[Adopted 8-2-2004 by Ord. No. 281 (Ch. 74, Art. III, Div. 1, of the 2000 Code of Ordinances)]
To facilitate the removal of snow from Village streets and roads, no person shall park or stop a vehicle as defined in the Uniform Traffic Code and the Michigan Motor Vehicle Code within five feet of the edge of the traveled portion of any Village street or road or in any municipal parking lot between the hours of 2:00 a.m. and 6:00 a.m. from December 1 to April 1 of each year.
When erected parking signs limit the time for which a person may park or stop a vehicle in a particular parking space, zone or lot, no person shall stop or park a vehicle in the space, zone or lot for a period longer than designated on the parking sign during the period of time the time limits are in force as designated on the parking sign.
A disabled person is a person who, for the purposes of this article, has a physical characteristic categorized as a disability that limits ambulation or necessitates the use of a wheelchair for mobility.
No person shall stop, stand or park a vehicle in a parking space clearly identified by an official sign as being reserved for use by disabled persons which is on public property or private property available for public use unless the person is a disabled person as described in Subsection A of this section unless the person is parking the vehicle for the benefit of a disabled person. A certificate of identification issued under MCLA § 257.675(5) to a disabled person shall be displayed in the lower left corner of the front windshield, or a special registration plate issued under MCLA § 257.803d, to a disabled person shall be displayed on the vehicle.
Creation. Pursuant to Public Act No. 154 of 1968 (MCLA § 600.8101 et seq.), and for the purpose of disposing of parking violations, the Village establishes a Parking Violations Bureau to be under the supervision and control of the Chief of Police. This Bureau shall be located at the Village of Spring Lake/City of Ferrysburg police station and shall be administered and operated by the Police Department.
Jurisdiction. Only those violations scheduled in § 365-11 shall be disposed of by the Parking Violations Bureau. In any case, the Chief of Police may decline or refuse to dispose of a parking violation at the Parking Violations Bureau. In such case, any person having knowledge of the facts may file a sworn complaint before any court having jurisdiction of the offense as provided by law.
Rights of violator. 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 Chief of Police 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 if they so desire. The unwillingness of any person to dispose of any violation at the Parking Violations Bureau shall not prejudice that individual or in any way diminish the rights, privileges and protection afforded by law.
The issuance of a parking ticket by a police officer shall be deemed an allegation of a parking violation. Such parking ticket shall indicate that the ticket may be disposed of at the Police Department, the location of the department, and the penalty for the offense for which the parking ticket was issued.
The following parking violations may be disposed of at the Parking Violations Bureau. If disposed of at the Parking Violations Bureau, the civil fine schedule shall be as established by the Village Council and shall be kept on file and available for inspection at the Parking Violations Bureau. Such parking violations shall consist of civil infractions as follows:
All proceedings pending and all rights and liabilities existing, acquiring or incurred at the time this section takes effect are saved, and such proceedings may be consummated under and according to the ordinance in force at the time such proceedings are or were commenced.
If the owner or operator of a vehicle which has been ticketed shall not within the thirty-day period pay or cause to be paid the fees set forth in § 365-11 or make an appearance in the District Court and indicate an intent to dispute the parking ticket, any police officer of the Village may seize such vehicle at any time thereafter, anywhere within the Village. In order that the owner or operator may remove any vehicle which has been thus impounded, that individual shall pay to the Police Department all overdue parking tickets and to the impounder all impounding fees which have accrued against such vehicle during the time of his ownership, and in addition the cost of towing and storage. If at the time of seizure the vehicle has been sold to a bona fide purchaser and transfer of title has been duly made, such new owner may have the car released forthwith by showing his new certificate of title to the proper officers. If the owner or operator disputes liability as to any impoundment fees or any previously incurred impoundment fees, fines, cost, forfeiture or penalty, such owner or operator may have the vehicle released from impoundment by posting a bond, to be approved by the District Judge in an amount not to exceed $500, pending final adjudication of disputed liability. Any vehicle impounded by seizure under any Village ordinance may, after one month from the date of seizure, be sold by the Police Department either at private or public sale to the highest bidder, after first giving the owner of the car as is shown to be in the office of the Secretary of State in which the car is licensed, on the day of seizure, a notice of seizure and proposed sale in writing, delivered in person or sent by registered mail addressed to such person at the owner's place of business or residence as shown in the Secretary of State's office.
