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Chapter 92
TRAFFIC AND VEHICLES*
Article I. In General
Secs. 92-1—92-13. Reserved.
Article II. Michigan Vehicle Code
Sec. 92-14. Code adopted.
Sec. 92-15. References in code.
Sec. 92-16. Notice to be published.
Sec. 92-17. Penalties.
Secs. 92-18—92-30. Reserved.
Article III. Uniform Traffic Code
Sec. 92-31. Code and amendments and revisions adopted.
Sec. 92-32. References in code.
Sec. 92-33. Changes in code.
Secs. 92-34—92-50. Reserved.
Article IV. Junk Vehicles
Sec. 92-51. Title.
Sec. 92-52. Purpose.
Sec. 92-53. Definitions.
Sec. 92-54. General prohibition.
Sec. 92-55. Storage requirements and prohibitions.
Sec. 92-56. Notice of violation; removal; impounding; penalty.
Secs. 92-57—92-70. Reserved.
Article V. Local Parking Restrictions
Sec. 92-71. Parking restrictions.
Sec. 92-72. Snow emergency.
Sec. 92-73. Parking violations bureau; minimum parking fines.
Sec. 92-74. Marina parking restrictions; violation as a municipal civil
infraction; public boat launch permit.
Secs. 92-75—92-99. Reserved.
Article VI. Electric Scooters and Bikes
Sec. 92-100. Purpose.
Sec. 92-101. Definitions.
Sec. 92-102. Rules and regulations.
Sec. 92-103. Registration.
Sec. 92-104. Enforcement.
Secs. 92-105—92-199. Reserved.
Article VII. Pedicabs
Sec. 92-200. Purpose.
*State law references—Michigan Vehicle Code, MCL 257.1 et seq.; regulations by local authorities, MCL 257.605, 257.606,
257.610.
Supp. No. 16 CD92:1
MUSKEGON CITY CODE
Sec. 92-201. Definitions.
Sec. 92-202. Operating regulations.
Sec. 92-203. Vehicle regulations.
Sec. 92-204. Application for operating permit.
Sec. 92-205. Pedicab identification number and decal.
Sec. 92-206. Fees.
Sec. 92-207. Grounds for denial, suspension or revocation of license.
Sec. 92-208. Preliminary breath test.
Sec. 92-209. Penalty.
Secs. 92-210—92-299. Reserved.
Article VIII. Unlawful Speed Exhibition Events
Sec. 92-300. Purpose.
Sec. 92-301. Definitions.
Sec. 92-302. Prohibited conduct.
Sec. 92-303. Vehicle impoundment and warning procedure.
Sec. 92-304. Penalties.
Supp. No. 16 CD92:2
TRAFFIC AND VEHICLES § 92-33
ARTICLE 1. IN GENERAL (b) Any violation which the Michigan Vehicle
Code states is a civil infraction shall be considered
a municipal civil infraction.
Secs. 92-1—92-13. Reserved. (Ord. No. 2080, § 4, 6-25-2002)
State law reference—Authority to adopt the Michigan
vehicle code by reference, MCL 117.4i(k).
ARTICLE II. MICHIGAN VEHICLE CODE
Secs. 92-18—92-30. Reserved.
Sec. 92-14. Code adopted.
ARTICLE III. UNIFORM TRAFFIC CODE*
The Michigan Vehicle Code, Public Act No.
300 of 1949 (MCL 257.1 et seq.) and all future Sec. 92-31. Code and amendments and revi
amendments and revisions, is adopted by refer sions adopted.
ence, and is incorporated in the traffic code and
ordinances of the city as authorized by statute. The Uniform Traffic Code for Cities, Town
(Ord. No. 2080, § 1, 6-25-2002) ships and Villages, as promulgated by the direc
tor of the director of the department of state
police pursuant to the administrative procedures
Sec. 92-15. References in code.
act of 1969, Public Act No. 306 of 1969 (MCL
24.201 et seq.). and made effective October 30,
The references in the Michigan Vehicle Code 2002, is incorporated by reference.
to "local authorities" means the City of Mus (Code 1975, § 20-1; Code 2002, § 92-31)
kegon. State law reference—Authority to adopt Uniform Traf
(Ord. No. 2080, § 2, 6-25-2002) fic Code by reference, MCL 257.951 et seq.
Sec. 92-16. Notice to be published. Sec. 92-32. References in code.
The references in the Uniform Traffic Code for
The city clerk shall publish the ordinance Cities, Townships and Villages to "governmental
from which this article is derived in the manner unit" shall mean the City of Muskegon.
required by law and shall publish, at the same (Code 1975, § 20-2; Code 2002, § 92-32)
time, a supplementary notice stating the purpose
of the Michigan vehicle code and of the fact that Sec. 92-33. Changes in code.
a complete copy of the code is available to the
public at the office of the city clerk for inspection. The following rules of the Uniform Traffic
(Ord. No. 2080, § 3, 6-25-2002) Code for Cities, Townships and Villages are
hereby amended or deleted as set forth and
additional rules are added as indicated.
Sec. 92-17. Penalties. Subsequent rule numbers used in this section
shall refer to the like-numbered rules of the
(a) Unless otherwise authorized by statute, Uniform Traffic Code for Cities, Townships and
violations of the misdemeanor provisions of the Villages.
said incorporated Michigan Vehicle Code shall
be limited to fines not exceeding $500.00, or Rule 1 (1) (k.l) is added to read as follows:
imprisonment for up to 93 days, or both. Penalty
provisions of the Michigan Vehicle Code in excess Rule 1 (1) (k.l). "Parkway" means that part of
of the said maximums are not enforceable in the a street lying between the property lines and
city in the absence of statutory authority. If said that portion of the street ordinarily used for
vehicular travel.
authority is given, the penalties provided in the
Michigan Vehicle Code shall apply to the extent *State law reference—Uniform Traffic Code, MCL
authorized by statute. 257.951 et seq.
Supp. No. 3 CD92:3
§ 92-33 MUSKEGON CITY CODE
Rule 106 is added to read as follows: (2) The police agency or department which
impounds a vehicle under this section
Rule 106. Impounding or immobilizing vehicles.
shall follow the procedures set forth in
(1) The city may impound vehicles on public rules 105 and 106 except that impound
or private property and remove them or ment may take place immediately without
cause them to be removed to a storage notice. In addition:
facility, or immobilize vehicles, or do both
under the circumstances set forth and (a) Accrued charges to be paid by the
described in this section and MCL owner shall include any previously
257.252a et seq., including, without limita incurred impounding fees, fines,
tion, when such impounding or costs, forfeitures or penalties aris
immobilization is ordered or authorized ing out of the ownership or opera
by a court. tion of such vehicle, or any other
vehicle owned or operated by such
(2) The city may immobilize vehicles by the person. Accrued charges shall also
use of devices such as the boot, the club, include previously unpaid and cur
or other device which prevents the move rent reasonable charges for impound
ment of a vehicle, which devices shall be and storage of the vehicle. The owner
in the control and possession of the police shall also pay an impound fee as
department of the city. determined by city commission
The city commission determines that the condi resolution.
tions and circumstances described in this section
(b) If the owner or operator disputes
constitute situations requiring impoundment or
liability as to any impoundment
immobilization of vehicles to safeguard the public
fees or any previously incurred
safety, health and welfare, aid in traffic safety
impoundment fees, fines, costs,
enforcement, minimize congestion and accomplish
forfeitures or penalties, such owner
reasonable law enforcement objectives.
or operator may have the vehicle
Rule 107 is added to read as follows: released from impoundment by post
ing a cash deposit equal to the
Rule 107. Impounding of vehicles; failure to
impound fee, the tickets, fines and
answer parking notices or citations.
the cost of towing and storage not to
(1) The police department or a police agency exceed $500.00, to the clerk of the
enforcing the city ordinances may district court or the city's police
immediately impound a vehicle found on department, pending final adjudica
public property or on a public street tion of the disputed liability. Upon
whose owner has failed to answer six or the posting of the required cash
more parking violation notices or cita deposit, the police department shall
tions resulting from violations of provi execute a release of the vehicle from
sions of this traffic code or any other impoundment and, upon delivery of
ordinance of the city under which park such release to the operator of the
ing violations or citations have been impound lot, the owner or operator
issued, including but not limited to illegal of the vehicle shall thereupon be
parking at boat ramps, in parks, in spaces restored to possession thereof. If
for parking for disabled persons, or at the district court determines that
other locations in the city. The impound the owner or operator of the vehicle
ment may take place whenever the police did not fail to answer six or more
agency or department identifies the parking violation notices or cita
vehicle, whether during a parking viola tions regarding illegal parking the
tion after the sixth failure to answer or city shall refund the entire deposit
at any other time. and shall assume and pay all towing
Supp. No. 3 CD92:4
TRAFFIC AND VEHICLES § 92-33
and storage fees. If the owner or for immobilization, time limits and
operator is determined to have failed circumstances for impoundment, and
to answer said notices or citations information regarding fee, payment
legally hereunder which resulted in of tickets or citations and redemp
the vehicle impound, the city shall tion. The notice shall, if applicable,
apply the cash deposit to the fees, state if the vehicle is subject to a
fines and costs assessed by the court-ordered impoundment and,
district court, and refund the bal therefore, not redeemable except by
ance, if any, to the person who made the terms of the court order. The
the cash deposit. notice shall provide the following
additional information:
(3) "Unanswered" means failure to pay, have
dismissed or appear in person at the city (1) Date and time the notice is
hall to respond to the citation. affixed;
Rule 108 is added to read as follows: (2) Police department address;
(3) The name and badge number
Rule 108. Immobilization of vehicles. of the officer affixing the notice;
(1) A vehicle found on public property or on and
a public street and, in circumstances (4) The year, make and vehicle
limited and defined under this section, a identification number of the
vehicle on private property, may be vehicle, if available.
