ARTICLE I. IN GENERAL

114-1 Definitions.

(a)    The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a lane or passage set aside for public use in the rear of property abutting the street.

Authorized emergency vehicle means vehicles of the fire department (fire patrol), police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of police.

Bus stop means the area or space officially set aside within a roadway for the use of buses loading or unloading passengers.

Business district means the territory contiguous to highway when 50 percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.

Chief means the chief of police or other properly constituted police authority for the City of Pontiac.

Commercial vehicles means all vehicles used for the transportation of passengers for hire and those constructed or used for transportation of merchandise.

Contractor, or parking contractor, means an entity which holds a valid parking contract with the City of Pontiac.

Crosswalks means:

(1)    That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections; or

(2)    Any position of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Daytime means time between 30 minutes before sunrise and 30 minutes after sunset.

Department means the department of police of the City of Pontiac.

Double parking means the standing of a vehicle upon a highway outside of another vehicle which is parked at the curb.

Driver means every person who drives or is in actual physical control of a vehicle.

Fire lane means any route across public property or over private property which is requested by the owner and is open to the public and so designated by the chief of police upon certification to him by the fire chief that such route would normally be used by fire apparatus in attending a fire on such property and that it is necessary for the public safety that such route be open to access by fire apparatus.

Fire route means any street so designated by the chief, by rules, upon certification to him by the fire chief that such street is normally used by fire apparatus in attending fires.

Intersection shall mean the area embraced within the prolongation or connection of the lateral curblines, or if none, then the lateral boundary lines of the roadways of two highways, which join one another at or approximately at right angles, or the area within which vehicles travelling upon different highways joining at any other angle may come in conflict.

Laned street means a street or roadway which is divided into three or more clearly marked lanes for vehicular traffic.

Loading or unloading means the expeditious taking on or discharging of passengers or merchandise from vehicles.

Motor vehicles means every vehicle which is self-propelled.

Nighttime means the time between 30 minutes after sunset and 30 minutes before sunrise.

No turn intersection means an intersection at which traffic cannot make either a right or left turn.

Official time standard means whenever certain hours are named in this article, they shall mean standard time or daylight saving time as may be in current use in this city.

Official traffic control devices means all signs, signals, markings and devices not inconsistent with this article placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

Official traffic signals means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

One-way street means a street where vehicular traffic is permitted to move in one direction only.

Operator means any person driving or operating a vehicle, and, with reference to parking provisions, any person parking or moving a vehicle whether remaining in such parking vehicle or not.

Owner means any person owning or renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period greater than 30 days.

Parking means the standing of a vehicle, whether occupied or not, upon a highway, except temporarily, for the purpose of and while actually engaged in loading and unloading or in obedience to traffic regulations, traffic signs or signals.

Pedestrian means any person afoot.

Police officer means every officer of the police department or any officer authorized to direct or regulate traffic or make arrests for violations of traffic regulations.

Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

Railroad means a carrier of persons or property upon cars operated upon stationary rails.

Railroad train means a locomotive or vehicle powered by any self-contained engine or motor, with or without cars coupled thereto, operated upon rails.

Residence district means the territory contiguous to a highway, not comprising a business district, when the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings, or by dwellings and buildings in use for business.

Right-of-way means the privilege of the immediate use of the roadway.

Roadway means that portion of a street improved, designated, or ordinarily used for vehicular travel.

Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines for the use of pedestrians.

Standing means any stopping of a vehicle, whether occupied or not.

Stop, when required, means complete cessation of movement.

Stop or stopping, when prohibited, means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal.

Stop street or stop intersection means a highway designated by the council and marked by the department, at which vehicles must stop before turning into a crossing.

Street or highway means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic or pedestrians.

Traffic means pedestrians, ridden or herded animals, vehicles or other conveyances either singly or together while using any street for purposes of travel.

U-turn means to turn a vehicle on any street in such manner as to proceed in the opposite direction.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks.

(b)    Whenever any words and phrases in this article are not defined in this article but are defined in any state law relating to the ownership, use or operation of vehicles such definition shall be deemed to apply to such words and phrases used in this article.

