General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES Chapter 10 - MOTOR VEHICLES AND TRAFFIC ARTICLE I. IN GENERAL Section 10-1. Uniform Traffic Code Adopted [Ord. 127, 5/17/2000] Pursuant to the authority granted by the City of New Buffalo by MCL 117.3; MSA 5.2073, as amended, the Michigan Vehicle Code (MCL 257.1; MSA 9.1801 through and including MCL 257.923; MSA 9.2623, as may be amended from time to time by the State of Michigan) is adopted by reference and made part of this Chapter as if fully set forth herein. A. Purpose. The purpose of the Michigan Vehicle Code is to provide for the registration, titling, sale, transfer and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the examination, licensing and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the regulation and use of streets and highways; to provide penalties and sanctions for a violation of the Code; to provide for civil liability of owners and operators of vehicles and to provide for the enforcement of the Code; and to provide for the creation of and to prescribe the powers and duties of certain state and local agencies. Complete printed copies of the Michigan Vehicle Code shall be kept at the office of the City Clerk available for inspection by and distribution to the public at all times. References in the Michigan Vehicle Code to "state" shall mean the City of New Buffalo. Section numbers of the Michigan Vehicle Code shall also apply to violations of this City ordinance, except that City ordinance violations shall bear the prefix "F10" instead of "257." B. Evidence of insurance; produce upon request; driver's license suspension (MCL 257.328). 1. The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the streets of the City or the operator of the motor vehicle shall produce, pursuant to subsection (2), upon request of a police officer, evidence that the motor vehicle is insured under Chapter 31 of Act No. 218 of the Public Acts of 1956, as amended, being sections 500.3101 through 500.3179 of the Michigan Compiled Laws. An owner or operator of a motor vehicle who fails to produce evidence under this subsection when requested to produce that evidence is responsible for a civil infraction. 2. A certificate of insurance, if issued by an insurance company, which certificate states that security which meets the requirements of sections 3101 and 3102 of Act No. 218 of the Public Acts of 1956, as amended, being sections 500.3101 and 500.3102 of the Michigan Compiled Laws, is in force and shall be accepted as prima facie evidence that insurance is in force for the motor vehicle described in the certificate of insurance until the expiration date shown on the certificate. The certificate, in addition to describing the motor vehicles for which insurance is in effect, shall state the name of each person named on the policy, policy declaration, or a declaration certificate whose operation of the vehicle would cause the liability coverage of that insurance to become void. 3. If an owner of a motor vehicle is determined to be responsible for a violation of subsection (1), the court in which the civil infraction determination is entered may require the person to surrender his or her operator's or chauffeur's license unless proof that the vehicle has insurance meeting the requirements of section 3102 of Act No. 218 of the Public Acts of 1956, as amended, is submitted to the court. If the court requires the license to be surrendered, the court shall order the Secretary of State to suspend the person's license and shall forward the surrendered license and a certificate of civil infraction to the Secretary of State. Upon receipt of the certificate of civil infraction and the surrendered license, the Secretary of State shall suspend the person's license beginning with the date on which a person is determined to be responsible for the civil Chapter 10- MOTOR VEHICLES AND TRAFFIC 10-1
CITY OF NEW BUFFALO CODE OF ORDINANCES infraction for a period of thirty (30) days or until proof of insurance which meets the requirements of section 3102 of Act No. 218 of the Public Acts of 1956, as amended, is submitted to the Secretary of State, whichever occurs later. If the license is not forwarded, an explanation of the reason why it is not forwarded shall be attached. A person who submits proof of insurance to the Secretary of State under this subsection shall pay a service fee of ten dollars ($10.00) to the Secretary of State. The person shall not be required to be examined as set forth in section 320c of the Michigan Motor Vehicle Code. 4. An owner or operator of a motor vehicle who knowingly produces false evidence under this section is guilty of a misdemeanor, punishable by imprisonment for not more than ninety (90) days, or a fine of not more than five-hundred dollars ($500,00), or both. 5. Points shall not be entered on a driver's record for a violation of this section. 6. This section does not apply to the owner or operator of a motor vehicle that is registered in a state other than this state or a foreign country or province. C. Mandatory child restraints (MCL 257.710d). 1. Except as provided in this section, or as otherwise provided by law, a rule promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 through 24.315 of the Michigan Compiled Laws, or federal regulations, each driver transporting a child in a motor vehicle shall properly secure each child in a child restraint system as follows: a. Any child less than one (1) year of age in a child restraint system which meets the standards prescribed in 49 CFR 571.213. b. Any child one (1) year of age or more but less than four (4) years of age, when transported in the front seat, in a child restraint system which meets the standards of 49 CFR 571.213. c. Any child one (1) year of age or more but less than four (4) years of age, when transported in the rear seat, in a child restraint system which meets the standards of 49 CFR 571.213, unless the child is secured by a safety belt provided in the motor vehicle 2. This section does not apply to a nonresident driver transporting a child in this state or to any child being nursed. 3. This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts under section 710b of the Michigan Motor Vehicle Code or federal law or regulations. 4. A person who violates this section is responsible for a civil infraction. 5. Points shall not be assessed under section 320a of the Michigan Motor Vehicle Code for a violation of this section. An abstract required under section 732 of the Michigan Motor Vehicle Code shall not be submitted to the Secretary of State regarding a violation of this section. 6. The Secretary of State may exempt by rules promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, a class of children from the requirements of this section, if the Secretary of State determines that the use of the child restraint system required under subsection (1) is impractical because of physical unfitness, a medical problem, or body size. The Secretary of State may specify alternate means of protection for children exempted under this subsection. D. Mandatory safety belt use; exemptions (MCL 257.710e). 1. This section shall not apply to a driver or passenger of Chapter 10- MOTOR VEHICLES AND TRAFFIC 10-2
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General Ordinances - City of New Buffalo

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