immobilized by the city using a device
referred to in rule 106(2) under the fol (b) Cause the immobilization device to
lowing circumstances, deemed by the city be attached to the vehicle by trained
to be necessary for the public health, personnel.
safety and welfare, including traffic safety (c) If a responsible person or the owner
enforcement, minimizing of traffic conges has not appeared at the police
tion and accomplishing reasonable law department to redeem the vehicle
enforcement objectives: by paying outstanding tickets or
(a) The conditions set forth in MCL citations, or accomplished other
257.252a, 257.252b, 257.252d and remedial actions and paying fees
rule 107. within 48 hours of the notice, the
vehicle shall be impounded and the
(b) The vehicle is subject to an impound procedure under MCL 257.252d shall
ing order of a court. Such apply.
immobilization may also be used on
private property. (3) Redemption from immobilization. A
responsible person may redeem a vehicle
(c) The vehicle is subject to an impound from immobilization as follows:
ing procedure of this or any other
jurisdiction and has been wrong (a) Paying all outstanding parking
fully removed from a storage facil tickets or citations, default judg
ity or impounding company. ments and costs involving the
vehicle, or posting a bond for the
(2) Procedure for immobilization; impound entire amount thereof; and
ment. The city, by its police department,
shall do the following with a vehicle (b) Paying the immobilization fees.
subject to immobilization: Removal of device. No immobilization
(a) Affix a sticker to the windshield or device may be removed from a vehicle
driver's side window containing unless the vehicle is properly redeemed
information pertaining to the reason or the police department has impounded
Supp. No. 3 CD92:5
§ 92-33 MUSKEGON CITY CODE
the vehicle. Unauthorized removal by term of imprisonment of not more than
any person shall constitute a 90 days and a fine of not more than
misdemeanor. $100.00, or both.
Rule 109 is added to read as follows: Rule 434 is amended to read as follows:
Rule 109. Court-ordered immobilized or Rule 434. Obedience to no-turn signs; violation
impounded vehicle. is civil infraction.
(1) When authorized signs are erected indicat
Any vehicle immobilized or impounded under
ing that right, left, or U-turns are not
a court impounding order shall not be redeemed
permitted, a driver of a vehicle shall not
or released except in accordance with the court
order. disobey the directions of any such signs.
(2) A driver of a vehicle shall not turn such
Rule 110 is added to read as follows: vehicle so as to proceed in the opposite
Rule 110. Fees. direction upon any street, unless such
movement can be made in safety and
Fees shall be charged for immobilizations and without interfering with other traffic.
impoundment to defray the cost of these enforce However, no such turn shall be made
ment procedures. The city commission shall where a sign prohibiting such turn has
determine the fees to be paid by resolution. been erected or at any intersection
controlled by a traffic signal.
Rule 159 is added to read as follows:
(3) A person who violates this section is
Rule 159. Appointment of traffic engineer. responsible for a civil infraction.
The city manager is hereby appointed to fill Rule 453 is amended to read as follows:
the office of traffic engineer established pursu
Rule 453. Avoidance of traffic control devices
ant to rule 125.
prohibited; violation is civil infraction.
Rule 416c is hereby amended to read as (1) No person shall drive or operate a motor
follows: vehicle through any gasoline filling sta
Rule 416c. Consumption of alcoholic liquor on tion or service station driveway, unless
a highway, public place, or area generally acces for the purpose of obtaining service at
sible to motor vehicles, including area designated such station, and no person shall drive or
for parking of vehicles; violation punishable by a operate a motor vehicle through or upon
misdemeanor. any public parking lot, unless for the
purpose of parking such motor vehicle in
(1) A person shall not consume alcoholic such parking lot.
liquor upon a highway, street, alley, or
(2) A driver of a vehicle shall not attempt to
any public or private property which is
avoid obedience to any traffic control
open to the general public and which is
device by driving on or through any
not licensed to sell alcoholic liquor for
private property.
consumption on the premises, or within
the passenger compartment of a moving (3) A person who violates this section is
vehicle upon a highway or in any place responsible for a civil infraction.
open to the general public or generally
Rule 500 is added to read as follows:
accessible to motor vehicles, including an
area designed for the parking of vehicles Rule 500. Trees and plants not to interfere
in the city. with view of traffic at intersections.
(2) A person who violates this section is (1) All trees, shrubbery or growing plants
guilty of a misdemeanor, punishable by a located on the parkway at or near the
Supp. No. 3 CD92:6
TRAFFIC AND VEHICLES § 92-33
corners of any street intersection shall be shall be assessed a fine of not less than
kept trimmed or so maintained as not to $200.00 or sentenced to not less than 20
obscure, obstruct or in any manner days in the county jail, or both.
interfere with the view of pedestrians or
drivers or operators of vehicles approach (5) Any person convicted of a third or
ing or entering such intersections, and subsequent violation of this section shall
should the owner or person responsible be guilty of a misdemeanor, and upon
therefor fail to so trim or maintain such conviction thereof, shall be assessed a
trees, shrubbery or growing plants, it fine of not less than $300.00 or sentenced
shall be the duty of the department of to not less than 30 days in the county
public works to trim or remove the same jail, or both.
without notice.
Rule 598. Passing of bicycles. Except when
(2) A person who violates this section is
overtaking and passing on the right is permitted,
responsible for a civil infraction.
the following rules shall govern a driver of a
Rule 501 is added to read as follows: motor vehicle overtaking a bicycle proceeding in
the same direction:
Rule 501. Vehicles to be operated only in areas
designated for vehicular travel. (1) If there is more than one lane for traffic
proceeding in the same direction, move
(1) No person shall drive or operate a motor the vehicle to the lane to the immediate
vehicle in any area or place other than left, if the lane is available and moving
the public streets and roadway or other into the lane is reasonably safe.
such areas so designated for vehicular
travel, and no person shall drive or oper (2) If there is only one lane for traffic proceed
ate a motor vehicle along or upon any ing in the same direction, pass to the left
unpaved parkway, except where the same of the person operating a bicycle at a safe
is used for a driveway to enter private or distance, which must be not less than
public property, nor shall any person five feet between any portion of the
drive or operate a motor vehicle in any vehicle and the bicycle, and shall not
public park, beach or other public area, move again to the right side of the highway
except in those areas designated for until the vehicle is safely clear of the
vehicular travel therein. overtaken person operating a bicycle.
(2) In all cases of violations under this sec (3) The driver of a motor vehicle may drive
tion either the registered owner or the to the left of the center of a roadway,
operator of such vehicle may be proceeded including when a no passing zone is
against in the district court, and the marked, to pass a person operating a
registered owner of the vehicle at the bicycle only if the roadway to the left of
time of the violation shall be presumed to the center is unobstructed for a sufficient
be the violator as well as the actual distance to permit the driver to pass the
operator thereof. person operating the bicycle safely and
(3) Any person who violates this section is avoid interference with oncoming traffic.
guilty of a misdemeanor, and, upon convic This paragraph does not authorize driv
tion, shall be assessed a fine of not less ing on the left side of the center of the
than $100.00 or sentenced to not less roadway when otherwise prohibited by
than ten days in the county jail, or both. local ordinance or state law.
(4) Any person convicted of a second viola (4) Any person violating the provision of this
tion of this section shall be guilty of a section shall be responsible for a municipal
misdemeanor, and upon conviction thereof, civil infraction.
Supp. No. 5 CD92:7
§ 92-33 MUSKEGON CITY CODE
Rule 628 is added to read as follows: Rule 629 is added to read as follows:
Rule 628. Registration. Rule 629. License number and plate generally.
(1) Upon receipt of the fee prescribed by rule
(1) No bicycle shall be propelled or operated
628 and a satisfactory application pursu
upon any of the public streets, sidewalks,
ant to such section, the chief of police or
avenues, lanes, alleys, parks, bridges or
public places within the city, unless such his designated representative shall assign
bicycle is registered with the police depart a number to each bicycle so registered
and delivery to the applicant a license
ment. Application for such registration
plate bearing the number so assigned.
shall be filed with the police department,
Such license plate shall be firmly attached
stating the owner's name, residence
to the rear of the bicycle and shall be
address, the make and model of the
valid for that bicycle only and shall not
bicycle, the serial number of the bicycle
and such other information relative to be transferred from one bicycle to another.
Upon assigning such number and issu
the bicycle as the chief of police or his
ance of such plate, the number of such
designated representative shall require.
