CHAPTER 70:  TRAFFIC REGULATIONS

§ 70.01	UNIFORM TRAFFIC CODE ADOPTED.
	The Uniform Traffic Code for Michigan Cities, Townships, and Villages, as
	amended through      , and in accordance with Public Act 62 of 1956, being
	M.C.L.A. §§ 257.951 through 257.954, is hereby adopted by reference as may be
	modified in this chapter.  (Ord. 11, passed - -)

§ 70.02	AMENDMENTS TO UNIFORM TRAFFIC CODE.
	(A)	References in code.  References in the Uniform Traffic Code for Michigan 
		Cities, Townships, and Villages to "Governmental Unit" shall mean the 
		City of Ferrysburg.

	(B)	General adoption of amendments.  The amendments to the Uniform Traffic 
		Code for Cities, Townships, and Villages promulgated by the Director of 
		the Department of State Police pursuant to the authority of Public Act
		62 of 1956, being M.C.L.A. §§ 257.951 - 257.954, and Public Act 306 of
		1969, being M.C.L.A. §§ 24.201 et seq. (The Administrative Procedures
		Act), which emergency rules and amendments became effective August 1,
		1979, and were filed with the Secretary of State on August 1, 1979, are
		hereby adopted by reference as in this section modified.

	(C)	Specific amendments.  The following sections and subsections of the 
		Uniform Traffic Code for Michigan Cities, Townships, and Villages are 
		hereby amended or deleted as set forth and additional sections and 
		subsections are added as indicated. Subsequent section numbers used in 
		this chapter shall refer to the like-numbered sections of the Uniform 
		Traffic Code.

	SECTION 1.006c is added as follows:

			Section 1.006c.	Commercial Motor Vehicle.  "Commercial
					motor vehicle" means a bus; a school 
					bus; a school transportation vehicle; 
					a motor vehicle, except a motor home, 
					having a gross vehicle weight rating 
					or gross combination weight rating of
					26,001 or more pounds; a motor vehicle 
					towing a vehicle with a gross vehicle 
					weight rating of more than 10,000 pounds;
					or a motor vehicle carrying hazardous 
					material and on which is required to be 
					posted a placard as defined and required 
					under 49 CFR Parts 100 to 199. A 
					commercial motor vehicle does not include
					a vehicle used exclusively to transport 
					personal possessions or family members
					for nonbusiness purposes.

	SECTION 1.007b is added as follows:

			Section 1.007b.	Conviction.  "Conviction" means a final 
					conviction, the payment of a fine, a plea of 
					guilty or nolo contendere if accepted by the 
					court, or a finding of guilt or probate court 
					order of disposition for a child found to be 
					within the provisions of Chapter XIIA of Act
					No. 288 of the Public Acts of 1939, being
					M.C.L.A. §§ 712A.1 to 712A.28, or a traffic
					law violation charge, regardless of whether
					the penalty is rebated or suspended.

	SECTION 1.014a is added as follows:

			Section 1.014a.	Law of Another State.  "Law of another 
					state" means a law or ordinance enacted by
					another state or by a local unit of
					government in another state.

	SECTION 1.025b is added as follows:

			Section 1.025b.	Prosecuting Attorney.  "Prosecuting
					attorney," except as the context otherwise
					requires, means the attorney general, the
					prosecuting attorney of a county, or the
					attorney representing a local unit of
					government.

	SECTION 5.15 is amended to state in its entirety as follows:

			Section 5.15	Operating while under influence of 
					intoxicating liquor or controlled substance,
					or combination thereof, or with a blood
					alcohol content of 0.10% or more, or 
					operating a motor vehicle while visibly
					impaired.

			(1)	A person, whether licensed or not, shall not operate a
				vehicle upon a highway or other place open to the 
				general public or generally accessible to motor
				vehicles, including an area designated for the parking
				of vehicles, within the City of Ferrysburg, if either of
				the following applies:

				(a)	The person is under the influence of 
					intoxicating liquor or a controlled substance, 
					or a combination of intoxicating liquor and a
					controlled substance.

				(b)	The person has a blood alcohol content of 
					0.10% or more by weight of alcohol.

			(2)	The owner of a vehicle or a person in charge or in
				control of a vehicle shall not authorize or knowingly
				permit the vehicle to be operated upon a highway or
				other place open to the general public or generally
				accessible to motor vehicles, including an area
				designated for the parking of motor vehicles, within the
				City of Ferrysburg, by a person who is under the 
				influence of intoxicating liquor or a controlled 
				substance, or a combination of intoxicating liquor and a 
				controlled substance, or who has a blood alcohol 
				content of 0.10% or more by weight of alcohol.

			(3)	A person, whether licensed or not, shall not operate a
				vehicle upon a highway or other place open to the
				general public or generally accessible to motor
				vehicles, including an area designated for the parking
				of vehicles, within the City of Ferrysburg, when, due to 
				the consumption of an intoxicating liquor, a controlled
				substance, or a combination of an intoxicating liquor
				and a controlled substance, the person's ability to
				operate the vehicle is visibly impaired. If a person is
				charged with violating subsection (1), a finding of
				guilty under this subsection may be rendered.

