|
VILLAGE COUNCIL
VILLAGE OF LAKEVIEW
MONTCALM COUNTY, MICHIGAN
Council member Schottle, supported by Council member
Earhart, moved the adoption of the following Ordinance:
ORDINANCE NO. 03-01
AN ORDINANCE TO ADOPT THE MICHIGAN VEHICLE CODE AND UNIFORM TRAFFIC
CODE BY REFERENCE, TO PROVIDE PENALTIES FOR VIOLATIONS AND TO REPEAL
CONFLICTING ORDINANCES
THE VILLAGE OF LAKEVIEW ORDAINS:
Section 1. Michigan Vehicle Code adopted. Pursuant to the provisions
of the General Law Village Act, Act No. 3 of the Public Acts of
Michigan of 1895, as amended, MCLA 61.1, et seq., 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.
Section 2. References in Michigan Vehicle Code. References in the
Michigan Vehicle Code to “local authorities” shall mean the Village
of Lakeview, Montcalm County, Michigan.
Section 3. Enforcement of Michigan Vehicle Code; Sanctions.
(1) The Michigan Vehicle Code may be enforced by any sheriff’s
deputy, police officer or any employee of the Village authorized to
enforce criminal ordinances or authorized to issue civil
infractions.
(2) The penalties provided by the Michigan Vehicle Code are adopted
by reference, provided, however, that the Village may not enforce
any provision of the Michigan Vehicle Code for which the maximum
period of imprisonment is greater than 93 days.
(3) 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
Village has been put in connection with the violation or infraction
up to the entry of judgment.
Section 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.
Section 5. References in Uniform Traffic Code. References in the
Uniform Traffic Code to “governmental unit” or “municipality” shall
mean the Village of Lakeview, Montcalm County, Michigan.
Section 6. Enforcement of Uniform Traffic Code; Sanctions.
(1) The Uniform Traffic Code may be enforced by any sheriff’s
deputy, police officer or any employee of the Village authorized to
enforce criminal ordinances or authorized to issue civil
infractions.
(2) The penalties provided by the Uniform Traffic Code are adopted
by reference, provided, however, that the Village may not enforce
any provision of the Uniform Traffic Code for which the maximum
period of imprisonment is greater than 93 days.
(3) 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
Village has been put in connection with the violation or infraction
up to the entry of judgment.
Section 7. Repealer; Pending Proceedings. Ordinance Nos. 36, 43, 45,
45A and 99-6 are repealed; provided, however that 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 8. Publication. The Village 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 Village Clerk for inspection by
the public at all times.
Section 9. Effective Date. This ordinance shall take effect upon
publication of the summary and supplementary notice described in
Section 9, as provided by state law.
YEAS: Council member(s) Earhart, Lobert, Collard, Schottle and
Winter
NAYS: Council member(s)
ABSTAIN: Council member(s)
ABSENT: Council member(s) Rasmussen, Lund
APPROVED: April 14, 2003.
ORDINANCE NO. 03-01 DECLARED ADOPTED.
Edwin Winter, Village President
Wally J. Delamater, Village Clerk
CERTIFICATION
I certify that this ordinance was adopted at a regular meeting of
the Lakeview Village Council held on April 14, 2003.
Wally Delamater, Village Clerk
Introduced: April 14, 2003
Adopted: April 14, 2003
Published: April 18, 2003
Effective: April 19, 2003 |