Such application shall be made upon bicycle shall be stamped upon the
framework of the bicycle so registered.
blank forms furnished by the police
department. (2) All bicycle license plates shall remain
the property of the city, and the chief of
(2) The chief of police or his designated police or any of the policemen of the city
representative shall file all applications are hereby authorized to confiscate and
for registration of bicycles in the police take possession and custody of any such
department and keep a complete and plate attached to any such bicycle for
accurate record of the facts appearing which it was not issued, or when the
therein together with a numerical list of person to whom the plate was issued has
the license plate numbers assigned to made or is making unlawful use thereof.
each bicycle.
(3) In the event of the loss of a plate issued
(3) The fee for the registration of a bicycle under this section, a duplicate plate may
under this section shall be as currently be obtained by paying the cost thereof to
established or as hereafter adopted by the city.
resolution of the city commission from
time to time. All money derived from the (4) A person who violates this section is
registration of bicycles shall be paid by responsible for a civil infraction.
the police department into the general Rule 630 is added to read as follows:
fund of the city.
Rule 630. Removal, alteration, etc., of license
(4) In the event of transfer of ownership of a or frame number, license plate, seal, etc.
bicycle registered under this section, the
new owner shall, within ten days from (1) It shall be unlawful for any person to
such transfer, make application on a willfully or maliciously remove, destroy,
similar form for the transfer of registra mutilate or alter the number of any
tion to the new owner, and shall bicycle frame registered pursuant to the
accompany such application with a article. It shall be unlawful for any person
transfer fee as currently established or to remove, destroy, mutilate or alter any
as hereafter adopted by resolution of the bicycle license plate, seal or registration
city commission from time to time. card during the time in which such license
plate, seal or registration card is opera
(5) A person who violates this section is tive. Nothing in this section shall prohibit
responsible for a civil infraction. the police department from stamping
Supp. No. 5 CD92:8
TRAFFIC AND VEHICLES § 92-33
numbers on the frames of bicycles on Rule 633 is added to read as follows:
which no serial number can be found, or
on which such number is illegible or Rule 633. Pedal bicycle with helper motor not
insufficient for identification purposes. to be ridden on sidewalks.
(2) The police department is herewith (1) No person shall ride a pedal bicycle with
empowered and authorized to impound helper motor on city sidewalks.
any unlicensed bicycle or any bicycle
found with the license or frame number (2) A person who violates this section is
removed, destroyed, mutilated or altered responsible for a civil infraction.
until such time as the person in posses
sion, or the owner of the bicycle, can Rule 634 is added to read as follows:
prove ownership. In the event proper
ownership is not proven within 60 days Rule 634. Racing and trick riding.
after the date of impoundment, the bicycle (1) It shall be unlawful for any person riding
can be sold at public auction. a bicycle to race with any other person
(3) A person who violates this section is riding a bicycle, to ride without using
responsible for a civil infraction. both hands on handlebars, or to indulge
in other trick riding upon any streets,
Rule 631 is added to read as follows: sidewalks, avenues, lanes, alleys, parks,
Rule 631. Riding prohibited on limited access bridges or other public places within the
or multilane roadway. city.
(1) No person shall ride any bicycle on Seaway (2) A person who violates this section is
Drive, or any other limited access roadway responsible for a civil infraction.
within the city, where parking has been
prohibited. Any person operating along Rule 635 is added to read as follows:
these routes shall be required to use the
pedestrian walkway adjacent thereto. Rule 635. Riding abreast, curving to and fro.
(2) A person who violates this section is (1) It shall be unlawful to ride abreast on
responsible for a civil infraction. bicycles upon any highway or public street,
or to ride curving to and fro thereon. It
Rule 632 is added to read as follows: shall be unlawful for bicycles to be ridden
Rule 632. Operation in dangerous districts. abreast on the sidewalks of the city,
except when passing.
(1) If the safety of the operator of a bicycle,
the condition of the sidewalk or highway, (2) A person who violates this section is
the foot or vehicular traffic, including the responsible for a civil infraction.
safety of pedestrians, is such in any
district as to require the operator of the Rule 636 is added to read as follows:
bicycle to dismount and push the vehicle
or to avoid such district in the exercise of Rule 636. Riding on private property.
ordinary caution and prudence, it shall
be the duty of such operator of any (1) No person riding a bicycle shall ride the
bicycle to dismount and push the same same upon or across the private property
through such dangerous district or to of another person without the permission
avoid the district entirely while it is of the owner of such property or the
unsafe for the operation of such bicycle. person in rightful possession thereof.
(2) A person who violates this section is (2) A person who violates this section is
responsible for a civil infraction. responsible for a civil infraction.
Supp. No. 5 CD92:9
§ 92-33 MUSKEGON CITY CODE
Rule 717 is added to read as follows: request of a police officer, or at the
request of the owner or occupant of the
Rule 717. Standing in street or alley so as to abutting property, if the vehicle has been
interfere with vehicular traffic. parked over three hours, or if it is a
(1) No pedestrian shall stand or otherwise commercial vehicle, after it has been
remain in any street or alley so as to parked over one hour.
obstruct the free movement of vehicular
(2) A person who violates this section is
traffic.
responsible for a civil infraction.
(2) A person who violates this section is
responsible for a civil infraction. Rule 830 is added to read as follows:
Rule 718 is added to read as follows: Rule 830. Interference with enforcement.
Rule 718. Pedestrians: remaining in street or (1) No person shall knowingly and willfully
road. obstruct or interfere with the enforce
ment of any of the provisions of this
(1) Where sidewalks are provided or where traffic code regulating the standing or
public beaches, parkland or other acces parking of motor vehicles nor shall any
sible public property is adjacent to a person knowingly or willfully obstruct or
street or public right-of-way, it is unlaw interfere with any police officer or other
ful for pedestrians to remain in the street city employee while such police officer or
or road, including traveled portions and other city employee is engaged in the
parking areas in said street or road. enforcement of any of the provisions of
(2) A person who violates this section shall this chapter regulating the standing or
be responsible for a civil infraction. parking of motor vehicles.
Rule 825 is added to read as follows: (2) A person who violates this section is
responsible for a civil infraction.
Rule 825. Vehicles parked in restricted area
deemed stationary if not moved more than 50 Rule 831 is added to read as follows:
feet. Rule 831. Unlawful conduct at scene of accident.
Vehicles parked in the restricted parking area, (1) No person shall proceed to the scene of
which are not moved, more than 50 feet during an accident or other emergency or stop
the limited parking period, shall be deemed to and park a vehicle or congregate in the
have remained stationary. vicinity thereof so as to interfere with
police officers or other persons perform
Rule 826 is added to read as follows:
ing their duties at the scene of such
Rule 826. Impounding of vehicles for failure to accident or other emergency, or for the
answer parking violation notices or citations. purpose of advertising or offering any
service for hire, nor shall any person
In addition to the infractions and penalties set thereat solicit gainful employment of any
forth in this traffic code for parking violations, nature.
vehicles may be impounded in the circumstances
set forth in Rule 107. (2) A person who violates this section is
responsible for a civil infraction.
Rule 829 is added to read as follows:
Rule 903 is amended to read as follows:
Rule 829. Moving of parked vehicle at request
of police officer or owner or occupant of abutting Rule 903. Penalties; civil infraction and
property misdemeanor.
(1) The operator of a vehicle which is parked (1) Civil infraction. Any violation of the
shall move the same at any time at the uniform traffic code adopted or amended
Supp. No. 5 CD92:10
TRAFFIC AND VEHICLES § 92-53
by the city which is designated as a civil ARTICLE IV. JUNK VEHICLES
infraction is not a crime and shall not be
punishable by imprisonment or a penal Sec. 92-51. Title.
fine. A civil infraction shall not be
considered a lesser included offense of This article shall be known as the junk vehicle
any criminal offense. Civil infraction fines ordinance.
shall be in any amount, if not specifically (Ord. No. 2038, § 12-53, 12-12-2000)
set forth, up to $500.00, or set forth in a
schedule adopted by the district court Sec. 92-52. Purpose.
pursuant to statute. The fines shall be
exclusive of costs, expenses or fees. This article is enacted to protect the health,
safety and welfare of the city and its citizens,
and, further, in particular, to prevent and prohibit
(2) Misdemeanor. Unless another penalty is
the storage, accumulation and improper disposal
expressly provided by the ordinances of
of abandoned, wrecked, dismantled or inopera-
the city, every person who is convicted of
tive vehicles, all of which interfere with the
a misdemeanor violation of any provision
enjoyment of the property, adversely affect
of the uniform traffic code shall be
property values, create fire hazards, cause health
punished by a fine of not more than
problems, extend and aggravate urban blight, or
$500.00 or by imprisonment for not more
encourage unsightly, environmentally, or aestheti-
than 90 days, or both.
cally degrading uses of land in the city.
(Ord. No. 2038, § 12-54, 12-12-2000)
Rule 1000 is added to read as follows:
Sec. 92-53. Definitions.
Rule 1000. Adoption of state snowmobile
statutes. The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
There is hereby adopted by reference the
the context clearly indicates a different meaning:
provisions of Part 821, Public Act No. 451 of
1994 (MCL 324.82101 et seq.), as if fully set out Disposal site means a place for legally storing
herein. junk vehicles, including, without limitation,
impounding lots, junkyards, public storage lots
Rule 1001 is added to read as follows: or garages, or other such premises.
