[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 No. 64, effective 6-1-1978, was repealed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:
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.
Any construction equipment or large equipment used primarily
in the course of conducting a trade or business.
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.
Bulldozers, front-end loaders, power shovels and other heavy
construction equipment or trailers designed for the transportation
of such equipment.
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.
The value specified by the manufacturer as the loaded weight
of a single 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.
Any person who is in actual physical control of a motor vehicle.
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.
The standing of a motor vehicle upon the land, attended or
unattended by an operator thereof.
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.
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:
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.
