Chapter 41 - Traffic

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 liquor and a controlled substance, or whether the person had 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 if the person is less than 21 years of age, whether the person had any bodily alcohol content within his or her body. As used in this section, 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 part of a generally recognized religious service or ceremony.

(8) If a chemical test described in Subsection (6) is administered, the test results shall be made available to the person charged or the person's attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.

(9) Except in a prosecution relating solely to a violation of MCL 257.625(1)(b) or (6), or UTC Sec. 5.15(1)(b) or (4), the amount of alcohol in the driver's blood, breath, or urine at the time alleged as shown by chemical analysis of the person's blood, breath, or urine gives rise to the following presumptions:

( a ) If there were at the time 0.07 grams or less of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor, and that the defendant was not under the influence of intoxicating liquor.

( b ) If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a vehicle was impaired within the provisions of MCL 257.625(3) or UTC Sec. 5.15(3) due to the consumption of intoxicating liquor.

( c ) If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 liters of the defendant's breath, or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor.

(10) A person's refusal to submit to a chemical test as provided in Subsection (6) is admissible in a criminal prosecution for a crime described in MCL 257.625c(1), UTC Sec. 5.15c(1), only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence or guilt. The jury shall be instructed accordingly.

UTC SEC. 515b: ARRAIGNMENT OF PERSON ARRESTED FOR MISDEMEANOR VIOLATION; PRETRIAL CONFERENCE; ADVISING ACCUSED OF MAXIMUM PENALTY BEFORE ACCEPTANCE OF PLEA; SCREENING, ASSESSMENT, AND REHABILITATIVE SERVICES; ACTION BY SECRETARY OF STATE PENDING APPEAL.

(1) A person arrested for a misdemeanor violation of Section MCL 257.625(1), (3), (6), or (7) or Section MCL 257.625m or a local ordinance substantially corresponding to Section MCL 257.625(1), (3), or (6) or Section MCL 257.625m shall be arraigned on the citation, complaint, or warrant not more than 14 days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than 14 days after the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The time limit does not apply to a violation of Section MCL 257.625(1) or (3) or Section MCL 257.625m punishable as a felony or a violation of Section MCL 257.625(1), (3), (6), or (7) or Section MCL 257.625m joined with a felony charge.

(2) The court shall schedule a pretrial conference between the prosecuting attorney, the defendant, and the defendant's attorney in each case in which the defendant is charged with a misdemeanor violation of Section MCL 257.625(1), (3), (6), or (7) or Section MCL 257.625m or a local ordinance substantially corresponding to Section MCL 257.625(1), (3), or (6) or Section MCL 257.625m. The pretrial conference shall be held not more than 35 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 35 days after the issued or reissued arrest warrant is served, whichever is later. If the court has only one judge who sits in more than one location in that district, the pretrial conference shall be held not more than 42 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 42 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit. The 35- and 42-day time limits do not apply to a violation of Section MCL 257.625(1) or (3) or Section MCL 257.625m joined with a felony charge. The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference. The court may adjourn the pretrial conference upon the motion of a party for good cause shown. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days.

(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, the court shall finally adjudicate, by a plea of guilty or nolo contendere, entry of a verdict, or other final disposition, a case in which the defendant is charged with a misdemeanor violation of Section MCL 257.625(1), (3), (6), or (7) or Section MCL 257.625m or a local ordinance substantially corresponding to Section MCL 257.625(1), (3), or (6) or Section MCL 257.625m, within 77 days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more than 77 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The 77-day time limit does not apply to a violation of Section MCL 257.625(1) or (3) or Section MCL 257.625m punishable as a felony or a violation of Section MCL 257.625(1), (3), (6), or (7) or Section MCL 257.625m joined with a felony charge.

(4) Before accepting a plea of guilty or nolo contendere under Section MCL 257.625 or a local ordinance substantially corresponding to Section MCL 257.625(1), (2), (3),or (6), the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the Secretary of State under Section 204a.

(5) Before imposing sentence for a violation of Section MCL 257.625(1), (3), (4), (5), (6), or (7) or a local ordinance substantially corresponding to Section MCL 257.625(1), (3), or (6), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. Except as otherwise provided in this subsection, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs as part of the sentence. If the person has one or more prior convictions, the court shall order the person to participate in and successfully complete one or more appropriate rehabilitative programs as part of the sentence. The person shall pay for the costs of the screening, assessment, and rehabilitative services.