			(4)	A person who is less than 21 years of age, whether
				licensed or not, shall not operate a vehicle upon a
				highway or other place open to the general public or
				generally accessible to motor vehicles, including an 
				area designated for the parking of vehicles, within this
				state if the person has any bodily alcohol content. As
				used in this subsection, "any bodily alcohol content"
				means either of the following:

				(a)	A blood alcohol content of not less than 
					0.02% or more than 0.07% by weight of
					alcohol.

				(b)	Any presence of alcohol within a person's
					body resulting from the consumption of
					intoxicating liquor, other than consumption
					of intoxicating liquor as a part of a generally
					recognized religious service or ceremony.

			(5)	If a person is convicted of violation subsection (1), 
				the following shall apply:

				(a)	The person is guilty of a misdemeanor, and 
					may be punished by 1 or more of the
					following:

					(i)	Service to the community for a 
						period of not more than 45 days.

					(ii)	Imprisonment for not more than 90 
						days.

					(iii) 	A fine of not less than $100.00 or 
						more than $500.00.

				(b)	A person sentenced to perform service to 
					the community under this subsection shall
					not receive compensation, and shall
					reimburse the state or appropriate
					local unit of government for the cost of
					supervision incurred by the state or local
					unit of government as a result of the 
					person's activities in that service.

				(c)	The Court shall impose license sanctions
					pursuant to M.C.L.A. § 257.625b.

			(6)	A person who is convicted of violating subsection 
				(2) is guilty of a misdemeanor, punishable by
				imprisonment for not more than 90 days, or a fine 
				of not less than $100.00 or more than $500.00, or both.

			(7)	If a person is convicted of violating subsection (3), 
				the following shall apply:

				(a)	The person is guilty of a misdemeanor
					punishable by 1 or more of the following:

					(i)	Service to the community for a 
						period of not more than 45 days.

					(ii)	Imprisonment for not more than 90
						days.

					(iii)	A fine of not more than $300.00.

				(b)	The court shall order the secretary of state to
					impose license sanctions pursuant to 
					M.C.L.A. § 257.625b.

				(c)	A person sentenced to perform service to
					the community under this subsection
					shall not receive compensation, and 
					shall reimburse the state or 
					appropriate local unit of government
					for the cost of supervision incurred
					by the State or local unit of government
					as a result of the person's activities in
					that service.

			(8)	If a person is convicted of violating subsection (4), 
				the following shall apply:

				(a)	Except as otherwise provided in subdivision 
					(b), the person is guilty of a misdemeanor
					punishable by 1 or both of the following:

					(i)	Service to the community for a
						period of not more than 45 days.

					(ii)	A fine of not more than $250.00.

				(b)	If the violation occurs within 7 years or 1 or
 					more prior convictions, the person may be
					sentenced to 1 or both of the following:

					(i)	Service to the community for a
						period of not more than 60 days.
					(ii)	A fine of not more than $500.00.

				(c)	The court shall impose sanctions pursuant to
					section M.C.L.A. § 257.625b.

				(d)	A person sentenced to perform service to
					the community under this subsection
					shall not receive compensation, and 
					shall reimburse the state or 
					appropriate local unit of government
					for the cost of supervision incurred
					by the State or local unit of government
					as a result of the person's activities in
					that service.


				(e)	As used in this subsection, "prior conviction"
					means a conviction for a violation of
					subsection (1), (3), or (4), M.C.L.A. 
					§ 257.625 (1), (3), (4), (5) or (6), former
					section M.C.L.A. § 257.625(1) or (2), or
					former section M.C.L.A. § 257.625b, or a
					law of another state substantially
					corresponding to section M.C.L.A. 
					§ 257.625(1), (3), (4), (5) or (6),
					former section M.C.L.A. § 257.625(1) or (2),
					or former section M.C.L.A. § 257.625b.

			(9)	In addition to imposing sanctions prescribed under
				subsection (5), (7) or (8), the court may, pursuant to 
				the code of criminal procedure, Act No. 175 of the
				Public Acts of 1927, being section 760.1 to 776.21 of
				the Michigan Compiled Laws, order the person to 
				pay the costs of the prosecution.

			(10)	If the prosecuting attorney intends to seek an enhanced
				sentence under subsection 8(b) based upon the 
				Defendant having 1 or more prior convictions, the
				prosecuting attorney shall include on the complaint and
				information file in district court a statement listing
				the Defendant's prior convictions.

			(11)	If a person is charged with a violation of subsection 
				(1) or (3), the court shall not permit the defendant to
				enter a plea of guilty or nolo contendere to a charge of
				violating subsection (4) in exchange for dismissal of 
				the original charge. This subsection does not prohibit
				the court from dismissing the charge upon the motion of
				the prosecuting attorney.

			(12)	A prior conviction shall be established at sentencing by
				1 or more of the following:

				(a)	An abstract of conviction.

				(b)	A copy of the defendant's driving record.

				(c)	An admission by the defendant.

			(13)	A person who is convicted of an attempted violation of
				subsection (1) or (3), shall be punished as if the
				offense had been completed.

			(14)	When assessing points and taking licensing action
				under this act, the secretary of state and the court
				shall treat a conviction of an attempted violation of
				subsection (1), (3), or (4), or a law of another state
				substantially corresponding to subsection (1), (3) or 
				(4) the same as if the offense had been completed.

