May 18, 2005, Introduced by Reps. Stakoe, Anderson and Amos and referred to the Committee on Judiciary.
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 reference
without publication in full; and to prescribe criminal penalties
and civil sanctions for violation of the code,"
by amending section 1 (MCL 257.951), as amended by 1998 PA 69.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A city, township, or village may adopt by
reference a code or ordinance for the regulation of traffic within
cities, townships, and villages that has been promulgated by the
director of the department of state police. The director of the
department
of state police may promulgate a uniform traffic code
pursuant
to in compliance with the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) A city, township, or village, with the consent of, or at
the request of, a person who is in charge of a private road that is
not open to the general public or a parking lot, whether or not
that road
or parking lot is open to the general public, may
contract with that person for the city, township, or village to
enforce provisions of the uniform traffic code or ordinance adopted
under this section on that private road or parking lot. A city,
township, or village may enter upon a private road that is
accessible to the general public to enforce provisions of the
uniform traffic code or an ordinance adopted under this section if
signs meeting the requirements of the uniform manual of traffic
control devices are posted on the private road by the person who is
in charge of the private road. As used in this subsection, "person"
means an individual, corporation, association, partnership, or
other legal entity.
(3) A uniform traffic code promulgated by the director of the
department of state police under this section shall specify whether
a person who violates a particular provision of the code is guilty
of a misdemeanor or is responsible for a civil infraction. The
director may establish civil sanctions for civil infractions,
except that a civil sanction in excess of that prescribed in the
vehicle code is in conflict with that act and is void to the extent
of the conflict. The uniform traffic code shall not impose a
criminal penalty for an act or omission that is a civil infraction
under the vehicle code.
(4) Violation of a provision designated a civil infraction in
the uniform traffic code shall be processed in the same manner as a
civil infraction under the vehicle code.
(5) Notwithstanding the requirements of the uniform traffic
code, a sign designating a parking space for persons with
disabilities
shall be 12 inches by 18 inches or larger , and
shall be either blue or white and at a minimum contain the
international handicapped symbol in contrasting colors of either
blue or white in the center of the sign.
(6) The provisions of the uniform traffic code promulgated
pursuant to this act that relate to driving while under the
influence of an alcoholic beverage or driving with impaired ability
shall be identical to the provisions of sections 625 to 625m of the
Michigan vehicle code, 1949 PA 300, MCL 257.625 to 257.625m.
(7) For purposes of this section, "vehicle code" means the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4806(request no.
00167'05 *) of the 93rd Legislature is enacted into law.