(6) If the judgment and sentence are appealed to circuit court, the court may ex parte order the Secretary of State to stay the suspension, revocation, or restricted license issued by the Secretary of State pending the outcome of the appeal.

UTC SEC. 5.15c: CONSENT TO CHEMICAL TESTS; PERSONS NOT CONSIDERED TO HAVE GIVEN CONSENT TO WITHDRAWAL OF BLOOD; ADMINISTRATION OF TESTS.

(1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her blood, breath or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine or the amount of alcohol in his or her breath in all of the following circumstances:

( a ) If the person is arrested for a violation of Section MCL 257.625(1), (3), (4), (5), (6), or (7), Section MCL 257.625a(5), or Section MCL 257.625m or a local ordinance substantially corresponding to Section MCL 257.625(1), (3), or (6), Section MCL 257.625a(5), or Section MCL 257.625m.

( b ) If the person is arrested for felonious driving, negligent homicide, manslaughter, or murder resulting from the operation of a motor vehicle, and the peace officer had reasonable grounds to believe the person was operating the vehicle while impaired by or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance, or while having 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 if the person is less than 21 years of age while having a bodily alcohol content. As used in this subdivision, "any bodily alcohol content" means either of the following:

( i ) 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.

( ii ) Any presence of alcohol within a person=s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as part of a generally recognized religious service or ceremony.

(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.

(3) The tests shall be administered as provided in Section MCL 257.625a(6).

UTC SEC. 5.15d: REFUSAL OF CHEMICAL TEST -- RIGHT OF DRIVER; REPORT TO SECRETARY OF STATE.

(1) If a person refuses a peace officer's request to submit to a chemical test offered pursuant to MCL 257.625a(6) or UTC Sec. 5.15a(6), a test shall not be given without a court order, but the officer may seek to obtain the court order.

(2) A written report shall immediately be forwarded to the Secretary of State by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in MCL 257.625c(1) or UTC Sec. 5.15c(1), and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the Secretary of State.

UTC SEC. 5.15e: REFUSAL TO SUBMIT TO CHEMICAL TESTS; NOTICE OF REPORT; REQUEST FOR HEARING; COUNSEL.

(1) If a person refuses to submit to a chemical test pursuant to MCL 257.625d or UTC Sec. 5.15d, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in MCL 257.625f or UTC Sec. 5.15f. The form of the notice shall be prescribed and furnished by the Secretary of State.

(2) The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.

UTC SEC. 5.15f: EFFECT OF FAILURE TO REQUEST HEARING; HEARING PROCEDURE; NOTICE, APPEAL, NOTICE TO MOTOR VEHICLE ADMINISTRATOR OF ANOTHER STATE.

(1) If a person who refuses to submit to a chemical test pursuant to MCL 257.625d or UTC Sec. 5.15d does not request a hearing within 14 days after the date of notice pursuant to MCL 257.625e or UTC 5.15e, the Secretary of State shall impose the following license sanctions:

( a ) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege, for six months, or for a second or subsequent refusal within a period of seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the Secretary of State shall not issue the person a license or permit for six months, or for a second or subsequent refusal within a period of seven years, for one year.

( b ) If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person's operator's or chauffeur's license or permit, or nonresident privilege to operate a commercial motor vehicle, or if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for one year.

( c ) If the person was operating a commercial motor vehicle, for the second or subsequent refusal that occurred in a separate incident from, and within 10 years of a prior refusal, revoke all vehicle group designations on the person's operator's or chauffeur's license or permit, or nonresident privilege to operate a commercial motor vehicle, or if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for not less than 10 years and until the person is approved for the issuance of a vehicle group designation.


( d ) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in MCL 257.625c or UTC Sec. 5.15c, other than a violation of MCL 257.625a(5) or UTC Sec. 5.15a(5), or MCL 257.625m or UTC Sec. 5.15h, impose the license sanction described in subdivision (a) and the license sanction described in subdivision (b) or ( c ), as applicable.

(2) If a hearing is requested, the Secretary of State shall hold the hearing in the same manner and under the same conditions as provided in MCL 257.322. Not less than five days notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under MCL 257.625d or UTC Sec. 5.15d, and if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the county where the arrest was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable request for an adjournment. Not more than one adjournment shall be granted to a party and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest for the violation. The hearing officer shall not impose any sanctions for a failure to comply with this time limit.