			(15)	Except as otherwise provided in subsection (17), if a
				person is charged with operating a vehicle while under
				the influence of a controlled substance or a combination
				of intoxicating liquor and a controlled substance in
				violation of subsection (1), the court shall require the
				jury to return a special verdict in the form of a
				written finding or, if the court convicts the person 
				without a jury or accepts a plea of guilty or nolo
				contendere, the court shall make a finding as to
				whether the person was under the influence of a 
				controlled substance or a combination of intoxicating
				liquor and a controlled substance at the time of the
				violation.

			(16)	Except as otherwise provided in subsection (18), if a
				person is charged with operating a vehicle while his or
				her ability to operate the vehicle was visibly impaired
				due to his or her consumption of a controlled substance
				or a combination of intoxicating liquor and a controlled
				substance in violation of subsection (3), the court 
				shall require the jury to return a special verdict in
				the form of a written finding or, if the court convicts 
				the person with a jury or accepts a plea of guilty or 
				nolo contendere, the court shall make a finding as to 
				whether, due to the consumption of a controlled 
				substance or a combination of intoxicating liquor and a 
				controlled substance, the person's ability to operate a 
				motor vehicle as visibly impaired at the time of the 
				violation.

			(17)	A special verdict described in subsections (15) and (16)
				is not required if a jury is instructed to make a 
				finding solely as to either of the following:

				(a)	Whether the defendant was under the 
					influence of a controlled substance or of a
					combination of intoxicating liquor and
					controlled substance at the time of the
					violation.

				(b)	Whether the defendant was visibly impaired 
					due to his or her consumption of a controlled
					substance of a combination of intoxicating
					liquor and controlled substance at the time of
					the violation.

			(18)	If a jury or court makes a finding under subsection 
				(15), (16), or (17) that the defendant operated a motor 
				vehicle under the influence of or while impaired due to 
				the consumption of a controlled substance, or 
				combination of a controlled substance and an 
				intoxicating liquor, the court shall do both the 
				following:

				(a)	Report the finding to the secretary of state.

				(b)	Forward to the department of state police,
					on a form or forms prescribed by the state
					court administrator, a record that specifies
					the penalties imposed by the court, including
					any term of imprisonment and any licensing
					sanction imposed under section M.C.L.A. 
					§ 257.625b.

			(19)	Except as otherwise provided by law, a record described
				in subsection (18)(b) is a public record, and the
				department of state police shall retain the information
				contained on that report for a period of not less than 7
				years.

			(20)	In a prosecution for a violation of subsection (4), the
				defendant shall bear the burden of proving that the
				consumption of intoxicating liquor was a part of a
				generally recognized religious service or ceremony by a
				preponderance of the evidence.

	SECTION 5.15a is amended to state in its entirety as follows:

			Section 5.15a.	Arrest without warrant for violation; tests for
					presence of alcohol or controlled substances
					in blood; admissibility of tests into evidence.

			(1)	A peace officer, without a warrant, may arrest a person
				when the peace officer has reasonable cause to believe
				that the person was, at the time of an accident, the
				operator of a vehicle involved in the accident in the
				City of Ferrysburg while in violation of section 5.15
				(1), (3) or (4) of the Uniform Traffic Code adopted by
				the City of Ferrysburg.

			(2)	A peace officer who has reasonable cause to believe that
				a person was operating a vehicle upon a public highway 
				or other place open to the general public or generally
				accessible to motor vehicles, including an area
				designated for the parking of vehicles, in the City of
				Ferrysburg and that the person by the consumption of
				intoxicating liquor may have affected his or her ability
				to operate a vehicle, or reasonable cause to believe 
				that a person was operating a commercial motor vehicle 
				within the state while the person's blood contained any
				measurable amount of alcohol by weight or while the
				person had any detectable presence of intoxicating
				liquor, or reasonable cause to believe that a person who
				is less than 21 years of age was operating a vehicle
				upon a public highway or other place open to the public 
				or generally accessible to motor vehicles, including an 
				area designated for the parking of vehicles, within this
				state, while the person had any bodily alcohol content 
				as that term is defined in section 5.15(4) of the 
				Uniform Traffic Code adopted by the City of Ferrysburg 
				or M.C.L.A. § 257.625(6), may require the person to 
				submit to a preliminary chemical breath analysis. The 
				following provisions shall apply with respect to a 
				preliminary chemical breath analysis:

				(a)	A peace officer may arrest a person based in
					whole or in part upon the results of a
					preliminary chemical breath analysis.

				(b)	The results of a preliminary chemical breath
					analysis are admissible in a criminal 
					prosection for a crime enumerated in section
					5.15c(1) of the Uniform Traffic Code adopted
					by the City of Ferrysburg or in an 
					administrative hearing solely to assist the
					court or hearing officer in determining a 
					challenge to the validity of an arrest. 
					This subdivision does not limit the
					introduction of other competent evidence
					offered to establish the validity of an arrest.

				(c)	A person who submits to a preliminary 
					chemical breath analysis shall remain 
					subject to the requirements of sections 
					M.C.L.A. §§ 257.625c, 257.625d, 257.625e,
					257.625f and Sections 5.15c, 5.15d, 5.15e,
					and 5.15f of the Uniform Traffic Code adopted
					by the City of Ferrysburg for the purposes of
					chemical tests described in those sections.