Junk vehicle means any vehicle or motor
Rule 1001. Operation of snowmobile between vehicle, including motorized and nonmotorized,
10:00 p.m. and 7:00 a.m. highway or nonhighway vehicles, trailers or mobile
homes, which are not currently licensed and
A person shall not operate a snowmobile registered, even if operable, or, whether or not
within the city during the hours from 10:00 p.m. licensed and registered, not operable or usable
until 7:00 a.m. for their original purpose, or not operable or
(Ord. No. 2353, 3-22-2016; Ord. No. 2378, § 1, usable for their original purpose without major
1-9-2018) repair, or partially/fully dismantled. The term
Editor’s note—Ord. No. 2353, adopted Mar. 22, 2016, "junk vehicle" includes wrecked, damaged, junked,
repealed the former section and enacted a new section as set
dismantled, partially dismantled, inoperable,
out herein. The former section pertained to similar subject
matter and derived from Code 1975, § 20-3; Code 2002, abandoned, unlicensed, registered or discarded
§ 92-33; Ord. No. 2151, 5-24-2005. vehicles.
Motor vehicle means any vehicle which is
self-propelled and designed to travel along the
Secs. 92-34—92-50. Reserved. ground and shall include, but not be limited to,
Supp. No. 10 CD92:11
§ 92-53 MUSKEGON CITY CODE
automobiles, buses, motorbikes, motorcycles, motor for the purpose of repairing the vehicle;
scooters, trucks, tractors, go-carts, golf carts, and provided that the location of the vehicle
race cars. does not violate the zoning ordinance.
Private property means any real property within (4)
One seasonal vehicle; provided that it
the city that is privately owned and which is not must be currently licensed, and, if it is
public property as defined in this section. not currently licensed, it must be stored
Public property means any street, easement, in a legally erected building as described
alley or highway for its entire dedicated or in subsection (b)(1) of this section.
publicly owned width, or any property owned or (Ord. No. 2038, § 12-58, 12-12-2000)
controlled or capable of control by a government
entity, school district or public educational institu- Sec. 92-56. Notice of violation; removal;
tion, including institutions of higher learning, impounding; penalty.
vocational training, or an intermediate school
district. (a) Whenever any junk vehicle is found, a
Seasonal vehicle means any operative vehicle written notice shall be delivered in person or by
normally licensed for only part of the year. first class mail to the owner of the junk vehicle
(Ord. No. 2038, § 12-55, 12-12-2000) and the owner or occupant of the private property
on which the vehicle is located. An additional
notice shall be affixed to a conspicuous part of
Sec. 92-54. General prohibition.
the vehicle. The notice shall describe the viola-
No person shall store any junk vehicle, except tion of this article and shall require the removal
as where permitted and in accordance with this of the violation within seven days. If the viola-
Code. The storage of such vehicles in violation of tion is observed to exist after seven days, a
this article shall be declared a nuisance. All junk municipal civil infraction ticket for such viola-
vehicles shall be removed and disposed of at a tion may be issued. The city may determine,
legally established disposal site. with appropriate authority, such as a court order
(Ord. No. 2038, § 12-56, 12-12-2000) or the property owner or occupant's permission
or failure to respond to the notice, to peaceably
Sec. 92-55. Storage requirements and enter the property to correct the violation, includ-
prohibitions. ing removal or impounding of the vehicle at a
disposal site.
(a) No person shall park, store, leave, or
permit the parking, storing or leaving of any (b) If a vehicle is removed and impounded by
junk vehicle upon any public or private property the city at a location where there will be impound-
within the city. The presence of such vehicle, or ing fees or charges, it shall give appropriate or
parts thereof, on private or public property is required notice to the registered owner of the
hereby declared a public nuisance. vehicle and to the state; provided that the notice
shall not designate the vehicle as abandoned.
(b) This section shall not apply to the follow-
The notice shall indicate that the vehicle will be
ing vehicles, whether or not they are junk vehicles:
disposed of by sale if the owner fails to redeem
(1) Any vehicle enclosed within a legally the vehicle by paying any charges or fees
erected storage building in which they fit occasioned by the removal, impounding or stor-
completely and are fully enclosed on age of the vehicle.
private property.
(c) The direct cost of any enforcement action,
(2) Any operative vehicle on a sales lot of a
including a 15 percent surcharge for overhead
licensed motor vehicle dealer.
and indirect costs, shall be charged to the owner
(3) Any vehicle temporarily kept on the or occupant of the property, as well as any owner
premises of a licensed auto repair shop of the vehicle, and in addition shall be levied
Supp. No. 10 CD92:12
TRAFFIC AND VEHICLES § 92-71
against the property and collected in the manner (i) Within 50 feet of the nearest rail of a
of real property taxes, and shall constitute a railroad crossing;
valid tax lien against the premises if unpaid. (j) Within 20 feet of the driveway entrance
(d) Any person who violates or fails to comply to any fire station and on the side of the
with the provisions of this article shall be street opposite the entrance to any fire
responsible for a municipal civil infraction. Each station within 75 feet of the entrance if
act in violation of any of the provisions thereof properly marked by an official sign;
shall be deemed a separate municipal civil infrac- (k) Alongside or opposite any street excava-
tion. In connection with and in addition to the tion or obstruction, if the stopping, stand-
municipal civil infraction, the city may request ing, or parking would obstruct traffic;
supplemental relief and/or other remedies as
(l) On the roadway side of a vehicle stopped
available to the city. Municipal civil infraction
or parked at the edge or curb of a street;
penalties shall be as set forth in the schedule of
municipal civil infraction fines in section 46-204. (m) Upon a bridge or other elevated highway
(Ord. No. 2038, § 12-59, 12-12-2000) structure or within a highway tunnel;
(n) At a place where an official sign prohibits
Secs. 92-57—92-70. Reserved. stopping or parking;
(o) Within 500 feet of an accident at which a
ARTICLE V. LOCAL PARKING police officer is in attendance, if the
RESTRICTIONS scene of the accident is outside of a city
or village;
Sec. 92-71. Parking restrictions. (p) In front of a theater;
(1) A vehicle shall not be parked, except if (q) In a place or in a manner that blocks
necessary to avoid conflict with other traffic or in immediate egress from an emergency
compliance with the law or the directions of a exit conspicuously marked as an
police officer or traffic-control device, excluding emergency exit of a building;
parking in a marina, see section 92-74, in any of (r) In a place or in a manner that blocks or
the following places: hampers the immediate use of an immedi-
ate egress from a fire escape conspicu-
(a) On a sidewalk;
ously marked as a fire escape providing
(b) In front of a public or private driveway; an emergency means of egress from a
(c) Within an intersection; building;
(s) In a parking space clearly identified by
(d) Within 15 feet of a fire hydrant;
an official sign as being reserved for use
(e) On a crosswalk; by disabled persons that is on public
(f) Within 20 feet of a crosswalk, or if there property or private property available for
is not a crosswalk then, within 15 feet of public use, unless the individual is a
the intersection of property lines at an disabled person as described in section
intersection of highways; 19a of the Michigan Vehicle Code or
unless the individual is parking the vehicle
(g) Within 30 feet of the approach to a for the benefit of a disabled person. In
flashing beacon, stop sign, or traffic control order for the vehicle to be parked in the
signal located at the side of a highway; parking space the vehicle shall display
(h) Between a safety zone and the adjacent one of the following:
curb or within 30 feet of a point on the (i) A certificate of identification or
curb immediately opposite the end of a windshield placard issued under sec-
safety zone, unless a different length is tion 675 of the Michigan Vehicle
indicated by an official sign or marking; Code to a disabled person.
Supp. No. 10 CD92:13
§ 92-71 MUSKEGON CITY CODE
(ii) A special registration plate issued mailbox obstruct the delivery of mail to a
under section 803d of the Michigan rural mailbox by a carrier of the United
Vehicle Code to a disabled person. States postal service;
(iii) A similar certificate of identifica- (z) In a place or in a manner that blocks the
tion or windshield placard issued by use of an alley;
another state to a disabled person.
(aa) In a place or in a manner that blocks
(iv) A similar special registration plate access to a space clearly designated as a
issued by another state to a disabled fire lane;
person.