(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence, or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, a hearing shall be finally adjudicated within 77 days after the date of arrest. The hearing officer shall not impose any sanctions for a failure to comply with this time limit.

(4) The hearing shall cover only the following issues:

( a ) Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in MCL 257.625c(1) or UTC Sec. 5.15c(1).

( b ) Whether the person was placed under arrest for a crime described in MCL 257.625c(1) or UTC Sec. 5.15c(1).

( c ) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.

( d ) Whether the person was advised of the rights under MCL 257.625a(6) or UTC Sec. 5.15a(6).

(5) A person shall not order a hearing officer to make a particular finding on any issue enumerated in Subsections (4) (a) to (d).

(6) The hearing officer shall make a record of a hearing held pursuant to this section. The record shall be prepared and transcribed in accordance with Section 86 of the Administrative Procedures Act of 1969, Act No. 306 of the Public Acts of 1969, being Section 24.286 of the Michigan Compiled Laws. Upon notification of the filing of a petition for judicia review pursuant to MCL 257.323 and not less than 10 days before the matter is set for review, the hearing officer shall transmit to the court in which the petition was filed the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order the issuance of a restricted license. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.

(7) If the person who requested a hearing does not prevail, the Secretary of State shall impose the following license sanctions after the hearing:

( a ) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or nonresident operating privilege of the person for six months, or for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the Secretary of State shall not issue the person a license or permit for six months, or for a second or subsequent refusal within seven years, for one year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in MCL 257.323.

( b ) If the person was operating a commercial motor vehicle, impose the sanction prescribed under Subsection (1) (b) or (1) ( c ), as applicable. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in MCL 257.323.

( c ) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in MCL 257.625c or UTC Sec. 5.15c, other than a violation of MCL 257.625a(5) or UTC Sec. 5.15a(5), or MCL 257.625m or UTC Sec. 5.15h, impose the license sanctions described in subdivisions (a) and (b).

(8) If the person who requested the hearing prevails, the peace officer who filed the report under MCL 257.625d or UTC Sec. 5.15d may, with the consent of the prosecuting attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer as provided in MCL 257.323.

(9) When it has been finally determined that a nonresident's privilege to operate a vehicle in the state has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of each state in which he or she has a license to operate a motor vehicle.

UTC SEC. 5.15g: DUTIES OF PEACE OFFICER IF PERSON REFUSES CHEMICAL TEST OR IF TEST REVEALS UNLAWFUL ALCOHOL CONTENT.

(1) If a person refuses a chemical test offered pursuant to section [MCL 257.625a(6)] or submits to a chemical test or a chemical test is performed pursuant to a court order and the test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the following:

( a ) On behalf of the Secretary of State, immediately confiscate the person's license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the Secretary of State.

( b ) Except as provided in Subsection (2), immediately do all of the following:

(i) Forward a copy of the written report of the person's refusal to submit to a chemical test required under section [MCL 257.625d] to the Secretary of State.

(ii) Notify the Secretary of State by means of the law enforcement information network that a temporary license or permit was issued to the person.

(iii) Destroy the person's driver license or permit.

(2) If a person submits to a chemical test offered pursuant to section [MCL 257.625a(6)] that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to the test shall comply with Subsection (1) (a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately comply with Subsection (1) (b). If the report does not reveal an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person's license or permit by first-class mail to the address given at the time of arrest.

(3) A temporary license or permit issued under this section is valid for one of the following time periods:

(a) If the case is not prosecuted, for 90 days after issuance or until the person=s license or permit is suspended pursuant to section [MCL 257.625f], whichever occurs earlier. The prosecuting attorney shall notify the Secretary of State if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the Secretary of State if a case is not referred to the prosecuting attorney for prosecution.

(b) If the case is prosecuted, until the criminal charges against the person are dismissed, the person is acquitted of those charges, or the person=s license or permit is suspended, restricted, or revoked.

(4) As used in this section, "unlawful alcohol content" means any of the following, as applicable:

(a) If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b) If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) If the person tested is not a person described in Subsection (a) or (b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

UTC SEC. 5.15h: OPERATION OF COMMERCIAL VEHICLE BY PERSON WITH AN ALCOHOL CONTENT OF 0.04 GRAMS OR MORE BUT NOT MORE THAN 0.07 GRAMS PER 100 MILLILITERS OF BLOOD, PER 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE; ARREST AT TIME OF ACCIDENT; VIOLATION AS MISDEMEANOR; SENTENCE; PRIOR CONVICTION DEFINED.