				(d)	A person who refuses to submit to a 
					preliminary chemical breath analysis upon a
					lawful request by a peace officer is 
					responsible for a civil infraction.

			(3)	The results of a preliminary chemical breath analysis
				conducted pursuant to this section shall be used by a
				police officer to determine whether a person shall be
				ordered out-of-service under subsection 5.15h. A police
				officer shall order out-of-service as required under
				subsection 5.15h a person who was operating a 
				commercial motor vehicle and who refuses to submit
				to a preliminary chemical breath analysis as provided
				in this section. This section does not limit use of
 				other competent evidence by the police officer to
				determine whether a person shall be ordered 
				out-of-service under subsection 5.15h.

			(4)	A person who was operating a commercial motor 
				vehicle and who is requested to submit to a preliminary
				chemical breath analysis under this section shall be
				advised that refusal of the request of a police officer
				to take a test described in this section is a
				misdemeanor, punishable by imprisonment for 
				not more than 90 days, or a fine of not more than 
				$100.00, or both, and shall 
				result in the issuance of a 24-hour out-of-service 
				order.

			(5)	A person who was operating a commercial motor vehicle
				and who refuses to submit to a preliminary chemical
				breath analysis upon a lawful request by a police
				officer is guilty of a misdemeanor, punishable by
				imprisonment for not more than 90 days, or a fine of not
				more than $100.00 or both.

			(6)	The following provisions apply with respect to chemical
				tests and analysis of a person's blood, urine, or
				breath, other than preliminary chemical breath analysis:

				(a)	The amount of alcohol or presence of a
					controlled substance or both in a driver's 
					blood at the time alleged as shown by 
					chemical nalysis of the person's blood, urine,
					or breath is admissible into evidence in any 
					civil or criminal proceeding.

				(b)	A person arrested for a crime described in
					section 5.15c(1) of the Uniform Traffic Code
					adopted by the City of Ferrysburg shall be
					advised of all of the following:

					(i)	That if he or she takes a chemical
						test of his or her blood, urine, or
						breath administered at the request
						of a peace officer, he or she has
						the right to demand that a person
						of his or her own choosing 
						administer 1 of the chemical tests;
						that the results of the test are 
						admissible in a judicial proceeding
						as provided under the Ordinances
						of the City of Ferrysburg and
						M.C.L.A. § 257.625, et seq. and
						shall be considered with other
						competent evidence in determining
						the innocence or guilt of the
						defendant; and that he or she is
						responsible for obtaining a 
						chemical analysis of a test sample
						obtained pursuant to his or her own
						request.

					(ii)	That if he or she refuses the
						request of a peace officer 
						to take a test described in 
						subparagraph (i), a test shall
						not be given without a court order,
						but the peace officer may seek to 
						obtain such a court order.

					(iii)	That his or her refusal of the
						request of a peace officer to take
						a test described in subparagraph (i)
						shall result in the suspension of his
						or her operator's or chauffeur's 
						license or operating privilege, 
						and in the addition of 6 points
						to his or her driver record.

				(c)	A sample or specimen of urine or breath shall
					be taken and collected in a reasonable 
					manner. Only a licensed physician, or a
					licensed nurse or medical technician under
					the direction of a licensed physician under
					section 16215 of the Public Health Code, Act
					No. 368 of the Public Acts of 1978, being
					section 333.16215 of the Michigan Compiled
					Laws and qualified to withdraw blood acting
					in a medical environment, at the request of
					a peace officer, may withdraw blood for the
					purpose of determining the amount of alcohol
					or presence of a controlled substance or both
					in the person's blood, as provided in this
					subsection. Liability for a crime or civil
					damages predicated on the act of withdrawing
					or analyzing blood and related procedures
					shall not attach to a qualified person who
					withdraws or analyzes blood or assists in
					the withdrawal or analysis in accordance
					with this act unless the withdrawal or
					analysis is performed in a negligent manner.

				(d)	A chemical test described in this subsection
					shall be administered at the request of a 
					peace officer having reasonable grounds to
					believe the person has committed a crime
					described in M.C.L.A. § 257.625c(1) or 
					section 5.15c(1) of the Uniform Traffic 
					Code adopted by the City of Ferrysburg. 
					A person who takes a chemical test 
					administered at the request of a peace 
					officer, as provided in this section, shall be
					given a reasonable opportunity to have a 
					person of his or her own choosing administer
					1 of the chemical tests described in this
					subsection within a reasonable time after his
					or her detention, and the results of the test
					shall be admissible and shall be considered
					with other competent evidence in determining
					the innocence or guilt of the defendant. If the
				 	person charged is administered a chemical 
					test by a person of his or her own choosing, 
					the person charged shall be responsible for
					obtaining a chemical analysis of the test
					sample.

				(e)	If, after an accident, the driver of a vehicle
					involved in the accident is transported to a
					medical facility and a sample of the driver's
					blood is withdrawn at that time for the 
					purpose of medical treatment, the results of
					a chemical analysis of that sample shall be 
					admissible in any civil or criminal proceeding
					to show the amount of alcohol or presence of 
					a controlled substance or both in the person's
					blood at the time alleged, regardless of
					whether the person had been offered or had
					refused a chemical test. The medical facility
					or person performing the chemical analysis
					shall disclose the results of the analysis to a
					prosecuting attorney who requests the results
					for use in a criminal prosecution as provided 
					in this subdivision. A medical facility or
					person disclosing information in compliance 
					with this subsection shall not be civilly or
					criminally liable for making the disclosure.