(LO1) On those streets that have been signed
(v) A special registration plate to which
or marked for angle parking, a person
a tab for persons with disabilities is
shall not stop, stand, or park a vehicle
attached issued under this act.
other than at the angle to the curb or
(t) In a clearly identified access aisle or edge of the roadway indicated by the
access lane immediately adjacent to a signs or markings. The front of the vehicle
space designated for parking by persons must be nearest the curb or edge of
with disabilities; roadway and the rear of the vehicle
nearest the travel portion of the roadway
(u) On a street or other area open to the or parking area (no backing in);
parking of vehicles that results in the
vehicle interfering with the use of a (LO2) A person shall not stand or park a
curb-cut or ramp by persons with dis- vehicle in a roadway other than parallel
abilities; with the edge of the roadway, headed in
the direction of lawful traffic movement,
(v) Within 500 feet of a fire at which fire and with the right hand wheels of the
apparatus is in attendance, if the scene vehicle within 12 inches of the curb or
of the fire is outside a city or village. edge of the roadway, except otherwise
However, volunteer fire fighters respond- provided in this part;
ing to the fire may park within 500 feet
of the fire in a manner not to interfere (LO3) A person shall not stop, stand, or park
with fire apparatus at the scene. A vehicle a vehicle other than a bus in a bus stop or
parked legally previous to the fire is other than a taxi cab in a taxi cab stand
exempt from this subdivision; when the stop or stand has been officially
designated and appropriately signed,
(w) In violation of an official sign restricting except that the driver of a passenger
the period of time for a manner of park- vehicle may temporarily stop therein for
ing; the purpose of, and while actually engaged
in, the expeditious loading or unloading
(x) In a space controlled or regulated by a of passengers, if the stopping does not
meter on a public highway or in a publicly interfere with any bus or taxi cab waiting
owned parking area or structure, or where to enter or about to enter the zone;
controlled by another type of meter, if the
allowable time for parking indicated on (LO4) On unimproved side or front yards of
the meter or other device has expired, residential lots;
unless the vehicle properly displays one
or more of the items listed in section (LO5) Where a vehicle is abandoned as defined
675(8) of the Michigan Vehicle Code; in MCL 257.252a or MCL 257.252b;
(y) On a street or highway in such a way as (LO6) Other than between painted lines in
to obstruct the delivery of mail to a rural designated parking areas;
Supp. No. 10 CD92:14
TRAFFIC AND VEHICLES § 92-71
(LO7) Along or on any unpaved parkway, to Seventh Street, heading northerly
except where the same is used for a on Seventh Street from Western
driveway to enter private or public Avenue to Shoreline Drive; and
property. Parking on the terrace (i.e., the
area between the property line and the (b) On Third Street from Merrill Avenue
street) is permitted from December 1 to Muskegon Avenue:
through March 1 on those streets having
Parking is allowed except between the
allowed parking on only one side of the
hours of 12:00 a.m. and 7:00 a.m. except
street, but not on the paved portion of the
as permitted as follows. On the side of
terrace;
the street with even numbered addresses
(LO8) In any public park, beach or other on even numbered calendar days, park-
public area between the hours of 11:00 ing is allowed at all times. On the side of
p.m. and 5:00 a.m.; the street with odd numbered addresses
on odd numbered calendar days, parking
(LO9) From December 1 through March 1 of is allowed at all times.
each year where parking is currently
allowed on both sides of the street, on All signed parking restrictions apply all
street parking is modified as follows: days of the week.
(a) Parking is allowed on the side of the This section applies to every portion of
street with even numbered addresses every block of every city street.
on even numbered calendar days
between the hours of 7:00 a.m. and (LO10) Commercial vehicle defined: "Com-
5:00 p.m. mercial vehicle" includes all motor vehicles
used for the transportation of passengers
(b) Parking is allowed on the side of the
for hire, or constructed or used for
street with odd numbered addresses
transportation of goods, wares or
on odd numbered calendar days
merchandise, and/or all motor vehicles
between the hours of 7:00 a.m. and
designed and used for drawing other
5:00 p.m.
vehicles and not so constructed as to
(c) Parking is allowed on both side of carry any load thereon either
the street all days between the hours independently or any part of the weight
of 5:00 p.m. and 7:00 a.m. of a vehicle or load so drawn:
Excluding the downtown designated areas, 1. No commercial vehicle shall be
where parking is currently allowed on one parked upon any street or alley for
side of the street only, parking is allowed a period longer than two hours.
except between the hours of 2:00 a.m. and
6:00 a.m. 2. No commercial vehicle shall be
parked at any angle to the line of
In the downtown designated areas: the street or alley while loading or
(a) Bounded by Shoreline Drive head- unloading for a period longer than
ing easterly from Seventh Street to one hour.
Spring Street, heading southerly on 3. No commercial vehicle shall be
Spring Street from Shoreline Drive parked at any angle to the line of
to Apple Avenue, heading westerly the street or alley where such vehicle
on Apple Avenue from Spring Street would prohibit the free flow of traf-
to Muskegon Avenue, heading fic.
westerly on Muskegon Avenue from
Apple Avenue to Ninth Street, and 4. No commercial vehicle shall be
heading northerly on Ninth Street parked in residential areas.
Supp. No. 10 CD92:15
§ 92-71 MUSKEGON CITY CODE
(LO11) Special provisions relating to trailers (LO15) Where a daily or a seasonal pass is
and semitrailers: required, as indicated in posted signs or
notices, for a motor vehicle to park, no
1. No unattached trailer or semitrailer
motor vehicle shall park in such a loca-
shall be parked on any street or
tion without the daily pass belonging to
alley at any time except when it is
that vehicle being prominently displayed
necessary to temporarily disconnect
on the motor vehicle's front dashboard,
such trailer or semitrailer for
the seasonal pass belonging to that vehicle
convenience in loading or unload-
being prominently affixed to the front
ing.
windshield on the driver's side, or a
2. Streets in a business district may resident's beach seasonal pass being
be designated on which no trailer prominently placed on the dashboard on
shall be stopped, parked or allowed the driver's side.
to stand between the hours of 10:00
a.m. and 6:00 p.m. (2) A person shall not move a vehicle not
owned by the person into a prohibited area or
3. A person who violates this section is away from a curb a distance that makes the
responsible for a civil infraction. parking unlawful.
(LO12) No vehicle shall display a "for sale"
(3) A bus, for the purpose of taking on or
sign while parked on any public street or
discharging passengers, may be stopped at a
property;
place described in subsection (l)(b), (d), or (f) or
(LO13) No person shall drive or operate a on the roadway side of a vehicle illegally parked
motor vehicle in any area or place other in a legally designated bus loading zone. A bus,
than the public streets and roadways or for the purpose of taking on or discharging a
other such areas so designated for the passenger, may be stopped at a place described
vehicular travel, and no person shall in subsection (l)(n) if the place is posted by and
drive or operate a motor vehicle along or appropriate bus stop sign, except that a bus shall
upon any unpaved parkway except where not stop at such a place if the stopping is
the same is used for a driveway to enter specifically prohibited by the responsible local
private or public property, nor shall any authority, the state transportation department,
person drive or operate a motor vehicle or the director of the department of state police.
in any public park beach or other public
area, except in those areas designated (4) A person who violated this section is
for vehicular travel therein. responsible for a civil infraction.
(Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22-
(LO14) A person shall not allow a motor 2016; Ord. No. 2376, 9-26-2017; Ord. No. 2394,
vehicle to stand on a highway or places §§ 1, 2, 12-11-2018; Ord. No. 2396, § 1, 12-18-
open to the public unattended without 2018; Ord. No. 2397, § 1, 12-18-2018; Ord. No.
engaging the parking brake or placing 2429, § 1, 5-26-2020; Ord. No. 2443, § 1, 11-24-
the vehicle in park, stopping the motor of 2020)
the vehicle, and removing and taking State law references—Uniform Traffic Code, MCL
257.951 et seq.; Michigan Vehicle Code, MCL 257.1 et seq.
possession of the ignition key. If the
vehicle is standing upon a grade, the
front wheels of the vehicle shall be turned Sec. 92-72. Snow emergency.
to the curb or side of the highway. This
section does not apply to a vehicle that is (1) No parking during snow emergency. Except
standing in a place and is equipped with as otherwise provided in this article, no person
a remote start feature, if the remote start shall park any vehicle and/or trailer on any
feature is engaged. street during a declared snow emergency. Permits
Supp. No. 10 CD92:16
TRAFFIC AND VEHICLES § 92-72
for on-street parking issued under any ordinance driver of such vehicle may be ticketed for
or authority of the city shall not be valid during violation of this article. Such a violation
a declared snow emergency. shall constitute a civil infraction.
(2) Declaration of emergency. (4) Termination.
(a) In the interest of the public health, safety (a) Whenever the mayor, or in the absence of
and welfare and at the request of appropri- the mayor the vice mayor, or in the
ate municipal staff, the mayor or, in absence of both then the city manager,
his/her absence, the vice mayor or, if finds the conditions which gave rise to a
neither are available, the city manager snow emergency no longer exist, it shall
may declare a snow emergency whenever be terminated by notice given
ice or snow has accumulated or is substantially in the same manner it was
significantly likely to accumulate to such declared.
an extent as to impede safe travel upon
(b) In the absence of an official termination
the city streets.
of the snow emergency, the parking
(b) Upon declaration of a snow emergency, prohibition shall be lifted on those streets
the city's designated representative shall where the city has completed snow plow-
immediately publicize the snow emergency ing from curb to curb for the length
and parking prohibition in a manner thereof lying between two successive street
reasonably calculated to inform the public intersections and the snow or sleet has
of the requirements of this article. The stopped.
snow emergency shall be effective six
hours after its initial declaration and (c) In the absence of (a) or (b) above, the
publication. snow emergency shall terminate automati-
cally 48 hours after the effective time of
(3) Time limit for removal of parked vehicle— the declaration unless the emergency
Impoundment conditions and penalties. has been extended and notice of said
(a) Within six hours of the declaration of the extension has been given in substantially
snow emergency, any motor vehicle or the same manner the emergency was
trailer on any street, road or avenue first declared.
within the city shall be removed. (5) Presumption that owner parked vehicle or
(b) The city is hereby authorized to remove trailer. In any proceeding for a violation of this
any vehicle and/or trailer which is parked chapter, proof that the motor vehicle or trailer
on any street during a declared snow described in the complaint was parked in viola-
emergency and to transport the same to tion of such chapter, together with proof that the
an impound facility designated by the defendant named in the complaint was at the
city. Towing, storage and impound fees time of such violation the registered owner of
shall be charged to the owner of the such vehicle or trailer, shall constitute a presump-
vehicle and/or trailer impounded. All tion that the registered owner of such vehicle or
impounding fees shall be paid prior to trailer was the person who parked such vehicle
the return of the vehicle or trailer to the or trailer at the point where and for the time
owner. during which such violation occurred.