(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine shall not operate a commercial motor vehicle within this state.

(2) A peace officer may arrest a person without a warrant if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a commercial motor vehicle involved in the accident and was operating the vehicle in violation of MCL 257.725m or this section.

(3) A person who is convicted of a violation of MCL 257.625m or this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $300.00, or both, together with costs of the prosecution. As part of the sentence, the court shall order the Secretary of State to suspend the vehicle group designations on the person's operator's or chauffeur's license pursuant to MCL 257.319b(1)(C) or, if the vehicle was carrying hazardous material required to have a placard pursuant to 49 C.F.R. parts 100 to 199 in accordance with MCL 57.319b(1)(d). The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle.

(4) A person who violates MCL 257.625m or this section within 10 years of a prior conviction may be sentenced to imprisonment for not more than one year or a fine of not more than $1,000.00 or both. As part of the sentence, the court shall order the Secretary of State to revoke the vehicle group designations on the person's operator's or chauffeur's license pursuant to MCL 257.319b(1)(e). The court shall not order the Secretary of State to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this subsection, "prior conviction" means a conviction for a violation of this section, MCL 257.625m and MCL 257.625(1), (3), (4) or (5), former MCL 257.625(1) or (2), or former MCL 257.625(1) or (3), former MCL 257.625(1) or (2), or former MCL 257.625b, or a law of another state substantially corresponding to this section, MCL 257.625(1), (3), (4), or (5), former MCL 257.625(1) or (2), or former MCL 257.625b, while operating a commercial motor vehicle.

(5) When assessing points and taking license actions under this ordinance, the Secretary of State and the court shall treat a conviction for an attempted violation of Subsection (1) or MCL 257.625m(1), or a law of another state substantially corresponding to Subsection (1) or MCL 257.625m(1) the same as if the offense had been committed.

R28.1416b SECTION 5.16b TRANSPORTING OR POSSESSING LIQUOR WITHIN PASSENGER COMPARTMENT OF VEHICLE; VIOLATION PUNISHABLE AS MISDEMEANOR

Section 5.16b is hereby added to read as follows:

(1) Except as provided in Subsection (2), a person shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this Village.

(2) A person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this village, if the vehicle does not have a truck or compartment separate from the passenger compartment, the container is enclosed or encased, and the container is not readily accessible to the occupants of the vehicle.

(3) A person who violates this section is guilty of a misdemeanor.

(4) This section does not apply to passengers in a chartered vehicle authorized to operate by the Michigan Department of Transportation.

SECTION 5.62(a) is amended to read as follows:

(1) A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked and who has been notified as provided in section [MCL 257.212] of that suspension or revocation, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this Village.

(2) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under this act.

(3) Except as otherwise provided in this section, a person who violates Subsection (1) or (2) is guilty of a misdemeanor punishable as follows: For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the Secretary of State upon notification by a peace officer.

(4) Before a person is arraigned before a district court magistrate or judge on a charge of violating this section, the arresting officer shall obtain the person's driving record from the Secretary of State and shall furnish the record to the court. The driving record of the person may be obtained from the Secretary of State's computer information network.

(5) This section does not apply to a person who operates a vehicle solely for the purpose of protecting human life or property if the life or property is endangered and summoning prompt aid is essential.

(6) A person whose vehicle group designation is suspended or revoked and who has been notified as provided in section [MCL 257.212] of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided in this act, or who has never applied for a vehicle group designation and who operates a commercial motor vehicle within this state, except as permitted under this act, while any of those conditions existing is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not more than three days or more than 93 days or a fine of not more than $100.00 or both.

(7) For purposes of this section, a person who never applied for a license includes a person who applied for a license, was denied, and never applied again.

R28.1462b, SECTION 5.62b IMPOUNDMENT

Section 5.62b is hereby amended to read as follows:

(1) When a person is convicted under Section 5.62(a)(1) of operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked or denied, the motor vehicle, if it is owned in whole or in part by that person, shall be ordered impounded for not less than 30 days or more than 120 days from the date of judgment.

(2) An order of impoundment issued pursuant to Subsection (1) is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vehicle to the storage for insurance coverage purposes.