				(f)	If, after an accident, the driver of a vehicle
					involved in the accident is deceased, a sample
					of the decedent's blood shall be withdrawn in a
					manner directed by the medical examiner for 
					the purpose of determining the amount of
					alcohol or the presence of a controlled
					substance, or both, in the decedent's blood.
					The medical examiner shall give the results of
					the chemical analysis of the sample to the law
					enforcement agency investigating the accident,
					and that agency shall forward the results to the
					department of state police.

			(7)	The provisions of subsection (6) relating to chemical
				testing do not limit the introduction of any other
				competent evidence bearing upon the question of whether
				or not a person was impaired by, or under the influence
				of, intoxicating liquor or a controlled substance, or a
				combination of intoxicating liquor and a controlled
				substance, or whether the person had a blood alcohol
				content of 0.10% or more by weight of alcohol, or if the
				person is less than 21 years of age whether the person
				had any bodily alcohol content within his or her body.
				As used in this section, "any bodily content" means
				either of the following:

				(a)	A blood alcohol content of not less than 0.02%
					or more than 0.07% by weight of alcohol.

				(b)	Any presence of alcohol within a person's body
					resulting from the consumption of intoxicating
					liquor.

			(8)	If a chemical test described in subsection (6) is
				administered, the results of the test shall be made
				available to the person charged or the person's attorney
				upon written request to the prosecution, with a copy of
				the request filed with the court. The prosecution shall
				furnish the results at least two days before the day of
				the trial. The results of the test shall be offered as
				evidence by the prosecution in that trial. Failure to 
				fully comply with the request shall bar the admission of 
				the results into evidence by the prosecution.

			(9)	Except in a prosecution relating solely to a violation
				of section 5.15(1)(b) or 5.15(4) of the Uniform Traffic
				Code adopted by the City of Ferrysburg, the amount of
				alcohol in the driver's blood at the time alleged as
				shown by chemical analysis of the person's blood, urine,
				or breath shall give rise to the following presumptions:

				(a)	If there was at the time 0.07% or less by 
					weight of alcohol in the defendant's blood, it
					shall be presumed that the defendant's ability
					to operate a motor vehicle was not impaired 
					due to the consumption of intoxicating liquor,
					and that the defendant was not under the
					influence of intoxicating liquor.

				(b)	If there was at the time in excess of 0.07%
					but less than 0.10% by weight of alcohol in
					the defendant's blood, it shall be presumed
					that the defendant's ability to operate a 
					vehicle was impaired within the provisions of
					section 5.15(3) of the Uniform Traffic Code 
					adopted by the City of Ferrysburg due to the
					consumption of intoxicating liquor.

				(c)	If there was at the time 0.10% or more by 
					weight of alcohol in the defendant's blood, it
					shall be presumed that the defendant was 
					under the influence of intoxicating liquor.

			(10)	A person's refusal to submit to a chemical test as
				provided in subsection (6) shall be admissible in a
				criminal prosecution for a crime described in section
				5.15c(1) of the Uniform Traffic Code adopted by the City
				of Ferrysburg only for the purpose of showing that a
				test was offered to the defendant, but not as evidence
				in determining innocence or guilt of the defendant. The
				jury shall be instructed accordingly.

			(11)	If a person is arrested without a warrant in any of the
				following cases, the arrested person shall, without
				unreasonable delay, be taken before the magistrate who
				is nearest or most accessible within the judicial
				district as provided in section 13 of chapter IV of the
				code of criminal procedure, Act No. 175 of the Public
				Acts of 1927, being section 764.13 of the Michigan
				Compiled Laws, or if a minor, before the probate court
				within the county in which the offense charged is
				alleged to have been committed:

				(a)	If the person is arrested under section 
					5.15(1), 5.15(3) or 5.15(4).

				(b)	If a person is arrested under section 5.14.
					If under the existing circumstances it does not
					appear that releasing the person pending the
					issuance of a warrant will constitute a public
					menace, the arresting officer may proceed as
					provided by M.C.L.A. § 257.728.

				(c)	If a person arrested does not have in his or her
					immediate possession a valid operator's or
					chauffeur's license or the receipt described in
					M.C.L.A. § 257.311a. If the arresting officer
					otherwise satisfactorily determines the identity 
					of the person and the practicability of
					subsequent apprehension in the event of the
					person's failure to voluntarily appear before a
					designated magistrate or probate court as
					directed, the officer may release the person
					from custody with instructions to appear in
					court, given in the form of a citation as
					prescribed by section M.C.L.A. § 257.728.

	SECTION 5.15c is amended in its entirety as follows:

			Section 5.15c.	Consent to chemical tests; persons not
					considered to have given consent to 
					withdrawal of blood; administration of tests.