(c) In addition to liability for towing, storage (6) Other parking restrictions remain in force.
and any other impound fees related to Nothing contained in this article shall be construed
removal of a vehicle and/or trailer from to permit parking at any time or place where it is
the street during a declared snow prohibited by any other provision of law.
emergency, the registered owner and/or (Ord. No. 2331, 12-9-2014)
Supp. No. 10 CD92:17
§ 92-73 MUSKEGON CITY CODE
Sec. 92-73. Parking violations bureau; minimum parking fines.
(1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established within the
city a parking violations bureau to accept pleas of responsible in motor vehicle parking violation cases
and to collect and retain fines and costs as prescribed by ordinance.
(2) Upon pleading responsible or being found responsible by a court, the fines for parking violations
shall be as follows:
(2.1) Level 1 parking violations.
Code 92-71(1) Offense
LO1 Violation of angle parking/backed into space signs
LO2 Too far from curb
LO2 Parking facing traffic
LO3 Loading zone, passenger zone (bus/taxi cab zone)
w Parking overtime excluding at Pere Marquette Beach
x Meter parking
The penalties for level 1 parking violations are as follows:
If paid within 14 days If paid after 14 days but If paid after 21 days but After 30 days
before 21 days before 30 days
$10.00 $20.00 $30.00 $60.00
(2.2) Level 2 parking violations.
Code § 92-71(1) Offense
a Parking on sidewalk
b Blocking driveways
c Within an intersection
e In a crosswalk
f Within 20 feet of a crosswalk or within 15 feet of property lines at
intersection
g Too close to a flashing beacon, stop sign, yield sign, traffic control
signal, or other traffic sign
h In a safety zone
i Too close to railroad
j Too close to fire station entrance
k Parking: obstruct traffic
m Parking on a bridge or in a tunnel
n Posted prohibited parking; parking violation of any posted signs
o Parking within 500 feet of an accident
p Parking in front of a theater
q Blocking emergency exits
r Blocking fire escape
v Within 500 feet of a fire or fire apparatus (except volunteers and
vehicles legally parked before the fire)
y Obstruct mail delivery
z Alley parking
LO4 Front and side yard parking
LO7 Parking on terrace or parkway
Supp. No. 10 CD92:18
TRAFFIC AND VEHICLES § 92-73
Code § 92-71(1) Offense
LO9 2a-6a parking prohibited
LO10 Commercial vehicles
LO11 Unattached trailers and semitrailers
LO12 Display of "for sale" sign while parked on city street or terrace
Other violations
LO14 Unattended vehicles (running)
The penalties for level 2 parking violations are as follows:
If paid within 14 days If paid after 14 days but If paid after 21 days but If paid after 30 days
before 21 days before 30 days
$15.00 $30.00 $45.00 $70.00
(2.3) Level 3 parking violations.
Code § 92-71(1) Offense
d Too close to a fire hydrant
l Double parking
LO6 Parking outside the lines
LO8 Parking in a public park after 11:00 p.m. and before 5:00 a.m.
LO13 Prohibited off-road vehicular traffic
Other violations in any city parks
The penalties for level 3 parking violations are as follows:
If paid within 14 days If paid after 14 days but If paid after 21 days but After 30 days
before 21 days before 30 days
$20.00 $40.00 $60.00 $80.00
(2.4) Level 4 parking violations.
Code § 92-71(1) Offense
LO5 Abandoned vehicle
The penalties for level 4 parking violations are as follows:
If paid within 14 days If paid after 14 days but If paid after 21 days but If paid after 30 days
before 21 days before 30 days
$20.00 $40.00 $60.00 $80.00
(2.5) Any other violation of the parking provisions which are not listed in the above schedules shall
be considered level 2 parking violations and shall carry the penalties set forth above for level
2 violations, except that:
a) Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking in a space
reserved for persons with disabilities as defined in applicable state law shall carry a
minimum of $105.00, which shall increase to $210.00 after the first 14 days after the
violation, and $315.00 after 30 days;
b) Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall carry a minimum of
$30.00, which shall increase to $60.00 after the first 14 days, after 21-30 days the violation
will be $90.00 and $120.00 after 30 days;
Supp. No. 11 CD92:19
§ 92-73 MUSKEGON CITY CODE
c) Code 92-71(1)(LO15) shall carry a fine of $30.00 per calendar day; and
d)Code 92-71(1)(w), limited to parking overtime at Pere Marquette Beach shall carry a fine
of $20.00 per violation.
(Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22-2016; Ord. No. 2377, 9-26-2017; Ord. No. 2430, § 1,
5-26-2020; Ord. No. 2432, § 1, 7-14-2020)
Sec. 92-74. Marina parking restrictions; after the date of the violation, to $105.00
violation as a municipal civil after 21 days after the date of the viola-
infraction; public boat launch tion, and to $130.00 after 30 days after
permit. the date of the violation.
1. A vehicle shall not be parked, except if c.Offense (1)(c) "Parking within an area
necessary to avoid conflict with other traffic or in marked for vehicle/trailer parking only,"
compliance with the law or the direction of a shall be equal to a level 4 parking viola-
police officer or traffic-control device, in any of tion and shall carry a minimum fine of
the following places: $35.00, which shall increase to $70.00
after the first 14 days after the date of
a. No parking on the grass/unimproved area the violation, to $105.00 after 21 days
in city parking launch ramp area after the date of the violation, and to
b. Within 50 feet of a public boat launch, $130.00 after 30 days after the date of
with or without a permit; and the violation.
(Ord. No. 2433, 7-14-2020; Ord. No. 2449, § 1,
c. Within an area marked for vehicle/
3-23-2021)
trailer parking, with or without a permit. Editor’s note—Ord. No. 2449, § 1, adopted March 23,
2021, amended § 92-74, and in so doing changed the title of
A person who violates this section is responsible said section from marina parking restrictions; violation as a
for a civil infraction. municipal civil infraction; public boat launch permit viola-
tion fines to read as set out herein.
2. Pursuant to the provisions of state law
MCL 600.8395, it is hereby established within Secs. 92-75—92-99. Reserved.
the city a parking violations bureau to accept
pleas of responsible in motor vehicle parking
violation cases and to collect and retain fines and ARTICLE VI. ELECTRIC SCOOTERS AND
costs as prescribed by ordinance. Upon pleading BIKES
responsible or being found responsible by a
court, the fines for parking violations in a marina Sec. 92-100. Purpose.
shall be as follows: The purpose of this article is to promote the
a. Offense (1)(a) "No parking on the grass/ health, safety and welfare of persons operating
unimproved are in city parking launch electric scooters and electric bikes within the
ramp area and shall carry a minimum city, and to protect the safety of other users of
fine of $15.00, which shall increase to roads and bike trials.
$30.00 after the first 14 days after the (Ord. No. 2415, § 1, 6-25-2019)
date of the violation, to $45.00 after 21
days after the date of the violation, and Sec. 92-101. Definitions.
to $70.00 after 30 days after the date of For the purposes of this article, the following
the violation. words and phrases shall have the following
b. Offense (1)(b) "Parking within 50 feet of meanings:
a public boat launch," shall be equal to a Bike path means the sections of the Muskegon
parking violation and shall carry a Lakeshore Trial, which follows the shore of
minimum fine of $35.00, which shall Muskegon Lake and parallels Lakeshore Drive
increase to $70.00 after the first 14 days and Shoreline Drive, that lie within the city.
Supp. No. 11 CD92:20
TRAFFIC AND VEHICLES § 92-104
Direct visual supervision means direct visual bike containing any open container of
observation, by an adult who is in control of the alcohol shall be operated on public roads.
operator, with the unaided or normally corrected
(5) The operator of an electric scooter or
eye, where the observer is able to come to the
electric bike shall comply with all traffic
immediate aid of the operator.
rules and regulations adopted by the
Electric bike means a bicycle with an integrated State of Michigan and the city which
electric motor which can be used for propulsion. governs the operation of motor vehicles.
