STATE OF MICHIGAN
COUNTY OF OAKLAND
VILLAGE OF ORTONVILLE
ORDINANCE NO. 65
SNOW EMERGENCY ORDINANCE
An Ordinance to establish regulations and penalties for the removal of vehicles from public rights of way, to allow for the plowing and removal of snow from the rights of way, and to allow for the removal and impounding of vehicles that remain in the public right of way after the public has been notified that vehicles must be removed.
THE VILLAGE COUNCIL OF THE VILLAGE OF ORTONVILLE DOES HEREBY ORDAIN AND ENACT THE FOLLOWING:
Article I. Intent, Purpose and Authorization.
The purpose of this ordinance is to abate the nuisance of parked vehicles in public rights of way during snow emergencies and as a result increase the safety and good government of the Village and the general welfare of the Village’s inhabitants by providing for the prompt removal of all parked and stalled vehicles from Village streets and rights of way, during periods of heavy snowfall when such vehicles impede snow removal operations and may cause serious traffic congestion; and to authorize the Village Manager or the manager’s designee to declare a snow emergency alert during such periods in the interest of preserving and protecting the public health, safety and welfare; and to authorize the levying of a civil penalty against persons who do not comply with the ordinance. This Ordinance is authorized by Sections 66.2, 67.1, 67.7 and 257.252d of the Michigan Compiled Laws, and as each may be subsequently amended.
Article II. Definitions.
Village means the Village of Ortonville.
Manager means the Village Manager or designee.
Motor Vehicle and/or trailer means every self-propelled conveyance used, or capable or being used as a means of transportation, or trailer that is capable of being towed by a vehicle.
Park, parked or parking means the standing of a vehicle, whether occupied or not, other than temporarily for the purposes of and while actually engaged in loading or unloading merchandise or passengers or when stopped for making necessary repairs.
Person means every natural person, firm, co-partnership, association or corporation and their respective agents.
Street, road or avenue means that portion of a street or roadway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder or berm.
Article 111. General Snow Emergency Alert Regulations.
Section 3.01. Snow Emergency Alert/Declaration. Whenever the Manager, in his or her sole opinion, finds on the basis of snow, sleet or freezing rain or on the basis of forecast by the U.S. Weather Bureau or other weather service that there is the possibility that snow will accumulate to such a depth that snow removal operations will be required on Village streets, the Manager may declare a snow emergency alert.
Section 3.02. It shall be unlawful far the owner or operator of any motor vehicle and/or trailer to park a motor vehicle and/or trailer upon any street, road or avenue within the Village until the snow emergency alert is terminated.
Section 3.03. Snow Emergency Alert/Notice of Declaration. Upon declaring a Snow Emergency Alert the Manager shall forthwith cause appropriate notice of such alert to be publicly announced by means of broadcasts or telecasts from radio or television stations which normally cover the Village. The Manager shall also cause such declaration to be further announced to the newspapers or general circulation, in such a manner reasonably calculated to inform the public of the requirements of this ordinance. In addition, any other reasonable means may be used to publicly announce such emergency snow alert it shall also be posted at the Village Offices for such a period of time as the snow emergency/alert regulations are in effect.
Section 3.04. Snow Emergency Alert/Notice of Termination. Whenever the Manager finds that the conditions which gave rise to a snow emergency alert no longer exist, the Manager shall terminate the snow emergency alert by notice given substantially in the same manner it was declared. Provided however, that any street which has become clear of accumulations of snow and ice from curb to curb for the length thereof lying between two successive street intersections that have also become clear of accumulations of snow and ice from curb to curb, shall be automatically excluded from any parking restriction imposed by this article.
Section 3.05. Time Limit for Removal of Parked Motor Vehicles and/or Trailers. After the initial notice of a snow emergency alert has been given as provided by this article, any motor vehicle or trailer parked on any street, road or avenue within the Village shall be removed within the time frame as set forth in the snow emergency alert/notice of declaration from any Village local or major street as shown on the Village’s street map.
Section 3.06. Impounding of Motor Vehicles and/or Trailer. Any motor vehicle and/or trailer parked on any street, road, alley or avenue, or other public right of way in violation of the provisions of this section may be removed and impounded by order of the Sheriffs’ Department to an impound facility designated by the Sheriffs’ Department and at the expense of the owner.
Towing, storage and impound fees will be charged to the owner of the motor vehicle/trailer impounded. Failure to properly redeem the motor vehicle/trailer may result in loss of ownership of the motor vehicle/trailer.
Section 3.07. Stalled or Stuck Motor Vehicles or Trailers. Whenever a motor vehicle or trailer becomes stalled or stuck for any reason, whether or not in violation of this section on any Village Street on which there is a parking prohibition in effect, the person operating such motor vehicle or trailer shall take immediate action to have the motor vehicle or trailer towed or pushed off the roadway. No person shall abandon or leave their motor vehicle or trailer and or trailer in the roadway except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone to obtain assistance and return without delay.
Section 3.08. Violation and Penalties. A violation of this ordinance is a municipal civil infraction. In addition to liability for towing, storage and other impound fees related to removal of a vehicle and or trailer from the street during a declared snow emergency, the registered owner and/or driver of such vehicle may be ticketed for violation of this ordinance. Such a violation shall be deemed to be a civil infraction and may be ordered to pay a civil fine of not more than one hundred dollars ($100.00). Each occurrence and each day a violation continues to occur shall constitute a separate violation of this Ordinance.
ARTICLE IV. REPEALER, SEVERABILITY AND EFFECTIVE DATE
Section 4.01. All Ordinances or parts of Ordinances conflicting with the provisions of this Ordinance are repealed.
Section 4.02. In the event that any one or more sections, provisions, phrases or words of this Ordinance shall be found to be invalid by a court of competent jurisdiction, such holding shall not affect the validity and/or enforceability of the remaining sections, provisions, phrases or words of this Ordinance unless expressly so determined by the Court.
Section 4.03. The provisions of this Ordinance shall take effect upon publication in the manner prescribed by law.
This Ordinance was adopted at a Regular Meeting of the Village Council of the Village of Ortonville held on January 26, 2004 , and was published in the manner prescribed by law on February2, 2004 so as to be effective on February 9, 2004.
VILLAGE OF ORTONVILLE
Mary E. Clark, Treasurer/Clerk
Publish in The Citizen Feb. 2, 2004
STATE OF MICHIGAN