			(1)	A person who operates a vehicle upon a public highway
				or other place open to the general public or generally
				accessible to motor vehicles, including an area
				designated for the parking of vehicles, within the City
				of Ferrysburg is considered to have given consent to
				chemical tests of his or her blood, breath, or urine for
				the purpose of determining the amount of alcohol or
				presence of a controlled substance or both in his or her
				blood in all of the following circumstances:  if the
				person is arrested for a violation of section 5.15(1),
				(3) or (4) of the Uniform Traffic Code adopted by the
				City of Ferrysburg.

			(2)	A person who is afflicted with hemophilia, diabetes, or
				a condition requiring the use of an anticoagulant under
				the direction of a physician shall not be considered to
				have given consent to the withdrawal of blood.

			(3)	The tests shall be administered according to the
				provisions of M.C.L.A. § 257.625a (6) or Section
				5.15a(6) of the Uniform Traffic Code adopted by the City
				of Ferrysburg.

	SECTION 5.15d is amended in its entirety as follows:

			Section 5.15d.	Refusal to submit to a chemical test.

			(1)	If a person refuses the request of a peace officer to
				submit to a chemical test offered pursuant to M.C.L.A.
				§ 275.625a(6) or section 5.15a(6) of the Uniform Traffic
				Code adopted by the City of Ferrysburg, a test shall not
				be given without a court order, but the officer may seek
				to obtain the court order.

			(2)	A written report shall immediately be forwarded to the
				secretary of state by the peace officer. The report
				shall state that the officer had reasonable grounds to
				believe that the person had committed a crime described
				in M.C.L.A. § 257.625c(1) or section 5.15c(1) of the
				Uniform Traffic Code adopted by the City of Ferrysburg,
				and that the person had refused to submit to the test
				upon the request of the peace officer and had been
				advised of the consequences of the refusal. The form of
				the report shall be prescribed and furnished by the
				secretary of state.

	SECTION 5.15e is amended in its entirety as follows:

			Section 5.15e.	Confiscation by peace officer of accused's
					license upon refusal to take test or if test
					reveals impermissible blood alcohol content;
					issuance of temporary license; report to
					secretary of state; destruction of accused's
					license.

			(1)	If a person refuses a chemical test offered pursuant to
				M.C.L.A. § 257.625a(6) or section 5.15a(6) of the
				Uniform Traffic Code adopted by the City of Ferrysburg,
				or submits to the chemical test and the test reveals a
				blood alcohol content of 0.10% or more by weight of
				alcohol, the peace officer who requested the person to
				submit to the test shall do all of the following:

				(a)	On behalf of the secretary of state, 
					immediately confiscate the person's license
					or permit to operate a motor vehicle, and,
					if the person is otherwise eligible for a
					license or permit,issue a temporary license
					or permit to the person that is valid until the
					criminal charges against the person are
					dismissed, or until the person pleads guilty or
					nolo contendere to, or is found guilty of,
					those charges. The temporary license or 
					permit shall be on a form provided by the
					secretary of state.

				(b)	Except as provided in subsection (2), 
					immediately do all of the following:

					(i)	Forward a copy of the written 
						report of the person's refusal 
						to submit to a chemical test 
						to the secretary of state.

					(ii)	Notify the secretary of state by 
						means of the law enforcement 
						information network that a 
						temporary license or permit was 
						issued to the person.

					(iii) 	Except as provided in subsection 
						(2), destroy the person's driver's
						license or permit.

			(2)	If a person submits to a chemical test offered pursuant
				to M.C.L.A. § 257.625a(6) or section 5.15a(6) of the
				Uniform Traffic Code adopted by the City of Ferrysburg
				that requires the withdrawal of blood and a report of
				the results of that chemical test are not immediately
				 available, the peace officer who requested the person
				to submit to the test shall comply with subsection
				(1)(a) pending receipt of the test report. If, upon
				receipt, the report reveals a blood alcohol content of
				0.10% or more by weight of alcohol, the peace officer
				who requested the person to submit to the test shall
				immediately comply with subsection (1)(b). If, upon
				receipt, the report reveals a blood alcohol content of
				less than 0.10% by weight of alcohol, the peace officer
				who requested the person to submit to the test shall
				immediately notify the person of the test results, and
				immediately return the person's license or permit by
				first-class mail to the address given at the time of
				arrest.

	SECTION 5.15h is amended in its entirety as follows:

			Section 5.15h.	Out of Service Orders.

			(1)	A person, whether licensed or not, whose blood contains
				0.015% or more by weight of alcohol shall not operate a
				commercial motor vehicle within the City of Ferrysburg.

			(2)	A police officer who has reasonable cause to believe 
				that a person was operating a commercial motor vehicle 
				within the state while the person's blood contained 
				0.015% or more by weight of alcohol, as measured by a 
				preliminary chemical breath analysis or a chemical test 
				provided under section 5.15a, shall order the person 
				out-of-service immediately for a period of 24 hours, 
				which shall begin upon issuance of the order.

			(3)	A police officer shall order out-of-service immediately
				for a period of 24 hours, which shall begin upon 
				issuance of the order, a person who refuses to submit to 
				a preliminary chemical breath analysis requested under 
				section 5.15a(2).

			(4)	A person ordered out-of-service under this section, a
				local ordinance substantially corresponding to this 
				section, or a law or local ordinance of another state 
				substantially corresponding to this section, shall not 
				operate a commercial motor vehicle within this state 
				during the 24-hour out-of-service period.

