https://www.georgetown-mi.gov/DocumentCenter/View/7071/Bills-and-GL-Report---January-23-2023

Motion to Approve the GTWP Proposed Secondary and Subdivision Road Re-Surfacing for 2023 as recommended by the Utilities Committee.

Motion to approve the revised policy #2018-01 the Planning Commission and Zoning Board of Appeals Compensation Policy, to change the per diem amount to $100.00, as recommended by the Finance Committee.

Motion:  to approve the introduction and first reading of Ordinance No. 2023-02, Michigan Vehicle Code and Uniform Traffic Code, as recommended by the Finance Committee

ORDINANCE NO.  2023-02

MICHIGAN MOTOR VEHICLE CODE AND UNIFORM TRAFFIC CODE

An ordinance to amend Chapter 54 of the Code of Ordinances of the Charter Township of Georgetown, Michigan, to adopt the Michigan Vehicle Code and Uniform Traffic Code by reference.

THE CHARTER TOWNSHIP OF GEORGETOWN ORDAINS:

ARTICLE I. TRAFFIC CODE

Sec. 54-1.   Michigan Vehicle Code adopted.

Pursuant to the provisions of the Michigan Charter Township Act, 1947 PA 359; MCLA 42.23; MSA 5.26(23), the Michigan Vehicle Code, Act No. 300 of the Public Acts of Michigan of 1949, as amended, MCL 257.1, et seq., is adopted by reference, as if fully set forth herein.

                References in the Michigan Vehicle Code to “local authorities” shall mean the Charter Township of Georgetown, Ottawa County, Michigan.

                (a)           The Michigan Vehicle Code may be enforced by any police officer or other employee of the township authorized to enforce criminal ordinances or authorized to issue civil infractions.

                (b)           The penalties provided by the Michigan Vehicle Code are adopted by reference, provided, however, that the township may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days.

                (c)           When any person is found guilty of a misdemeanor or responsible for a civil infraction pursuant to this section, the judge or magistrate shall summarily determine and tax the costs of the action which shall include all expenses, direct and indirect, to which the township has been put in connection with the violation or infraction up to the entry of judgment.

Sec. 54-4.   Uniform Traffic Code 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, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002 is adopted by reference, as if fully set forth herein.

                References in the Uniform Traffic Code to “governmental unit” or “municipality” shall mean the Charter Township of Georgetown, Ottawa County, Michigan.

                (a)           The Uniform Traffic Code may be enforced by any police officer or other employee of the township authorized to enforce criminal ordinances or authorized to issue civil infractions.

                (b)           The penalties provided by the Uniform Traffic Code are adopted by reference, provided, however, that the township may not enforce any provision of the Uniform Traffic Code for which the maximum period of imprisonment is greater than 93 days.

                (c)           When any person is found guilty of a misdemeanor or responsible for a civil infraction pursuant to this section, the judge or magistrate shall summarily determine and tax the costs of the action which shall include all expenses, direct and indirect, to which the township has been put in connection with the violation or infraction up to the entry of judgment.

Section 2.        Pending Proceedings.  All proceedings pending and all rights and liabilities existing at the time this ordinance takes effect are saved and may be consummated or continued according to the law in force when they were commenced.  No prosecution initiated prior to the effective date of this ordinance or initiated after the effective date of this ordinance for an offense committed prior to the effective date shall be affected by this ordinance.

Section 3.        Publication.  The Township Clerk shall publish a summary of this ordinance in the manner provided by law and shall at the same time publish a supplementary notice setting forth the purpose of the Michigan Vehicle Code and Uniform Traffic Code and the fact that a complete copy of the Michigan Vehicle Code and Uniform Traffic Code are available at the office of the Township Clerk for inspection by the public at all times.

Section 4.        Effective Date.  This ordinance shall become effective on the thirtieth day following its publication in a newspaper of general circulation in the Township.  This ordinance was introduced and read for the first time on October 23, 2017, published on                   , read for the second time and adopted by the Georgetown Charter Township Board on                  , published for the second time on                  , and effective thirty days from publication            .

A summary of the Michigan Vehicle Code

and Uniform Traffic Code is as follows:

The Michigan Vehicle Code is an act 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 licensing of dealers; 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 imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways and to provide penalties and sanctions for its violation.

The Uniform Traffic Code is an administrative rule promulgated by the Michigan Department of State Police to provide local law enforcement officers with the authority to locally enforce traffic laws; to provide for local traffic administration; to provide for the rights and duties of pedestrians; to regulate the operation of motorcycles, mopeds and toy vehicles; to provide for the rights and duties of drivers and others; to provide for the establishment and maintenance of traffic control devices; and to compel obedience to traffic regulations and provide sanctions for their violation.

Motion:  To                  the resolution to rezone 4261 Barry St., as recommended by the Planning Commission.