[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe 4-8-1991 by Ord. No. 91-008. Amendments noted where
applicable.]
STATUTORY REFERENCES
Traffic rules and regulations — See
MCLA §§ 257.601 et seq., 257.634 et seq.; 257.951 et
seq.
The purpose of this chapter is to provide for
the enforcement of vehicle size, weight and load restrictions within
the City in order to reduce damage to the roads and bridges within
the City of Monroe caused by overweight trucks; to reduce the cost
of replacing and maintaining those portions of the infrastructure
affected by said overweight vehicles; to provide for City police officers
certified in motor carrier enforcement to effectively carry out their
duties in restricting vehicles to size, weight and load restrictions
specified under state statute and under the regulations of the Department
of State Police; and to promote safety for residents of the City of
Monroe.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
A vehicle which is self-propelled or a vehicle which is propelled
by electric power obtained from overhead trolley wires but not operated
upon rails.
A vehicle, with or without motive power, designed for carrying
property and for being drawn by a motor vehicle.
A motor vehicle designed, used or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
The local authority designated in this chapter
shall be the Chief of Police of the City of Monroe or his or her designees.
The Monroe Police Department shall enforce this
chapter.
A person shall not drive, and an individual,
partnership, association, corporation, or their lessees or receivers
appointed by any court shall not employ, engage, hire or contract
for hire any person to operate, drive or maintain, any truck, truck
tractor or trailer unless the person meets the qualifications set
forth by the Department of State Police.
An individual, partnership, association, corporation
or its lessees or receivers appointed by any court shall not operate
any truck, truck tractor or trailer or permit any person to drive
any truck, truck trailer or trailer which does not meet driver or
operator safety standards and safety standards for equipment and devices
on trucks, truck tractors or trailers and the loading and unloading
thereof as set forth in rules promulgated by the Department of State
Police.
[Amended 10-2-2006 by Ord. No. 06-013]
A.
The rules and regulations and amendments made thereto,
from time to time, as promulgated by the Department of State Police
pursuant to the Michigan Motor Carrier Safety Act, MCLA §§ 480.11
through 480.22, and made effective October 20, 2005, are adopted and
incorporated by reference as though fully set forth herein.
B.
All sections of the Michigan Motor Carrier Safety
Act incorporated by reference herein shall be identified and designated
with the prefix 590MC, of which 590 is the identification number (ORI)
of the Monroe Police Department in the Michigan State Police Law Enforcement
Information Network (LEIN), and MC identifies the violation as falling
under the Michigan Motor Carrier Safety Act.
C.
The penalties provided by the Motor Carrier Safety
Act, as amended, and the provisions of the state laws herein adopted
by reference are hereby adopted as the penalties for violations of
the corresponding provisions of this chapter.
A.
Any driver or operator who violates this chapter or a rule or regulation adopted by reference by § 440-7, or any owner or user of any truck, truck tractor or trailer, or any officer or agent of any individual, partnership, corporation or association or their lessees or receivers appointed by any court who or which is the owner or user of any vehicle, who or which requires or permits a driver or operator to operate or drive any truck, truck tractor or trailer in violation of this chapter or a rule or regulation adopted by reference by § 440-7, shall be subject to the penalty provided in § 440-12.
B.
A peace officer, upon reasonable cause to believe that a motor vehicle is being operated in violation of this chapter or a rule or regulation adopted by reference by § 440-7, may stop the motor vehicle and inspect the motor vehicle. If a violation is found, the officer may issue a notice to appear for that violation.
When any provision of this chapter or any rule or regulation adopted by reference by § 440-7 has been violated, the offense may be prosecuted in any City in or through which the motor vehicle, driver or operator implicated was situated or passed when the offense was committed.[1]
[1]
Editor's Note: Original Section 450.10, Vehicle
safety; inspection program, which immediately followed this section,
was repealed 10-2-2006 by Ord. No. 06-013.
[Amended 10-2-2006 by Ord. No. 06-013]
A.
AXLE
COMMERCIAL MOTOR VEHICLE
DEPARTMENT
MOTOR CARRIER
MOTOR FUEL
NONPROFIT, PRIVATE, PAROCHIAL, DENOMINATIONAL OR PUBLIC SCHOOL,
COLLEGE OR UNIVERSITY
PERSON
PUBLIC ROADS OR HIGHWAYS
ROAD TRACTOR
TRUCK
TRUCK TRACTOR
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Any two or more load-carrying wheels mounted in a single
transverse vertical plane.
A road tractor, or a truck tractor or a truck having more
than two axles if the road tractor or truck tractor is propelled by
motor fuel. "Commercial motor vehicle" shall not include a road tractor
or a truck tractor owned by a farmer and used in connection with the
farmer's farming operation and not used for hire.
The Revenue Division of the Department of Treasury.
A person who operates or causes to be operated a commercial
motor vehicle on a public road or highway in this City.