(Code 1985, § 26-1; Ord. No. 2297, § 1, 7-7-13)

114-2 Chief of police; powers and duties.

(a)    The chief of police shall enforce the provisions of this article and the regulations adopted by him under this article. Subject to the provisions of this article, it shall be the duty of the department to direct and control the traffic of vehicles and pedestrians.

(b)    The chief of police shall have power, by rules adopted by him to:

(1)    Designate the streets or parts of streets upon which there shall be no parking of vehicles or upon which there shall be parking for a limited time;

(2)    Exclude or restrict parking on designated streets during certain hours;

(3)    Permit angle parking in designated places;

(4)    Establish one-way streets;

(5)    Cause limit lines to be marked upon pavements and sidewalks for the direction of pedestrians and operators;

(6)    Prohibit lefthand turns by vehicles at street corners designated;

(7)    Designate fire routes upon certification to him by the fire chief that such highway is especially required for use in attending fires and prohibit parking thereon;

(8)    Temporarily close any highway or portion of same or restrict the use thereof, when required by public safety and convenience;

(9)    Designate certain intersections that shall be known as special stop intersections; and

(10)    Designate the fire lanes upon certification to him by the fire chief and prohibit parking therein.

(c)    The rules of the chief of police adopted in pursuance of this section shall be effective upon the erection of signs by the department, sufficient in number to apprise the ordinary observant person of the existence of the regulation upon the highway or in the district affected.

(Code 1985, § 26-2)

114-3 Community service officers and police cadets; authority to issue appearance tickets.

At the discretion of the chief of police, community service officers and police cadets assigned to the police department and supervised by the chief of police or his designee, when said officers and cadets have reasonable cause to believe that an individual has violated provisions of this chapter and/or the Michigan Vehicle Code and said violation has resulted in an accident, are authorized to issue and serve an appearance ticket to said individual.

(Code 1985, § 26-2.1)

114-4 Penalty.

(a)    Any provision of this chapter which describes an act or omission which constitutes a civil infraction under the terms of the Michigan Vehicle Code, being 1949 P.A. 300 as amended shall be processed as a civil infraction and any person found to have committed a civil infraction may be ordered to pay a civil fine of not more than $100.00 and costs in accordance with Section 907 of the Michigan Vehicle Code.

(b)    The penalty for violations that do not constitute a civil infraction, as herein provided and shall be punishable by a fine of not more than $500.00 or imprisonment of not more than 90 days or by both such fine and imprisonment.

(c)    Provided however, that where a specific penalty is expressly prescribed, that penalty shall control.

(Code 1985, § 26-4)

114-5 Obedience to police.

No person shall wilfully fail or refuse to comply with any lawful order or direction of a police officer.

(Code 1985, § 26-5)

114-6 Obedience of public employees.

The provisions of this article shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this state, county or city. No such driver shall violate any of the provisions of this article, except as otherwise permitted in this article or by state statute.

(Code 1985, § 26-6)

114-7 Authorized emergency vehicles; regulations.

(a)    The provisions of this article regulating the operation, parking, and standing of vehicles shall apply to authorized emergency vehicles, except as follows:

(1)    A driver when operating any such vehicle in an emergency, except when otherwise directed by a police officer, may:

a.    Park or stand notwithstanding the provisions of this article.

b.    Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.

c.    Exceed the prima facie speed limits so long as he does not endanger life or property.

d.    Disregard regulations governing direction of movement or turning in specified directions so long as he does not endanger life or property.

(b)    The exemptions of subsection (a) shall not, however, protect the driver of any such vehicle from the consequences of his reckless disregard of safety of others.

(Code 1985, § 26-7)

114-8 Push carts, bicycles and animals regulated.

Every person propelling any push cart or riding a bicycle or an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this article, applicable to the driver of any vehicle except those provisions of this article which by their nature can have no application.

(Code 1985, § 26-8)

114-9 Prohibited obstruction to driver’s view.

