[Adopted 2-1-2016 by Ord. No. 157]
[1]
Editor's Note: Former Art. IV, which regulated stopping, standing and parking, adopted by Ord. No. 64, effective 6-1-1978, was repealed 6-19-2000.
This article shall be known and cited as the "Chesterfield Township Commercial Vehicle Parking and Storage of Commercial Equipment Ordinance."
The purpose of this article is to preserve the health, safety and welfare of the citizens, motorists and pedestrians by the regulation of traffic, parking and storage of commercial vehicles and equipment therein and to preserve the health, safety and welfare of persons and property in residential areas designed and utilized for residential use by regulating the parking of certain large motor vehicles and commercial equipment that may lead to increased illegal activities in residential areas, that detract from the appearance and residential character of the neighborhoods of the Township and that frequently are impediments to the ingress and egress of emergency and fire protection vehicles and equipment.
This article is adopted in accordance with and pursuant to Act No. 246 of the Public Acts of Michigan of 1945, as amended; Act No. 300 of the Public Acts of Michigan of 1949, as amended; Act No. 235 of the Public Acts of Michigan of 1969, as amended; and Act No. 175 of the Public Acts of Michigan of 1958, as amended.[1]
[1]
Editor's Note: See MCLA § 41.181 et seq.; MCLA § 257.1 et seq; MCLA § 257.941 et seq.; and MCLA § 257.961, respectively.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL MOTOR VEHICLE
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 uses.
COMMERCIAL EQUIPMENT
Any construction equipment or large equipment used primarily in the course of conducting a trade or business.
COMMERCIAL VEHICLE
All motor vehicles used for the transportation of passengers for hire or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for driving other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of the vehicle or load so drawn. Vehicles commonly referred to as "tow trucks," "dump trucks," "tractors" or "tractor/trailers" shall be subject to the prohibitions of this article regardless of their gross vehicle weight.
CONSTRUCTION EQUIPMENT
Bulldozers, front-end loaders, power shovels and other heavy construction equipment or trailers designed for the transportation of such equipment.
GROSS COMBINATION WEIGHT RATING (GCWR)
The value specified by the manufacturer as the loaded weight of a combination vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on that unit.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified by the manufacturer as the loaded weight of a single vehicle.
MOTOR VEHICLE
Every self-propelled device in, upon or by which any person or property is or may be transported or drawn upon the land, including, but not limited to, automobiles, motorcycles, scooters and trucks.
OPERATOR
Any person who is in actual physical control of a motor vehicle.
OWNER
Any person in whose name the legal title of a motor vehicle is registered or, in the event such vehicle is the subject of a lease or conditional sales agreement, the lessee or person with the right of purchase upon performance of the conditions stated in the agreement and with immediate right of possession.
PARKING
The standing of a motor vehicle upon the land, attended or unattended by an operator thereof.
STREET or HIGHWAY
A way or right-of-way open to the public for vehicular travel.
(a) 
The parking of a motor vehicle, the gross vehicle weight of which exceeds 20,000 pounds, or the parking of a commercial vehicle or commercial motor vehicle in a residential area, including but not limited to parking on public and private streets, is prohibited, except as provided for in Section 62-96.
(b) 
Except as provided in Section 62-96, no person shall park or store any commercial vehicle or equipment on private property in a residential district other than in an enclosed building.
(c) 
The parking of commercial vehicles and commercial equipment in a residential district shall be limited to use of such vehicles or equipment in the performance of a service to the adjacent property for the period of time necessary to complete such service, as outlined in Section 62-96.
The parking of the above vehicles is not prohibited in the following circumstances so long as such vehicles do not remain parked or standing in the residential area overnight:
(a) 
Daily services or deliveries being performed within the residential area.
(b) 
Service vehicles temporarily servicing a premises within the residential area.
(c) 
Construction vehicles or equipment on the premises in conjunction with currently ongoing construction activities.
The owner of the commercial vehicle or commercial equipment whose vehicle is stored or parked in a residential district and the owner of the residential property upon which the equipment is being kept shall each be responsible for compliance with the terms of this article. In any proceeding for violation of any parking or storage provision of this article, the person to whom a commercial vehicle is registered, as determined by the registration plate on the vehicle or equipment, shall be presumed in evidence to be the owner of such commercial equipment. For purposes of determining the ownership of property, it shall be presumed that the person whose name appears on the most recent tax assessment roll of the city is the owner of the property.
Any person who violates the provisions of this article shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a penalty not to exceed $500 or imprisonment in the county jail for a period not to exceed 90 days, or both such fine and imprisonment.