Diesel motor fuel as defined by Act 150 of the Public Acts
of 1927 (MCLA § 207.101 et seq.; MSA 7.291 et seq.), as
amended.
An elementary, secondary or postsecondary educational facility.
A natural person, partnership, firm, association, joint-stock
company, syndicate or corporation and any receiver, trustee, conservator
or officer, other than a unit of government, having jurisdiction and
control of property by virtue of law or by appointment of a court.
A road, street or place maintained by this City and generally
open to use by the public as a matter of right for the purpose of
vehicular travel, notwithstanding that they may be temporarily closed
or travel restricted for the purpose of construction, maintenance,
repair or reconstruction.
A motor vehicle designed and used for drawing other vehicles,
but not constructed to carry any load either independently or as a
part of the weight of the vehicle or load being drawn.
A motor vehicle designed, used or maintained primarily for
transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not constructed to carry a load other than a part of
the weight of the vehicle and load being drawn.
B.
Motor carrier license.
(1)
No person shall act as a motor carrier in this City
unless the person is the holder of an unrevoked license issued by
the Department.
(2)
The license shall be affixed to the right-hand side
of the cab of every commercial vehicle while it is being operated
in this state by a licensed motor carrier.
C.
Trip permit.
(1)
A motor carrier may obtain a trip permit which shall
authorize an unlicensed motor carrier to operate one specific commercial
motor vehicle in this City for a period of five consecutive days,
beginning and ending on the dates specified on the face of the permit.
The trip permit shall be issued instead of a license only if the motor
carrier operates on public roads or highways in this City not more
than three times in one calendar year.
(2)
The trip permit may be obtained from the Department
by application in the same manner as a license, or may be made available
by contacting the Department by telegram or similar transmission.
The cost of a telegram or similar transmission shall be the responsibility
of the motor carrier requesting the trip permit.
D.
Violations; penalties; revocation of license.
(1)
A person who makes a false statement or return, who refuses or neglects to make a statement or return required by this chapter, who engages in business in this state as a motor carrier without being a holder of an unrevoked license to engage in this business as provided in this chapter, or who in any way violates this chapter, except as specifically provided by this chapter, is guilty of a misdemeanor and shall be subject to the penalty provided in § 440-12.
[Amended 10-7-1996 by Ord. No. 96-019; 12-4-2000 by Ord. No.
00-018; 12-18-2006 by Ord. No. 06-021]
A.
AMBULANCE
AUTHORIZED EMERGENCY VEHICLE
GROSS WEIGHT
LOCAL TRUCK
SEMITRAILER
THROUGH TRUCK
TRUCK
Definitions. As used in this section, the following
terms shall have the meaning indicated:
A privately or publicly owned motor vehicle for highway use
which is specially designed or constructed and equipped, which is
intended to be used for, and is maintained or operated for, the transportation
of persons who are sick, injured, wounded or otherwise incapacitated
or helpless, including dual purpose police patrol cars and funeral
coaches or hearses, and which is equipped according to Section 7 of
Act 257 of the Public Acts of 1968, as amended (MCLA § 257.1207).[1]
A vehicle of the fire department, a police vehicle, an ambulance,
a privately owned motor vehicle of a volunteer or paid firefighter,
or a privately owned motor vehicle of a volunteer ambulance driver
or a licensed ambulance driver or attendant as is authorized by the
Department of State Police.
The weight of a vehicle without load plus the weight of a
load thereon.
A trucks delivering to or picking up from local businesses
and/or residences.
Every vehicle, with or without motor power, other than a
pole trailer, which is designed to carry persons or property and to
be drawn by a motor vehicle and which is constructed such that some
part of its weight and its load rests on, or is carried by, another
vehicle.
A truck passing through the City which is not making a local
delivery or pickup.
Every motor vehicle designed, used or maintained primarily
for transportation of property and shall include "truck tractor",
"trailer" and "semitrailer," as defined in the Michigan Vehicle Code,
but does not include recreational vehicles.
[1]
Editor's Note: MCLA § 257.1207 was
repealed by Act 330 of the Public Acts of 1976, § 16.
B.
Designation of routes; weight limits on other streets.