(a)    No person shall drive a motor vehicle on a highway which motor vehicle is so constructed or loaded as to prevent the driver from obtaining a view of the highway to the rear by looking backward from the driver’s position, unless the vehicle is equipped with a mirror located so as to reflect to the driver a view of the highway to the rear of the vehicle. In addition, all motor vehicles shall be equipped with an outside rearview mirror on the driver’s side which shall be positioned to give the driver a rearviewing angle from the driver’s side of the vehicle, except a motor vehicle licensed as an historic vehicle if the vehicle was not originally equipped with an outside rearview mirror. Rearview mirrors may be positioned on the helmet or visor worn by the operator of a motorcycle if the helmet is securely attached to the head of the operator. Every commercial vehicle of one-half ton capacity or more, operating upon the public highways of this state, shall be equipped with two mirrors, one on each side, adjusted so that the operator shall have a clear view of the highway behind the commercial vehicle.

(b)    No person shall drive a motor vehicle on a highway with any of the following:

(1)    A sign, poster, nontransparent material, window application, reflective film, or nonreflective film upon or in the front windshield, the side windows immediately adjacent to the driver or front passenger, or the sidewings adjacent to and forward of the driver or front passenger, except that a tinted film may be used along the top edge of the windshield and the side windows or sidewings immediately adjacent to the driver or front passenger if the material does not extend more than four inches from the top of the windshield or lower than the shade band, whichever is closer to the top of the windshield.

(2)    A rear window or side window to the rear of the driver composed of, covered by, or treated with a material that creates a total solar reflectance of 35 percent or more in the visible light range, including a silver or gold reflective film.

(3)    A dangling ornament or other suspended object except as authorized by law which obstructs the vision of the driver of the vehicle.

(c)    A person shall not drive a motor vehicle if driver visibility through the rear window is obstructed unless the vehicle is equipped with two rearview mirrors, one on each side, adjusted so that the operator has a clear view of the highway behind the vehicle.

(d)    This section shall not apply to:

(1)    The use of draperies, louvers, or other special window treatments, except those specifically designated in this section, on the rear window, or a side window to the rear of the driver if the vehicle is equipped with two outside rearview mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(2)    The use of a nonreflective, smoked or tinted glass, nonreflective film, perforated window screen, or other decorative window application on the rear window or a side window to the rear of the driver.

(3)    The placement of a necessary certificate or sticker that does not obstruct the driver’s clear view of the roadway or an intersecting roadway.

(4)    A vehicle registered in another state, territory, commonwealth of the United States, or another country or province.

(5)    A special window treatment or application determined necessary by a physician, for the protection of a person who is light or photo sensitive, if the owner or operator of a motor vehicle has in possession a letter signed by a physician, indicating a need for the special window treatment or application as a medical necessity. However, the special window treatment or application shall not interfere with or obstruct the driver’s clear vision of the highway or an intersecting highway.

(Code 1985, § 26-48)

State law reference—Obstructing driver’s view, M.S.A., § 9.2409.

114-10 Obstruction of highway.

(a)    No operator shall blockade or obstruct a highway so as to prevent the normal free movement of traffic.

(b)    Whenever a vehicle becomes stalled or for any reason cannot be moved by its own power, and in consequence obstructs a highway, the owner or operator shall cause the prompt removal of the vehicle by towing or otherwise.

(Code 1985, § 26-60)

114-11 Decreased speeds required.

(a)    The fact that the speed of a vehicle is lower than the established prima facie limits shall not relieve the driver from the duty to decrease speed:

(1)    When approaching and crossing an intersection;

(2)    When approaching and going around a curve;

(3)    When approaching a hill crest;

(4)    When traveling upon any narrow or winding roadway; or,

(5)    When special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(b)    Speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(Code 1985, § 26-63)

114-12 Special speed limits.

(a)    No operator shall drive through any alley or turn any corner at a rate of speed exceeding ten miles per hour.

(b)    No operator shall drive on such highways that are neither residential or business in excess of the arbitrary speed limitation which is posted.

(Code 1985, § 26-64)

114-13 Parking on private property.

No person shall park any motor vehicle on any private property, without the express or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent or trustee of such property. Complaint for the violation of this section shall be made by the owner, holder, occupant, lessee, agent or trustee of such property.