			(5)	A police officer who issues an out-of-service order 
				under this section shall provide for the safe and 
				expeditious disposition of a product carried by a 
				commercial motor vehicle that is hazardous or would 
				result in damage to the vehicle, human health, or the 
				environment.

			(6)	Failure to comply with subsection (1) is not a civil 
				infraction or criminal violation of this act.

			(7)	A person who violates subsection (4) is guilty of a 
				misdemeanor, punishable by imprisonment for not more 
				than 90 days, or a fine of not more than $100.00, or 
				both.

	SECTION 5.15b is deleted in its entirety as follows:

			Section 5.15b is hereby deleted; section number 5.15b is 
			reserved for future use.

	SECTION 5.16b is amended to state in its entirety as follows:

			Section 5.16b.	Transportation or possession of alcoholic 
					liquor in containers open or uncapped or upon
					which seal is broken.

			(1)	Except as provided in subsection (2), a person shall not
				transport or possess alcoholic liquor in a container 
				that is open or uncapped or upon which the seal is 
				broken within the passenger compartment of a vehicle 
				upon a highway, or within the passenger compartment 
				of a moving vehicle in any place open to the general
				public or generally accessible to motor vehicles 
				including an area designated for the parking of
				vehicles, in the City 
				of Ferrysburg.

			(2)	A person may transport or possess alcoholic liquor in a
				container that is open or uncapped or upon which the
				seal is broken within the passenger compartment of a 
				vehicle upon a highway or other place open to the 
				general public or generally accessible to motor 
				vehicles, including an area designated for the parking 
				of vehicles, in the City of Ferrysburg if the vehicle 
				does not have a trunk or compartment separate from the 
				passenger compartment, the container is enclosed or 
				encased, and the container is not readily accessible to 
				the occupants of the vehicle.

			(3)	A person who violates this section is guilty of a
				misdemeanor. A court shall not accept a plea of guilty 
				or nolo contendere for a violation of this section from 
				a person charged solely with a violation of M.C.L.A. § 
				257.625(6) or Section 5.15(4) of the Uniform Traffic 
				Code adopted by the City of Ferrysburg.

			(4)	This section does not apply to a passenger in a
				chartered vehicle authorized to operate by the Michigan
				Department of Transportation.

	SECTION 5.16c is amended to state in its entirety as follows:

			Section 5.16c.	Consumption of alcoholic liquor on a highway,
					public place or area generally accessible to 
					motor vehicles including area designated for 
					parking of vehicles.

			(1)	A person shall not consume alcoholic liquor upon a
				highway, street, alley, or any public or private 
				property which is open to the general public and which 
				is not licensed to sell alcoholic liquor for consumption 
				on the premises, or within the passenger compartment
				of a moving vehicle upon a highway or in any place 
				open to the general public or generally accessible to
				motor vehicles, including an area designated for the
				parking of vehicles, in the City of Ferrysburg.

			(2)	A person who violates this section is guilty of a 
				misdemeanor, punishable by a term of imprisonment of 
				not more than 90 days and a fine of not more than 
				$100.00, or both.

	SECTION 5.62a is amended to state in its entirety as follows:

			Section 5.62a.	Operation of a motor vehicle by person whose
					license is suspended, revoked or denied or
					who has never applied for license.

			(1)	A person whose operator's or chauffeur's license or
				registration certificate has been suspended or revoked
				and who has been notified as provided in M.C.L.A. 
				§ 257.212 of that suspension or revocation, whose 
				application for license has been denied, or who has 
				never applied for a license, shall not operate a motor 
				vehicle upon a highway or other place open to the 
				general public or generally accessible to motor 
				vehicles, including an area designated for the parking 
				of motor vehicles within the City of Ferrysburg. A 
				person shall not knowingly permit a motor vehicle owned 
				by the person to be operated upon a highway or other 
				place open to the general public or generally accessible 
				to motor vehicles, including an area designated for the 
				parking of vehicles, within the City of Ferrysburg by a 
				person whose license or registration certificate is 
				suspended or revoked, whose application for license has 
				been denied, or who has never applied for a license, 
				except as permitted under this act. A person who 
				violates this subsection is guilty of a misdemeanor, 
				punishable as follows:

				(a)	If the person's operator's or chauffeur's 
					license has been suspended under M.C.L.A. 
					§ 257.321a because that person has failed to 
					answer a citation or has failed to comply with 
					an order or judgment issued pursuant to 
					M.C.L.A. § 257.907, by imprisonment for not
					more than 90 days, or a fine of not more than
					$100.00, or both.

				(b)	For a violation, other than a violation
					punishable under subdivision (a), by 
					imprisonment for not more than 90 days, or
					by a fine of not more than $500.00, or both. 
					Unless the vehicle was stolen or used with the
					permission of a person who did not knowingly
					permit an unlicensed driver to operate the
					vehicle, the registration plates of the vehicle
					shall be confiscated.

			(2)	Before a person is arraigned before a district court
				magistrate or judge on a charge of violating this
				section, the arresting officer shall obtain the driving
				record of the person from the secretary of state and
				shall furnish the record to the court. The driving 
				record of the person may be obtained from the secretary 
				of state's computer information network.

			(3)	This section shall not apply to a person who operates a
				vehicle solely for the purpose of protecting human life
				or property, if the life or property is endangered and
				the summoning of prompt aid is essential.

