Senate Introduced Bill 1235
























SENATE BILL NO. 1235


   September 15, 1998, Introduced by Senator BENNETT and referred to
        the Committee on Local, Urban and State Affairs.



        A bill to amend 1956 PA 62, entitled

   "An act to authorize the director of the department of state
   police to promulgate a uniform traffic code; to authorize a city,
   township, or village to adopt the uniform traffic code by refer-
   ence without publication in full; and to prescribe criminal pen-
   alties and civil sanctions for violation of the code,"

   by amending sections 1 and 3 (MCL 257.951 and 257.953), section 1

   as amended by 1993 PA 225.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  (1) A city, township, or village may adopt by ref-

 2    erence a code or ordinance for the regulation of traffic within

 3    cities, townships, and villages which has been promulgated by the

 4    director of the department of state police.  The director of the

 5    department of state police may promulgate a uniform traffic code

 6    pursuant to the administrative procedures act of 1969,  Act

 7     No. 306 of the Public Acts of 1969, as amended, being
                       sections




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 1    24.201 to 24.328 of the Michigan Compiled Laws 
             1969 PA 306, MCL

 2    24.201 TO 24.328.

 3         (2) A city, township, or village, with the consent of, or at

 4    the request of, a person who is in charge of a private road or

 5    parking lot, whether or not that road or parking lot is open to

 6    the general public, may contract with that person for the city,

 7    township, or village to enforce provisions of the uniform traffic

 8    code or ordinance adopted under this section on that private road

 9    or parking lot.  As used in this subsection, "person" means an

10    individual, corporation, association, partnership, or other legal

11    entity.

12         (3) A uniform traffic code promulgated by the director of

13    the department of state police under this section shall specify

14    whether a person who violates a particular provision of the code

15    is guilty of a misdemeanor or is responsible for a civil

16    infraction.  The director may establish civil sanctions for civil

17    infractions, except that a civil sanction in excess of that pre-

18    scribed in the vehicle code is in conflict with that act and is

19    void to the extent of the conflict.  The uniform traffic code

20    shall not impose a criminal penalty for an act or omission which

21    is a civil infraction under the vehicle code.

22         (4) Violation of a provision designated a civil infraction

23    in the uniform traffic code shall be processed in the same manner

24    as a civil infraction under the vehicle code.

25         (5) Notwithstanding the requirements of the uniform traffic

26    code, a handicapped parking sign shall be 12 inches by 18 inches

27    or larger, and shall be either blue or white and at a minimum



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                                   3

 1    contain the international handicapped symbol in contrasting

 2    colors of either blue or white in the center of the sign.

 3         (6) The provisions of the uniform traffic code promulgated

 4    pursuant to this act that relate to driving while under the

 5    influence of an alcoholic beverage or driving with impaired abil-

 6    ity shall be identical to the provisions of sections 625 to

 7     625m  625N of the Michigan vehicle code, 
             Act No. 300 of the

 8     Public Acts of 1949, as amended, being sections 257.625 to

 9     257.625m of the Michigan Compiled Laws  1949 PA
                       300, MCL 257.625

10    TO 257.625N.

11         (7) For purposes of this section, "vehicle code" means the

12    Michigan vehicle code,  Act No. 300 of the Public Acts of
             1949,

13     as amended, being sections 257.1 to 257.923 of the Michigan

14     Compiled Laws  1949 PA 300, MCL 257.1 TO 257.923.

15         Sec. 3.  If the  commissioner  DIRECTOR of the
             DEPARTMENT OF

16    state police  shall thereafter amend such  AMENDS
             THE code,  any 

17    A city, township, or village  which  THAT has
             adopted  such  THE

18    code by reference may adopt  such  THE amendment by
             reference by

19    the same procedure as required for the adoption of the original

20    code  , or such amendment may be adopted  OR by
             enacting an ordi-

21    nance setting forth the entire text of  such  THE
             amendment.

22    HOWEVER, IF THE ORDINANCE ADOPTING THE ORIGINAL CODE EXPLICITLY

23    PROVIDES OR IS AMENDED TO PROVIDE THAT FUTURE AMENDMENTS TO THE

24    CODE ARE INCORPORATED BY REFERENCE WHEN, OR A SPECIFIED PERIOD OF

25    TIME AFTER, THE AMENDMENTS TO THE CODE ARE PROMULGATED AND EFFEC-

26    TIVE, THE AMENDMENTS TO THE CODE ARE AUTOMATICALLY INCORPORATED

27    IN THE ORDINANCE.



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