(Code 1985, § 26-67)

State law reference—Power of city to prohibit parking in certain areas, M.S.A., § 9.2306.

114-14 Zone of quiet.

Whenever authorized signs are erected indicating a zone of quiet, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of the vehicle except in an emergency.

(Code 1985, § 26-84)

114-15 Play streets.

Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area. Any driver shall exercise the greatest care in driving upon such street or portion thereof.

(Code 1985, § 26-85)

114-16 Parking lights.

Whenever a vehicle is parked upon the highway during the nighttime it shall have displayed upon the left side of such vehicle one or more lamps projecting a white or amber light visible from a distance of 500 feet to the front of such vehicle and projecting a red light for a distance of 500 feet to the rear. No lights need to be displayed upon any such vehicle when parked in accordance with local ordinances upon a highway where there is sufficient light to reveal any person within a distance of 500 feet.

(Code 1985, § 26-91)

114-17 Clearance lights.

At nighttime any parked truck or trailer over six feet six inches in width, shall have a green light on the left side, visible 500 feet to the front and rear of the vehicle.

(Code 1985, § 26-92)

State law reference—Clearance lights, M.S.A §§ 9.2387—9.2392.

114-18 Emergency whistle siren.

Every police and fire department and fire patrol vehicle and any ambulance used for emergency calls may be equipped with a bell, siren or exhaust whistle.

(Code 1985, § 26-101)

114-19 Vehicle pound; parking nuisances.

(a)    There is created an automobile and vehicle pound, to which automobiles and other vehicles may be removed by the police department as provided in this article. Such pound shall be located and operated at place designated by the chief of police.

(b)    The parking of vehicles in places where parking is prohibited or the parking of vehicles in violation of the terms and provisions of this article and in violation of the terms and provisions of any rule or regulation made by the chief of police is declared to be a nuisance.

(Code 1985, § 26-105)

114-20 Impoundment of vehicles; procedure.

(a)    Whenever any vehicle is found by a police officer, parking contractor agent, or other person authorized by the Chief of Police, parked in violation of this article, and in violation of the terms and provisions of any parking rule or regulation of the Chief of Police, which has been properly posted, such police officer, parking contractor agent, or other person authorized by the Chief of Police or authorized enforcement officer may file a complaint in the District Court against the owner or driver of such vehicle; or such vehicle may be removed to a private vehicle pound designated by the Chief of Police. Such vehicles shall not be discharged or removed from the pound except upon the payment by the owner of such vehicle or his duly authorized representative to the owner of the pound of the proper towing and storage fee.

(b)    When the owner of a vehicle impounded or his representative, presents himself at the police department, it shall be the duty of the officer in charge to inform such owner or his representative of the nature and circumstances of the violation on account of which such vehicle has been impounded. In case protest is made by such owner or his representative against the payment of such impounding fee, and such protest is supported by a denial by him under oath of the facts constituting the alleged violation, the officer having knowledge of the facts, shall immediately make a complaint in the district court, under this article charging the owner or driver of such vehicle with that violation of this article on account of which the vehicle was impounded.

(c)    In case such person is subsequently found not guilty by the district court of having committed the violation on account of which the vehicle of such person was impounded, it shall be the duty of the chief of police to refund to such person the fees paid by him.

(Code 1985, § 26-106; Ord. No. 2297, § 1, 7-7-13)

State law reference—Power of city to impound vehicles, M.S.A. § 9.2306.

114-21 Prudent speed limit required; following.

(a)    Any person driving a vehicle on a highway shall drive the vehicle at a careful and prudent speed not greater than or less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other condition then existing.

(b)    The driver of the vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and traffic upon the condition of the highway.

(Code 1985, § 26-61)

114-22 Coasters or roller skates; use.

No person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except:

(1)    While crossing a street on a crosswalk; and

(2)    Upon streets set aside as play streets as authorized by the chief of police.

(Code 1985, § 26-56)

114-23 Intent of article.

It is intended that this article apply to all municipally operated parking facilities located within the city and not controlled by other provisions of this Code.

(Code 1985, § 26-141)

114-24, 114-25 Reserved.