESTS.

(1) A peace officer may arrest a person without a warrant when the peace officer has reasonable cause to believe the person was, at the time of an accident in this Village, the operator of a vehicle involved in the accident and was operating the vehicle in violation of MCL 257.625 (1), (3) or (6) or a local ordinance substantially corresponding to MCL 257.625 (1), (3) or (6), being UTC Sec. 5.15 (1), (3) or (4).

(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 Village, and that the person by the consumption of intoxicating 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 Village while the person's blood, breath, or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating 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 Village, while the person had any bodily alcohol content as that term is defined in MCL 257.625(6) or UTC Sec. 5.15(4), 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 pursuant to 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 MCL 257.625c(1), UTC Sec. 5.15c, or in an administrative hearing for one or more of the following purposes:

( i ) To assist the court or hearing officer 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.

( iii ) As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony or other evidence, including but not limited to testimony elicited on cross-examination of a prosecution witness, that is offered or elicited to prove that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered pursuant to Subsection (6).

( c ) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of MCL 257.625c, 625d, 625e and 625f or UTC Sec. 5.15c, 5.15d, 5.15e and 5.15f, for the purposes of chemical tests described in those sections.

( 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 under MCL 257.319d. A peace officer shall order out-of-service as required under MCL 257.319d 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 the use of other competent evidence by the peace officer to determine whether to order a person out-of-service under MCL 257.319d.

(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 be advised that refusal of a peace officer's request to take a test described in this section is a misdemeanor, punishable by imprisonment for not more than 90 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 90 days, or a fine of not more than $100.00, or both.

(6) The following provisions apply with respect to chemical tests and analysis if a persons' blood, urine, or breath, other than preliminary chemical breath analysis:

( a ) The amount of alcohol or presence of a controlled substance or both in a driver's blood or urine or the amount of alcohol in a person's breath at the time alleged as shown by chemical analysis of the person's blood, urine, or breath, is admissible into evidence in any civil or criminal proceeding.

( b ) A person arrested for a crime described in MCL 257.625c(1) or UTC Sec. 5.15c(1) shall be advised of all of the following:

( i ) If he or she takes a chemical test of his or her blood urine, or breath administered at the request of a peace officer, he or she has the right to demand that a person of his or her own choosing administer one of the chemical tests.

( ii ) The results of the test are admissible in a judicial proceeding as provided under this act and will be considered with other competent evidence in determining the defendant's innocence or guilt.

( iii )He or she is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his or her own request.

( iv ) If he or she refuses the request of a peace officer to take a test described in subparagraph ( I ), a test shall not be given without a court order, but the peace officer may seek to obtain such a court order.

( v ) Refusing a peace officer's request to take a test described in subparagraph ( i ) will result in the suspension of his or her operator's or chauffeur's license and vehicle group designation or operating privilege, and in the addition of six points to his or her driver record.

( c ) A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under Section 16215 of the Public Health Code, Act. No. 368 of the Public Acts of 1978, being Section 333.16215 of the Michigan Compiled Laws, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer's request to determine the amount of alcohol or presence of a controlled substance or both in the person's blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless the withdrawal or analysis is performed in a negligent manner.

( d ) A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in MCL 257.625c(1) or UTC Sec. 5.15c(1). A person who takes a chemical test administered at a peace officer's request as provided in this section shall be given a reasonable opportunity to have a person of his or her own choosing administer one of the chemical tests described in this subsection within a reasonable time after his or her detention. The test results are admissible and shall be considered with other competent evidence in determining the defendant's innocence or guilt. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.

( e ) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver's blood is withdrawn at that time for the purpose of medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or both in the person's blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subsection. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.

( f ) If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent's blood shall be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance, or both, in the decedent's blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident, and that agency shall forward the results to the Department of State Police.

( g ) The Department of State Police shall promulgate uniform rules under the Administrative Procedures Act of 1969, Act No. 306 of the Public Acts of 1969, being Sections 24.201 to 24.328 of the Michigan Compiled Laws, for the administration of chemical tests for the purposes of this section. An instrument used for preliminary chemical test described in this subsection if approved pursuant to rules promulgated by the Department of State Police.

(7) The provisions of Subsection (6) relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by, or under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liqu