(1)
Through truck routes. The operation of any through
truck exceeding 30 feet in length or 12 tons gross vehicle weight
is prohibited on every street in the City except the following streets,
which shall be designated as through truck routes (all streets to
be within the City limits of Monroe):
|
Name of Street
|
Location
| |
|---|---|---|
|
Detroit-Toledo Expressway (I-75)
|
Entire length
| |
|
Jones Avenue
|
Entire length
| |
|
Monroe Street (M-125)
|
Entire length
| |
|
South Custer Road
|
From the west City limits to Telegraph Road
(US-24)
| |
|
Telegraph Road (U.S. 24)
|
Entire length
|
(2)
Local truck routes. The operation of any local truck
exceeding 30 feet in length or 12 tons gross vehicle weight is prohibited
upon every street in the City except the following streets, which
shall be designated as local truck routes (all streets to be within
the City limits of Monroe):
|
Name of Street
|
Location
| |
|---|---|---|
|
All through truck routes designated above
| ||
|
Borchert Park Drive
|
Entire length
| |
|
Conant Avenue
|
From First Street to its southern terminus
| |
|
Cooper Street
|
Entire length
| |
|
Custer Drive
|
Entire length
| |
|
Detroit Avenue
|
From East Elm Avenue to North Dixie Highway
| |
|
Elm Avenue North Custer Road
|
From the western City limits to the eastern
terminus of the street
| |
|
First Street
|
From Front Street to the easterly terminus of
First Street
| |
|
Fredericks Drive
|
From Huber Drive to Telegraph Road
| |
|
Front Street
|
From Telegraph Road (US-24), east to Winchester
Street and from First Street to the easterly terminus of Front Street
| |
|
Harbor Avenue
|
From Rose Street to Mill Street
| |
|
Huber Drive
|
From Noble Avenue to the northerly terminus
of the street
| |
|
Kentucky Avenue
|
From LaPlaisance Road to Front Street
| |
|
Lorain Street
|
From Huber Drive to Telegraph Road
| |
|
Macomb Street
|
From East Third Street north to Elm Avenue
| |
|
Mill Street
|
Entire length
| |
|
Noble Avenue
|
From North Dixie Highway west to the Conrail
Railroad tracks
| |
|
North Dixie Highway
|
From Elm Avenue to I-75
| |
|
Port Avenue
|
Entire length
| |
|
Roessler Street
|
From West Elm Avenue to West Front Street
| |
|
Rose Street
|
From Harbor Avenue to Temes Drive
| |
|
Telb Street
|
Entire length
| |
|
Ternes Drive
|
Entire length
| |
|
Third Street
|
From West Front Street to Conant Avenue, the
easterly terminus of the street
| |
|
West Seventh Street
|
From Telegraph Road east to the CSX Railroad
tracks
| |
|
Winchester Street
|
From East Elm Avenue to Third Street
| |
|
Wood Street
|
From Railroad Street to Conant Street
| |
C.
Exceptions.
(1)
This section shall not be used to prohibit deliveries
or pickups by trucks to and from the nearest truck route to existing
businesses by the nearest/shortest route both to the delivery/pickup
and from the delivery/pickup.
(2)
This section shall not be used to prohibit deliveries
or pickups to or from residents, where the deliveries or pickups are
of merchandise of the type to be utilized in the residences.
(3)
This section shall not be used to prohibit the following:
(a)
The operation of emergency vehicles upon any
street in the City.
(b)
The operation of trucks owned or operated by
the City, any government agency, public utilities or any contractor
or materialman, while engaged in the repair, maintenance or construction
of streets, street improvements or street utilities within the City.
(c)
The operation of a truck upon any official detour
in any case where such truck could lawfully be operated upon the street
for which such detour is established.
(4)
The hauling of an extraordinarily heavy load of equipment
which does not permit a division thereof and which is in excess of
700 pounds per inch in width of tires, as set forth in the Michigan
Vehicle Code, is allowed under unusual conditions, provided that a
moving permit is first obtained and provided that the approval of
the designated officials of the City is first obtained in accordance
with Chapter 1470 of the Building and Housing Code.[2]
[2]
Editor's Note: Chapter 1470, Moving of Buildings,
of the 1995 Codified Ordinances of Monroe, was repealed 3-2-2009 by
Ord. No. 09-002.
D.
Weighing. For the purposes of the enforcement of this
section, it shall be the duty of any person who shall be driving or
in charge or control of any truck which may be upon any street in
the City upon which truck travel is limited or restricted, upon the
demand of any police officer, to proceed to any public or private
scale available for the purpose of weighing and determining whether
the weight thereof is in excess of the weight limit permitted upon
such street.
E.
Parking on City streets. Trucks shall not park on
any City street.
[Amended 4-8-1991 by Ord. No. 91-007; 4-8-1991 by Ord. No.
91-008; 2-22-2005 by Ord. No. 05-002; 12-18-2006 by Ord. No. 06-021]
A.
Whoever violates any of the provisions of this chapter,
for which no penalty is otherwise provided, is guilty of a misdemeanor
and shall be fined not more than $100 or imprisoned not more than
90 days, or both, for each offense.
B.
Whoever violates any of the provisions of Section
450.17[2] shall be guilty of a misdemeanor and shall be fined not
more than $500 or imprisoned not more than 90 days, or both.
[2]
Editor's Note: Original Section 450.17
of the 1995 Codified Ordinances, entitled "Spilling load on highway;
vehicles carrying logs and tubular products," was repealed 10-2-2006
by Ord. No. 06-013.
D.
Whoever violates § 440-11E shall be responsible for a civil infraction and shall be subject to a fine in the amount of $100.
E.
Unless otherwise stated herein; any person responsible
for a civil infraction shall be subject to the civil fine set forth
in the section in which the civil infraction is set forth.
