ORDINANCE # 3-2015
AN ORDINANCE TO ESTABLISH
THE BARRYON PARKING VIOLATION BUREAU
Sec. 1 Bureau Established
Pursuant to Section 8395 of the Revised Judicature Act, State of Michigan, as added by Public
Act 154 of 1968, a parking violations bureau, for the purpose of handling alleged parking violations within
the Village, is hereby established. The Parking Violations Bureau shall be under the supervision and control of the Chief of Police.
Sec. 2 Location
The Chief of Police shall, subject to the approval of the Village Council, establish a convenient location for the Parking Violations Bureau, appoint qualified Village employees to administer the Bureau and adopt rules and regulations for the operation thereof.
Sec. 3 Disposition of Violations
No violation not scheduled in Sec. 6 shall be disposed of by the Parking Violations Bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the Bureau and in any case the person in charge of such Bureau may refuse to dispose of such violation in which case any person having knowledge of the facts may make a sworn complaint before the court having jurisdiction of the offense as provided by law.
Sec. 4 Procedure
No violation may be settled at the Parking Violations Bureau except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denies having committed the offense and in no case shall the person who is in charge of the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to such alleged violation. No person shall be required to dispose of a parking violation at the Parking Violations Bureau and all persons shall be entitled to have any such violation processed before a court having jurisdiction thereof if they so desire. The unwillingness of any person to dispose of any violation at the Parking Violations Bureau shall not prejudice him/her or in any way diminish the rights, privileges and protection accorded to him by law.
Sec. 5 Violation Ticket
The issuance of a traffic ticket or notice of violation by a police officer or parking officer of the Village shall be deemed an allegation of a parking violation. Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty scheduled for the offense for which the ticket was issued and advise that a warrant for the arrest of the person to whom the ticket was issued will be sought if such a person fails to respond within the time limited.
Sec. 6 Schedule of Violations
Schedule of Violations.
|Parking too far from curb||$ 10.00|
|Angle parking violations||$ 10.00|
|Obstructing traffic||$ 25.00|
|Driving over a sidewalk or curb||$ 50.00|
|Prohibited parking (signs unnecessary):||$ 50.00|
|On sidewalk||$ 50.00|
|On street, 2:00 a.m. – 6:00 a.m. 11/1 to 3/31||$ 25.00|
|In front/ blocking of drive||$ 10.00|
|Within intersection||$ 25.00|
|Double parking||$ 10.00|
|On bridge of viaduct or within tunnel||$ 10.00|
|Within 200 feet of accident where police in attendance||$ 50.00|
|Blocking emergency exit||$ 50.00|
|On private property||$ 10.00|
|In prohibited zone (sign required)||$ 50.00|
|In alley||$ 10.00|
|Wrong side boulevard roadway||$ 10.00|
|Loading zone violation||$ 10.00|
|Parked in a designated handicapped zone||$ 50.00|
- All fines shall be doubled on all violations not paid within 7 days, excluding Sundays and legal holidays; and after 10 days a complaint and civil infraction will be issued
- The Chief of Police can authorize a Village Employee as a parking officer and they shall be authorized to issue tickets for scheduled parking violations in this section.
- Vehicles parked in any manner which is in violation of any of the offenses listed in this section may be towed at owner’s expense after (2) subsequent parking citations have been issued on separate days. Exception: If snowfall requires a vehicle to be moved which is parked in violation of any of the listed offenses it can be removed immediately at owner’s expense regardless of amount of snowfall.Section 7: Severability
The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.
Sec. 8 Notice to be Published
The Village clerk shall publish this ordinance in the manner required by law.
THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.
I hereby certify to the adoption of this ordinance at the April 8, 2015 council meeting and cause the same to be published as required by law.
Yeas__5___ Nays__0__ Ordinance declared: Adopted
Published: April 17, 2015 Effective Date: May 8, 2015
____Deb Buehner_________ _____Jennifer Trelfa_________
Village President Village Clerk