Electric bike does not include a vespa or moped- (6) An operator may not allow the number of
like vehicles, motorcycles, dirt bikes, ORVs, gas people in or on an electric scooter or
scooters, or any similar vehicle. electric bike at any one time to exceed
the maximum capacity specified by the
Electric scooter means a light two-wheeled
manufacturer. The operator shall not
electric vehicle on which the driver stands on the
allow passengers to ride on any part of
floorboard or deck. Electric scooter does not
an electric scooter or electric bike not
include a vespa or moped-like vehicles,
designed to carry passengers.
motorcycles, dirt bikes, ORVs, gas scooters, or
any similar vehicle. (7) In no instances shall an electric scooter
be operated at a speed greater than ten
Operator means only persons over 14 years of miles per hour on the bike path.
age or those under 14 years of age but over 12
years of age and under direct visual supervision (8) No electric scooter or electric bike may be
of an adult who is in control of the operator. operated at a speed greater than reason-
(Ord. No. 2415, § 2, 6-25-2019) able and prudent for the existing condi-
tions.
Sec. 92-102. Rules and regulations. (9) Electric scooters and electric bikes must
be operated at the right edge of the
This article is to establish guidance in the roadway and must yield to all vehicular
interest of public safety. and pedestrian traffic.
(1) Electric scooters and electric bikes may (10) Electric scooters and electric bikes are
be operated on local roads, public parks, prohibited from parking on any sidewalk
and the bike path. or any other location that impedes
vehicular or foot traffic. All other park-
(2) Electric shooters and electric bikes shall
ing rules and limits apply.
not be operated on or alongside any
sidewalk. Electric scooters are prohibited (11) Electric scooters and electric bikes must
on all state trunk roads. have basic equipment supplied by the
manufacturer.
(3) Only persons over 14 years of age or (Ord. No. 2415, § 3, 6-25-2019)
those under 14 years of age but over 12
years of age and under direct visual Sec. 92-103. Registration.
supervision may operate an electric scooter
or electric bike. All electric scooters and electric bikes are
subject to city registration requirements imposed
(4) Any person who operates an electric upon bicycles.
scooter or electric bike on a public road (Ord. No. 2415, § 4, 6-25-2019)
must adhere to all applicable state and
local laws, regulations and ordinances,
Sec. 92-104. Enforcement.
including, but not limited to, those ban-
ning the possession and use of alcoholic Violation of the provisions of this article shall
beverages, and all other illegal drugs. In constitute a civil infraction and carry a penalty
addition, no electric scooter or electric of not less than a $100.00 fine for a first viola-
Supp. No. 16 CD92:21
§ 92-104 MUSKEGON CITY CODE
tion, not less than a $250.00 fine for a first or controls a pedicab shall permit it to be so
repeated violation, and not less than a $500.00 driven or operated unless the pedicab company
fine for a second repeated offense or any holds a valid and unrevoked pedicab company
subsequent repeat offense. license issued under authority of this chapter
(Ord. No. 2415, § 5, 6-25-2019) and operates in compliance with all of the require-
ments of this section.
Secs. 92-105—92-199. Reserved.
(1) No person under the age of 18 shall
operate a pedicab.
ARTICLE VII. PEDICABS
(2) No person shall drive or operate a pedicab
Sec. 92-200. Purpose. unless that person has a current valid
Michigan driver's license.
The transportation of persons by means of
pedicabs is a matter closely affecting the public (a) It shall be unlawful for any pedicab
interest. The public interest requires that pedicabs operator whose driver's license is
be fit for their intended purpose and that safety currently suspended, revoked or
and welfare of passengers be protected in the denied or who has not been issued a
operation of pedicabs and pedicab companies. valid, current Michigan driver's
(Ord. No. 2456, § 1, 8-24-2021) license to operate a pedicab. Each
pedicab owner shall obtain a
Sec. 92-201. Definitions. photocopy of each pedicab operator's
driver's license prior to allowing the
The following words, terms and phrases, when pedicab operator to operate the
used in this chapter, shall have the meanings pedicab.
ascribed to them in this section, except where
the context clearly indicates a different meaning: (b) Each pedicab owner shall maintain
a continuously updated list of the
(1) Pedicab means a multi-wheeled pas-
names and residence addresses,
senger vehicle that is moved by human
dates of birth and current driver's
power that is pulled, pushed or otherwise
license numbers of all its pedicab
propelled by a person, which is used in
operators and shall be exhibited on
the movement of passenger(s) on public
demand of any police officer or other
right-of-way and shall include, but not be
properly identified city employee who
limited to, cycle-rickshaws, cyclos, velo-
requests it.
taxis, trishaws, pedal pubs, biketaxis and
any other pushcart or rickshaw-type (3) No person shall operate, or cause to be
vehicle or non-motorized passenger operated, a pedicab in an unsafe condi-
vehicle, but which can have electrically tion.
assisted device(s).
(2) Pedicab owner means any person who (4) All pedicab operators are subject to all
owns a pedicab. applicable traffic safety laws, rules, and
regulations.
(3) Pedicab operator means any person who
operates a pedicab. (5) Pedicabs are not permitted to park on
(Ord. No. 2456, § 1, 8-24-2021) public property except as follows:
Sec. 92-202. Operating regulations. (a) The city manager may designate a
portion of a public street, alley, plaza,
No person shall drive or operate a pedicab for park or similar public place as
hire upon the streets, highways or thoroughfares "pedicab stand" for the parking of
of the City of Muskegon, and no person who owns pedicabs.
Supp. No. 16 CD92:22
TRAFFIC AND VEHICLES § 92-203
(b) A single pedicab may park temporar- driven or operated unless the pedicab vehicle is
ily at the curb only as long as in compliance with all of the requirements of this
necessary for passengers to board section.
and exit the vehicle.
(1) All pedicab owners must have each
(c) In all cases, pedicabs shall be parked pedicab vehicle inspected by a bike
in a location that does not impede mechanic prior to operation. All pedicab
pedestrian or vehicular traffic. vehicles must be constructed for and
(d) Pedicab operators shall not stop to have the structural integrity to support
load or unload passengers or their pedicab operations. Each pedicab vehicle
belongings in the intersection of must be equipped with the following:
any street, crosswalks or in any (a) Tires. Tires shall be of a size
manner or other location that would appropriate for the pedicab with no
be considered unsafe. No pedicab mismatched tires. There shall be no
shall load or unload in any such cuts to the tire, localized worn spots
manner that will in any way impede that expose the ply, or visible tread
or interfere with the orderly flow of wear indicators.
traffic on the streets.
(b) Operation bell or horn. The pedicab
(6) Fares must be agreed upon at the begin- shall be equipped with a fully
ning of each trip. operational bell or horn
(7) No person shall use or permit or allow (c) Brakes. It shall be unlawful for a
any pedicab to be used in, or to aid or licensee to operate, or cause to be
abet, any illegal act. operated, a pedicab that is not
equipped with front and rear brak-
(8) No person shall operate or knowingly ing system capable of being
permit any other person to operate any manipulated by the licensee or
pedicab under the influence of intoxicat- pedicab operator from his normal
ing liquor, any controlled, exhilarating or position of operation and is capable
stupefying substance or of any combina- of causing a pedicab with full comple-
tion of substances mentioned herein. tement of permitted passengers to
(9) No person shall operate a pedicab when come to a complete stop within a
the number of passengers exceeds the distance of 15 feet from a speed of
number of available seats. No person ten miles pers hour in a linear path
shall operate a pedicab unless all pas- of motion when each wheel of the
sengers are seated in a seat designed for pedicab is in contact with the ground
that purpose and using the seatbelt on dry, level, clean pavement. The
provided for in the seat. braking system controlling the rear
wheels shall be hydraulic or
(10) Each pedicab owner shall adopt and oper- mechanical disc or drum brakes
ate a system for the collection, storage which are unaffected by rain or wet
and return of personal property left in a conditions.
pedicab.
(d) Headlights, tail lights, mirrors, turn
(Ord. No. 2456, § 1, 8-24-2021)
signals and other requirements.
Every pedicab shall be equipped
Sec. 92-203. Vehicle regulations. with the operational equipment set
No person shall drive or operate a pedicab for forth in the subsections below:
hire upon the streets, highways or thoroughfares i. A headlight capable of project-
of the City of Muskegon, and no person who owns ing a beam of white light for a
or controls a pedicab shall permit it to be so distance at a minimum of 300
Supp. No. 16 CD92:23
§ 92-203 MUSKEGON CITY CODE
feet which shall be clearly vis- (3) Each pedicab owner shall at all times
ible during darkness and must maintain a policy of liability insurance in
be illuminated at all times the minimum amount of $2,000,000.00
during darkness. for personal injuries, and property damage
arising out of permitted operations. The
ii. A side mounted mirror affixed policy shall directly protect the City of
to the pedicab to reflect to the Muskegon, its officers and employees
pedicab operator a view of the and agents as additional named insureds,
street for a distance of at least and shall provide that the insurance be
200 feet from the rear of the primary insurance and that no other
pedicab. insurance purchased by the city will be
iii. A red tail light and brake light called on to contribute to a loss covered
affixed to the rear of the pedicab by said policy. The policy shall further
which must be visible for a provide ten days' notice of cancellation or
distance of at least 500 feet material change to the city's designated
from the rear of the pedicab agent. Each owner and operator shall
and must be illuminated at all further agree to hold the city harmless
times during darkness. Turn for any liability or claim arising out of
signals must be affixed to the his or her operation that is not covered
front and rear of the vehicle. by the required insurance. Any deviation
from the listed insurance coverage is
iv. Reflectors placed on each wheel subject to the approval of the City of
and at each corner of the body Muskegon.
of the pedicab.