(3) The owner of a motor vehicle impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vehicle whether or not the vehicle is returned to him or her. The vehicle shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vehicle is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vehicle, the vehicle shall be considered an abandoned vehicle and disposed of as provided in Section 252.

(4) Nothing in this section affects the rights of a conditional vendor, chattel mortgagee or lessor of a motor vehicle registered in the name of another person as owner who becomes subject to this act.

SECTION 5.62( c ) is amended to read as follows:

(1) When a peace officer detains the driver of a motor vehicle for a violation of a law of this state or local ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:

(a) Immediately confiscate the vehicle's registration plate and destroy it.

(b) Issue a temporary vehicle registration plate for the vehicle in the same form prescribed by the Secretary of State for temporary registration plates issued under section [MCL 257.226a or .226b].

(c) Place the temporary vehicle registration plate on the vehicle in the manner required by the Secretary of State.

(2) A temporary vehicle registration plate issued under this section is valid until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those charges, or the person is found guilty of or is acquitted of those charges.

SECTION 5.62(e) is amended to read as follows:

(1) A court shall order a vehicle immobilized under section [MCL 257.904d] by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle. If a vehicle is immobilized under this section, the court may order the vehicle stored at a location and in a manner considered appropriate by the court. The court may order the person convicted of violating section [MCL 257.625] or a suspension, revocation, or denial under section [MCL 257.904] to pay the cost of immobilizing and storing the vehicle.

(2) A vehicle subject to immobilization under this section may be sold during the period of immobilization, but shall not be sold to a person who is exempt from paying a use tax under Section 3(3)(a) of the use tax act, 1937 PA 94, MCL 205.93 without a court order.

(3) A defendant who is prohibited from operating a motor vehicle by vehicle immobilization shall not purchase, lease, or otherwise obtain a motor vehicle during this immobilization period.

(4) A person shall not remove, tamper with, or bypass or attempt to remove, tamper with, or bypass a device that he or she knows or has reason to know has been installed on a vehicle by court order by vehicle immobilization or operate or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized.

(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 or both.

(6) To the extent that a local ordinance regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the local ordinance is preempted.

(7) If a peace officer stops a vehicle that is being operated in violation of an immobilization order, the vehicle shall be impounded pending an order of a court of competent jurisdiction.

(8) The court shall require the defendant or a person who provides immobilization services to the court under this section to certify that a vehicle ordered immobilized by the court is immobilized as required. {Ord. 297, 10-30-99}

R 28.1805, Section 8.5 PARKING IN A MANNER THAT OBSTRUCTS TRAFFIC

Section 8.5 is hereby amended to read as follows:

(1) A person shall not park any vehicle on a street in a manner that leaves an insufficient width of the roadway available for free movement of vehicular traffic.

(2) A vehicle shall not be parked in an area purchased, acquired or used as a clear vision area adjacent to or on a highway right-of-way. A person shall not conduct vending or other commercial enterprises in a clear vision area.

(3) A person who violates this section is responsible for a civil infraction.

R28.1823a, Section 8.23a UNLAWFUL STANDING OR PARKING OF VEHICLE: WARRANT FOR ARREST: PROOF ESTABLISHING PROBABLE CAUSE; EVIDENTIARY PRESUMPTION

Section 8.23a is hereby amended to read as follows:

(1) Except as provided in Section 8.23a of this Code involving leased vehicles, in a prosecution of the violation of a local ordinance or State Statute relating to the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of the ordinance or State Statute, together with proof, by verifying ownership of the vehicle with the Secretary of State, that the defendant named in the complaint was at the time of the violation the registered owner of the vehicle creates in evidence a presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.

(2) This subsection does not apply to a violation which is a civil infraction.

R 28.1823b, Section 8.23b UNLAWFUL STANDING OR PARKING OF LEASED VEHICLES: EVIDENTIARY PRESUMPTION

Section 8.23b is hereby amended to read as follows:

(1) In a prosecution for a violation of section 8.23a of this Code involving a leased motor vehicle, proof that the particular vehicle described in the citation, complaint or warrant was used in the violation, together with proof that the defendant named in the citation, complaint or warrant, was the lessee of the vehicle at the time of the violation, constitutes in evidence a presumption that the lessee of the vehicle, not the registered owner, was the person who parked or placed the vehicle at the point and for the time during which the violation occurred.

(2) This section does not apply to a violation which is a civil infraction.