			(4)	A person whose vehicle group designation is suspended
				or revoked and who has been notified as provided in
				M.C.L.A. § 257.212 of that suspension or revocation, 
				or whose application for a vehicle group designation 
				has been denied, as provided in this act, or who has
				never applied for a vehicle group designation, and who
				operates a commercial motor vehicle within this state,
				except as permitted under this act, while any of those
				conditions exist is guilty of a misdemeanor, 
				Punishable, except as otherwise provided in this 
				section, by imprisonment for not less than 3 days or 
				more than 90 days, or a fine of not more than $100.00, 
				or both.

	SECTION 5.62b is added to state in its entirety as follows:

		Section 5.62b.	Order of impoundment.

			(1)	When a person is convicted under section 5.62a(1) of the 
				Uniform Traffic Code adopted by the City of Ferrysburg
				of operating a motor vehicle while his or her license 
				to operate a motor vehicle is suspended, revoked, or
				denied, the motor vehicle, if it is owned in whole or 
				in part by that person, shall be impounded for not less
				than 30 or more than 120 days from the date of judgment.

			(2)	An order of impoundment issued pursuant to subsection
				(1) is valid throughout the state. Any peace officer may
				execute the impoundment order. The order shall include 
				the implied consent of the owner of the vehicle to the 
				storage for insurance coverage purposes.

			(3)	The owner of a motor vehicle impounded pursuant to this 
				section is liable for expenses incurred in the removal 
				and storage of the vehicle whether or not the vehicle is 
				returned to him or her. The vehicle shall be returned to 
				the owner only if the owner pays the expenses for 
				removal and storage. If redemption is not made or the 
				vehicle is not returned as provided in this section 
				within 30 days after the time set in the impoundment 
				order for return of the vehicle, the vehicle shall be 
				considered an abandoned vehicle and disposed of as 
				provided in section 2.5a of the Uniform Traffic Code 
				adopted by the City of Ferrysburg.

			(4)	Nothing in this section affects the rights of a 
				conditional vendor, chattel mortgagee or lessor of a 
				motor vehicle registered in the name of another person 
				as owner who becomes subject to this act.

	SECTION 5.97 is amended as follows:

			(1)	Definition.  When used in this section, the term "school 
				bus" means every motor vehicle, except for a station 
				wagon, with a manufacturer's rated seated capacity of 
				eight or more children which is owned by a public, 
				private, or governmental agency and which is operated 
				for the transportation of children to or from school. 
				The term means a motor vehicle, except for a station 
				wagon, that is privately owned and operated for 
				compensation for the transportation of children to or 
				from school. The term does not include a bus that is 
				operated by a municipally owned transportation system
				or by a common passenger carrier certified by the Public
				Service Commission.

			(2)	Overtaking a school bus; violation as a misdemeanor.  
				The driver of a vehicle that approaches or meets a 
				school bus which has stopped and is displaying two 
				alternately flashing red lights located at the same 
				level shall bring the vehicle to a full stop not less 
				than ten feet from the school bus and shall not proceed 
				until the school bus resumes motion or the visual 
				signals are no longer actuated. The driver of the school 
				bus before resuming motion, shall deactivate flashing 
				lights and permit stopped traffic to proceed and shall, 
				when resuming motion, proceed in a manner which will 
				allow congested traffic to disperse by keeping the bus 
				as near to the right side of the road as can be done 
				with safety. A person who violates this subsection 
				shall be guilty of a misdemeanor.

			(3)	Discharge from a school bus; violation as a civil 
				infraction.  Passengers who cross a road upon being 
				discharged from a school bus shall cross in front of the 
				stopped school bus. A person who violates this 
				subsection is responsible for a civil infraction.

			(4)	Stopped school bus at an intersection.  At an 
				intersection where traffic is controlled by an officer 
				or a traffic stop-and-go signal, a vehicle need not be 
				brought to a full stop before passing a stopped school 
				bus, but may proceed past the school bus at a speed
				not greater than is reasonable and proper, but not 
				more than 10 miles an hour, and shall proceed with
				due caution for the safety of passengers being 
				received or discharged from the school bus.

			(5)	Presumption.  In a proceeding for a violation of this
				section, proof that the particular vehicle described in 
				the citation, complaint, or warrant was in violation of 
				this section, together with proof that the defendant 
				named in the citation, complaint, or warrant was, at the 
				time of the violation, the registered owner of the 
				vehicle, shall constitute in evidence a presumption that 
				the registered owner of the vehicle was the driver of 
				the vehicle at the time of the violation.

			(6)	Application.  This section shall apply to a school bus
				transporting passengers on any street or highway within 
				the City limits of the City of Ferrysburg or on a 
				boundary street between the City of Ferrysburg and any 
				other municipality.
(Ord. 61, passed 8-22-79; Am. Ord. 85, passed 9-14-83; Am. Ord. 114, passed 4-11-90; Am. 
Ord. 124, passed 1-20-92; Am. Ord. 141, passed 3-20-95)
Cross-reference:
	Streets and sidewalks; regulated activities; driving of vehicles, see § 50.32
	Bike paths; regulated activities; driving of vehicles, see § 50.49
	Parks and recreation; vehicles, see § 50.05