[Amended 8-19-2013 by Ord. No. 336; 4-24-2017 by Ord. No. 346]
It shall be unlawful for any person who owns, leases or operates a motor vehicle, mobile home, motor home, recreational vehicle, boat, boat trailer or bus, whether licensed or not, to park or stand such motor vehicle in the parkway area between a sidewalk and the curb of a street or within the boulevard area of such street, but within the public right-of-way area of such street, except under the following circumstances:
The owner of a single-family dwelling which is not situated on a street that has curb and gutter may apply to the Village for a license to park one vehicle within the public right-of-way.
The space on which the motor vehicle may be parked must be a hard surface, which is defined as concrete, asphalt, brick pavers, or a compacted aggregate such as RAP (which must include a border).
The parking space within the public right-of-way must be contiguous with the street.
The motor vehicle utilizing the approved parking space must park parallel with the roadway (and not perpendicular), with the passenger side of the vehicle adjacent to the curb or sidewalk.
No more than one motor vehicle may park in any approved parking space.
The individual who obtains the license from the Village must maintain the approved parking space in conformance with the ordinances of the Village of Spring Lake and may use gravel or dolomite as a product to improve the area.
The approved parking space must be weed-free.
The license will not be issued until the parking space is improved and inspected by the Village of Spring Lake.
The license shall not expire; however, it may not be transferred to anyone other than the original licensee.
The license fee which will be imposed shall be established yearly in conjunction with the annual budget.
The winter parking restrictions set forth in § 365-6 shall apply to all licenses obtained under this section.
A waiver to the license requirement will be granted by the Village Manager to those individuals who have a handicapped parking permit from the State of Michigan.
A waiver to the license requirement may be granted by the Village Council to property owners who do not have the ability to create a driveway based on topography or unusual site restrictions.
Licenses will not be required in the following circumstances: when parking on the roads immediately adjacent to Tanglefoot Park, when parking near religious institutions on Sundays between 9:00 a.m. and 12:00 noon or parking in the vicinity of Hammond Street during sporting events.
It shall be unlawful for any person who owns, leases or operates a motor vehicle, except as a passenger-type vehicle, or light truck under ten-ton rated, to park or stand such motor vehicle on any public street, alley or public parking area overnight.
It shall be unlawful for any person who owns or leases a boat, boat trailer or any other trailer, including a semitrailer, whether attached to a motor vehicle or not, to park or stand such boat or trailer in any public street, alley, or public parking area overnight.
It shall be unlawful for any person who owns, operates or leases a mobile home, bus, motor home, or recreational vehicle to park or stand such mobile home, bus, motor home or recreational vehicle in any public street, alley or public parking area overnight.
It shall be unlawful for any person who owns, operates or leases a commercial or industrial motor vehicle in excess of 3/4 ton to let it be parked or stored on any public street, alley or public parking area within any residential zoning district; however, this subsection shall not prevent temporary parking of not to exceed eight hours' duration while engaged in a delivery, pickup or service call to the property where located.
It shall be unlawful for any person who owns, operates or leases a motor vehicle or trailer to park, stand or store such motor vehicle or trailer while in a public park on a grassy or lawn area or in an area not marked or designated for vehicle parking or trailers.
Any individual who is the registered owner of a motor vehicle, boat, or trailer, as disclosed by the registration records of the state, province, or country where it is licensed, is deemed to be responsible for the locating of such motor vehicle, boat or trailer in violation of this section; and whether such owner has knowledge of the unlawful locating of such motor vehicle, boat or trailer is irrelevant, the violation of any such subsection being a civil infraction by the owner; provided the lessee of a leased vehicle having a lease term in excess of one month shall in all cases be deemed the owner of such motor vehicle for purposes of this section. The lessor of a leased vehicle having a lease term of one month or less, or if a daily or weekend rental vehicle, shall in such cases be deemed the owner of such motor vehicle for purposes of this section.
A separate offense shall be deemed committed upon each day during or when a violation of this section occurs or continues.