R 28.1903, Section 9.3 PENALTIES; CIVIL INFRACTION AND MISDEMEANOR

Section 9.3, subsection (2) is hereby amended to read as follows:

(2) Misdemeanor: Unless another penalty is expressly provided by the ordinances of this governmental unit, every person who is convicted of a misdemeanor violation of this code shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety days, or both, plus court costs.

R 28.2034, Section 10.34 OPERATING SNOWMOBILE UNDER INFLUENCE OF INTOXICATING LIQUOR OR A CONTROLLED SUBSTANCE

Section 10.34 is hereby amended to read as follows:

(1) A person shall not operate a snowmobile on public property or private property open to the public while under the influence of intoxicating liquor, a controlled substance as defined in Section 7104 of Act No. 368 of the Public Acts of 1978, as amended, being Section 3337104 of the Michigan Compiled Laws, or a combination of intoxicating liquor and a controlled substance.

(2) The owner or person in charge or in control of the snowmobile shall not authorize or knowingly permit the snowmobile to be driven or operated by a person who is under the influence of intoxicating liquor, a controlled substance as defined in Section 7104 of Act No. 368 of the Public Acts of 1978, as amended, or a combination of intoxicating liquor and a controlled substance.

(3) If a peace officer has reasonable cause to believe that a person was, at the time of an accident, the driver of a snowmobile involved in the accident and was driving the snowmobile while under the influence of intoxicating liquor, a controlled substance as defined in Section 7104 of Act No. 368 of the Public Acts of 1978, as amended, or a combination of intoxicating liquor and a controlled substance, the peace officer may arrest the alleged driver of the snowmobile without a warrant.

41.03 AMENDMENTS TO MICHIGAN VEHICLE CODE

The following sections and subsections of the Michigan Vehicle 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 Michigan Vehicle Code.

MCL 257.727 Section 727 PROCEDURE UPON ARREST

Section 727 is added to read as follows:

(1) If a person is arrested without a warrant in any of the following cases, the arrested person shall, without unreasonable delay, be taken before the magistrate who is nearest or most accessible within the judicial district as provided in Section 13 of Chapter IV of the Code of Criminal Procedure, Act No. 175 of the Public Acts of 1927, being Section 764.13 of the Michigan Compiled Laws, or, if a minor, before the probate court within the county in which the offense charged is alleged to have been committed:

(a) If the person is arrested upon a charge of negligent homicide.

(b) If the person is arrested under Section 5.15(1) or (3), or an ordinance substantially corresponding to Section 625(1) or (3).

(c) If a person is arrested under MCL 257.626 or an ordinance substantially corresponding to that section. If under the existing circumstances it does not appear that releasing the person pending the issuance of a warrant will constitute a public menace, the arresting officer may proceed as provided by MCL 257.728.

(d) If a person arrested does not have in his or her immediate possession a valid operator's or chauffeur's license or the receipt described in MCL 257.311a. If the arresting officer otherwise satisfactorily determines the identity of the person and the practicability of subsequent apprehension in the event of the person's failure to voluntarily appear before a designated magistrate or probate court as directed, the officer may release the person from custody with instructions to appear in court, given in the form of a citation as prescribed by Section 728.

MCL 257.732, Section 732 COURT RECORDS

Section 732 is hereby amended to read as follows:

(1) Each municipal judge and each clerk of a court of record shall keep a full record of every case in which a person is charged with or cited for a violation of this act or of a law corresponding to this act regulating the operation of vehicles on highways.

(2) Within 14 days after the conviction or forfeiture of bail of a person, or entry of a civil infraction determination, default judgment, 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 Law, upon a charge of, or citation for, violating this act or local ordinance corresponding to this act regulating the operation of vehicles on highways, and, for each case charging a violation of Section 5.15(1) or (3) in which the charge is dismissed or the defendant is acquitted, except as provided in Subsection (15), the municipal judge or clerk of the court of record shall prepare and immediately forward to the secretary of state an abstract of the record of the case for the court. The abstract shall be certified by signature, stamp, or facsimile signature by the person required to prepare the abstract to be true and correct. If a city or village department, bureau, or person is authorized to accept a payment of money as a settlement for a violation of a local ordinance corresponding to this act, the city, village department, bureau, or person shall send a full report of each case in which a person pays any amount of money to the city, village department, bureau, or person to the secretary of state upon form prescribed by the secretary of state.

(3) The abstract or report required under this section shall be made upon a form furnished by the secretary of state and shall include the name, address, and date of birth of the person charged or cited; the number of the person's operator's or chauffeur's license, if any; the date and nature of the violation; the type of vehicle driven at the time of the violation and if the vehicle is a commercial motor vehicle, that vehicle's group designation and endorsement classification; the date of the conviction, finding, forfeiture, judgment, or determination; whether bail was forfeited; any license revocation, restriction, suspension, or denial ordered by the court pursuant to this act; and other information considered necessary to the secretary of state.

(4) The clerk of the court also shall forward an abstract of the record of the court to the secretary is state upon the conviction of a person or entry of a 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, involving a violation of Section 324, 413, 414, or 479a of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, being Sections 750.324, 750.413, 750.414, and 750.479a of the Michigan Compiled Laws; a violation of Section 1 of Act No. 214 of the Public Acts of 1931, being Section 752.191 of the Michigan Compiled Laws; or an attempt to commit any of these offenses.

(5) Every person required to forward abstracts to the secretary of state under this section shall certify for the period from January 1 through June 30 and for the period from July 1 through December 31 that all abstracts required to be forwarded during the period have been forwarded. The certification shall be filed with the secretary of state not later than 28 days after the end of the period covered by the certification. The certification shall be made upon a form furnished by the secretary of state and shall include all of the following:

(a) The name and title of the person required to forward abstracts.

(b) The court for which the certification is filed.

(c) The time period covered by the certification.

(d) The following statement:

"I certify that all abstracts required by Section 732 of the Michigan Vehicle Code, MCL 257.732; MSA 9.2432, for the period through have been forwarded to the secretary of state."

(e) Other information the secretary of state considers necessary.

(f) The signature of the person required to forward abstracts.

(6) The failure, refusal, or neglect of a person to comply with this section shall constitute misconduct in office and shall be grounds for removal from office. 
(7) Excepts provided in Subsection (8), the secretary of state shall keep all abstracts received under this section at the secretary of state's main office and the abstracts shall be open for public inspection during the office's usual business hours. Each abstract shall be entered upon the master driving record of the person to whom it pertains.

(8) The court shall not submit, and the secretary of state shall discard and not enter on the master driving record, and abstract for a conviction, civil infraction determination, or probate court order of disposition for any of the following offenses:

(a) The parking or standing of a vehicle.

(b) The non-moving violation which is not the basis for the secretary of state's suspension revocation, or denial of an operator's or chauffeur's license.

(c) A violation of Chapter II which is not the basis for the secretary of state's suspension, revocation or denial of an operator's or chauffeur's license.

(d) A pedestrian, passenger, or bicycle violation.

(e) A violation of Section 710e.

(9) The secretary of state shall discard and not enter on the master driving record an abstract for a bond forfeiture which occurred outside this state. However, the secretary of state shall retain and enter on the master driving record an abstract of an out-of-state bond forfeiture for an offense which occurred after October 1, 1989, in connection with the operation of a commercial motor vehicle.

(10) The secretary of state shall inform the courts of this state of the non-moving violations and violations of Chapter II which are used by the secretary of state as the basis for the suspension, restriction, revocation or denial of an operator's or chauffeur's license.

(11) If a conviction, civil infraction determination, or probate court order of disposition is reversed upon appeal, the person whose conviction, determination, or order of disposition has been reversed may serve on the secretary of state a certified copy of the order of reversal, and the secretary of state shall enter the order in the proper book or index in connection with the record of the conviction, civil infraction determination, or probate court order of disposition.

(12) The secretary of state may permit a city or village department, bureau, person, or court to modify the requirement as to the time and manner of reporting a conviction, civil infraction determination, settlement, or probate court order of disposition to the secretary of state when the modification will increase the economy and efficiency of collecting and utilizing the records. If the permitted abstract of court record reporting a conviction, civil infraction determination, settlement, or probate court order of disposition originates as a part of the written notice to appear, authorized in Section 728(1) or 742(1), the form of the written notice and report shall be as prescribed by the secretary of state.

MCL 257.910 Section 910 CONVICTION

Section 910 is added to read as follows:

A conviction based on a plea of nolo contendere shall be treated in the same manner as a conviction based on a plea of guilty or a finding of guilt for all purposes under this act, except that neither the plea nor the conviction shall be admissible as substantive evidence of conduct at issued in a civil case arising out of the same occurrence.

41.04 MINOR WITH LIQUOR IN VEHICLES

(a) No person under the age of eighteen (18) years shall purchase or knowingly possess, transport or have under his control in any motor vehicle any alcoholic liquor unless said person is employed by a licensee under the Michigan Liquor Control Act, and is possessing, transporting or having such alcoholic liquor in a motor vehicle under his control during regular working hours and in the course of his employment.

(b) At any time within thirty (30) days following the conviction of any such person for the violation of the provisions of this section, which conviction has become final, complaint may be made by the arresting officer or his superior before the court from which was issued the warrant, which complaint shall be under oath and shall contain a description of the motor vehicle in which such alcoholic liquor was possessed or transported by the minor committing such offense and praying that the motor vehicle be impounded as provided in this section. 

(c) If the court determines upon hearing, from competent and relevant evidence, that at the time of commission of the offense the motor vehicle was being driven by the minor with the express or implied consent or knowledge of the owner, and that the use of the vehicle is not needed by the owner in the direct pursuit of his employment or the actual operation of his business, the court may authorize the impounding of the vehicle for a period to be determined by the court, of not less than fifteen (15) days nor more than thirty (30) days. The court's order authorizing the impounding of the vehicle may authorize any peace officer to take possession without process of the vehicle wherever located and to store the same in a public or private garage at the expense and risk of the owner of the vehicle.

No person shall knowingly transfer title to any motor vehicle for the purpose of avoiding the provisions of this section

41.05 PARKING, SCHOOL AREAS

No person shall stop, stand or park upon a parking lot or area owned by the School District of the City of Birmingham located within the Village of Beverly Hills except as the same may be permitted or licensed by the school district, provided that where limitations are imposed upon the use of any lot or area by said school district, such limitations shall be clearly posted so as to be visible to persons using such lot or area.

The provisions of this section shall be enforced by Public Safety Department or by such person or persons as shall be designated by Public Safety Director of Village of Beverly Hills.

41.06 AVAILABILITY

(a) A complete copy of the Uniform Traffic Code is available at the office of the Village Clerk for inspection by the public at all times.

(b) No further or additional publication of the Uniform Traffic Code is required or contemplated.

41.07 MOTOR CARRIER SAFETY REGULATIONS

(a) Motor Vehicle Carrier Safety Regulations Adoption by Reference with Indicated Changes. The Village of Beverly Hills Code of Ordinances is amended by adding Section 41.07 (A) entitled "Motor Carrier Safety Regulations" which shall adopt by reference Title 49 of the Code of Federal Regulations as of February 29, 1990, and as amended continuously, as adopted by the State of Michigan under Public Act No. 339 of 1990; Public Act 181; and Public Act No. 265 of 1995.

The Village of Beverly Hills does amend the above stated Act 339 to state that any Public Safety Officer of the Village of Beverly Hills, County of Oakland, State of Michigan can conduct a safety inspection and remove any vehicle from service that poses a safety hazard should operation of that vehicle continue.

The Village of Beverly Hills does further adopt any motor vehicle statutes under MCL 257 of the Michigan Motor Vehicle Code and MCL 480 of the Motor Carrier Safety Act pursuant to Motor Carrier Enforcement as well as any applicable statutes under Act 300 of the State of Michigan.

This governmental agency will recognize violations as misdemeanors under these previously stated statutes.

(b) Copy of the Code. A copy of Title 49 of the Code of Regulations as adopted by the State of Michigan in Public Act 339 of 1990 and any future amendements to Title 49 applicable to this Ordinance shall be on file with the Village Clerk for review by the general public.

41.08 VIOLATIONS

(a) Civil Infraction: A violation of this code or rules substantially corresponding to the act that is designated a civil infraction is not a crime and shall not be punishable by imprisonment or a penal fine. A civil infraction shall not be considered a lesser included offense of any criminal offense.

(b) Misdemeanor: Unless another penalty is expressly provided by the ordinances of this governmental unit, every person who is convicted of a misdemeanor violation of any provision of this code shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than nine (90) days, or both, plus court costs.

41.09 CODE ADOPTED

The Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923 and as subsequently amended, is adopted by reference. References in the Michigan Vehicle Code to "local authorities" shall mean the Village of Beverly Hills. (Ord. 308; 6-1-02}