(4)
If a pedicab is involved in a crash, the
v. Any other equipment required pedicab operator shall immediately notify
to comply with all applicable the pedicab owner and the police depart-
federal and state laws. ment and remain at the scene until the
vi. A pedicab must not have any crash is investigated by the police. The
crack, broken or missing parts, pedicab owner shall submit a full written
or other visible damage. All report on the condition of the pedicab
wheels must be firmly attached vehicle to the city clerk's office within 72
to the hub of the vehicle and hours after the occurrence. Before operat-
all springs, axels, and support- ing the pedicab vehicle again, the pedicab
ing structures of each pedicab owner shall have the vehicle re-inspected
vehicle must be intact. by a bike mechanic.
(Ord. No. 2456, § 1, 8-24-2021)
(2) Each pedicab owner shall, at all times,
keep each pedicab vehicle clean and free Sec. 92-204. Application for operating
of refuse and in safe operating condition. permit.
Prior to the operation of any pedicab and (1) The operating permit application form
at the beginning of each shift or each day shall be prescribed by the city.
of operation, the pedicab owner shall (2) Any application that does not include all
thoroughly inspect the pedicab for safe information requested by the application form or
operating conditions. For any condition is not supported by the materials required by
found then or at any other time that will this chapter shall be denied.
prevent the safe operation of the pedicab,
the owner shall immediately remove the (3) The application form shall require the
pedicab from service and correct the condi- following information:
tion before the pedicab is returned to (a) The applicant's full name and residence
service. address;
Supp. No. 16 CD92:24
TRAFFIC AND VEHICLES § 92-300
(b) The applicant's date of birth; Prior to revocation of any license issued under
this chapter, the licensee shall be entitled to a
(c) The applicant's Michigan driver's license hearing as provided for in section 50-43 and
number; 50-44 of this Code.
(d) the routes of all pedicabs, which may be (Ord. No. 2456, § 1, 8-24-2021)
approved or rejected, in whole or in part,
Sec. 92-208. Preliminary breath test.
by the city manager; and
A police officer who has reasonable cause to
(e) Such other information as the city may believe that a person is or was operating a
require. pedicab upon a public highway or other place
open to the public or generally accessible to a
(4) The applicant shall provide the following
pedicab, including an area designated for the
material to complete the application;
parking of vehicles, and that the person by the
(a) Valid Michigan driver's license; consumption of alcoholic liquor may have affected
his or her ability to operate a pedicab may
(b) Two recent color passport-sized require the person to submit to a preliminary
photographs; chemical breath analysis. A pedicab operator
(c) Such other material as the city may who refuses to take or fails to properly take a
require. preliminary chemical breath analysis as required
(Ord. No. 2456, § 1, 8-24-2021) by this section is a violation of this Code. In this
instance, the pedicab operator will cease opera-
tions and coordinate with the pedicab company
Sec. 92-205. Pedicab identification owner to retrieve the vehicle or replace the
number and decal. operator.
It is unlawful for any owner to lease, rent or (Ord. No. 2456, § 1, 8-24-2021)
allow a pedicab to be operated for hire without Sec. 92-209. Penalty.
first having obtained a decal issued by the city.
The decal shall be affixed on the lower left rear A violation of any provision of this chapter
side of the pedicab. shall constitute a municipal civil infraction, which
(Ord. No. 2456, § 1, 8-24-2021) upon an admission or finding of responsibility
shall carry a minimum fine of $100.00, which
shall increase to $250.00 after the first 14 days
Sec. 92-206. Fees.
after the date of the violation, and to $500.00
The annual license fee shall be $100.00. after 21 days after the date of the violation.
(Ord. No. 2456, § 1, 8-24-2021) (Ord. No. 2456, § 1, 8-24-2021)
Secs. 92-210—92-299. Reserved.
Sec. 92-207. Grounds for denial, suspen-
sion or revocation of license.
ARTICLE VIII. UNLAWFUL SPEED
Any license issued under this chapter shall be EXHIBITION EVENTS*
subject to suspension or revocation by the city
clerk for violation of, or for committing, causing Sec. 92-300. Purpose.
or permitting another to commit or cause a The City of Muskegon finds that unauthorized
violation of any provision of federal or state law motor vehicle speed exhibition events—com-
or this Code or for any grounds that would
warrant the denial of such licenses in the first *Editor’s note—Ord. No. 2550, § 1, adopted November
instance. Pedicab owners shall be jointly and 10, 2025, set out provisions intended for use as article VIII,
§§ 92-500—92-504. For purposes of classification, to preserve
severally responsible with the pedicab operators the style of this Code, and at the editor's discretion, these
for any violation or any provision of federal or provisions have been included as article VIII, §§ 92-300—92-
state law or this Code. 304.
Supp. No. 16 CD92:25
§ 92-300 MUSKEGON CITY CODE
monly known as "street takeovers," "sideshows," Warning letter means a written notice issued
or "slideshows"—pose a serious threat to public to the registered owner of a vehicle, advising
safety, disrupt neighborhoods, damage that the vehicle was observed to be involved in or
infrastructure, and endanger motorists, aiding in an unlawful speed exhibition event.
pedestrians, and first responders. This article is (Ord. No. 2550, § 1, 11-10-2025)
adopted to deter such behavior, enhance enforce-
ment options, and provide for progressive Sec. 92-302. Prohibited conduct.
administrative response through impoundment
authority and advance notice procedures. No person shall engage in, participate in, aid
(Ord. No. 2550, § 1, 11-10-2025) in, coordinate, or facilitate an unlawful speed
exhibition event as defined in this article.
Sec. 92-301. Definitions. (Ord. No. 2550, § 1, 11-10-2025)
For purposes of this article: Sec. 92-303. Vehicle impoundment and
warning procedure.
Unlawful speed exhibition event means any
unpermitted motor vehicle activity on a public (a) A law enforcement officer who has reason-
roadway, highway, alley, bridge, parking lot, or able suspicion to believe a motor vehicle is
other publicly accessible space that: actively participating in or aiding in an unlawful
speed exhibition event may issue a warning
(1) May be preplanned or contemporane-
letter to the vehicle's registered owner within
ously coordinated by two or more persons;
seven days of the event. The letter shall:
(2) Involves spinning of tires, burnouts,
(1) State that the vehicle was identified in or
"donuts," drifting, or the creation of tire
aiding in an unlawful speed exhibition
smoke;
event. The warning letter shall identify
(3) Involves rapid acceleration or decelera- the location, date and time, of the event.
tion intended to create noise, disruptions The letter shall provide the process to
to traffic operations, nuisance to the appeal the notice to the director of public
public, and/or attention; safety;
(4) Involves excessive speed or street racing; (2) Serve as notice that any future involve-
ment or assistance in an unlawful speed
(5) Involves any other motor vehicle exhibit may result in immediate impound-
maneuvers performed recklessly or for ment of the vehicle; and
the purpose of entertainment, stunt driv-
ing, or show; or (3) Remain valid for a period of one year
from the date of issuance.
(6) Involves a person knowingly using or
aiding a motor vehicle or other obstacle (b) The owner of the vehicle may file a written
to create a physical barrier that impedes appeal to the issuance of the warning letter to
or blocks an intersection, bridge, public the director of public safety. The written appeal
right-of-way, or other public place or must be submitted within ten business days to
highway, thereby creating a location or the director of public safety, along with any
opportunity for a speed exhibition event evidence or written statements that relate to the
to occur. warning letter. The director of public safety's
decision shall be in writing and shall be final.
Unpermitted means without the express writ-
ten permission of the owner of private property (c) If a vehicle is subsequently involved in or
on which the activity occurs or without prior aiding in another unlawful speed exhibition event
authorization from the City of Muskegon for use within one year of a prior warning letter, and a
of public property or right-of-way. law enforcement officer has probable cause to
Supp. No. 16 CD92:26
TRAFFIC AND VEHICLES § 92-304
believe the vehicle was used in or aiding in the
event, the law enforcement officer may cause the
vehicle to be impounded.
(d) If a law enforcement officer is required to
enter private property to search for and impound
a vehicle that is in violation of this section, the
law enforcement officer must submit a request to
the district court for an order authorizing the
law enforcement officer to enter said private
property, unless the law enforcement officer has
other legal justification for entering the property
and impounding the vehicle or obtains consent
from the property owner and vehicle owner.
(e) If an owner's vehicle is impounded, the
owner may take ownership of the vehicle at any
time so long as all towing and storage fees
associated with an impoundment are paid in full.
The owner of the vehicle is fully responsible for
all fees associated with impoundment and stor-
age of the vehicle.
(Ord. No. 2550, § 1, 11-10-2025)
Sec. 92-304. Penalties.
(a) Any person who owns a vehicle used in an
unlawful speed exhibition event in violation of
this article, or any person who knowingly allowed
a vehicle to be used in an unlawful speed exhibi-
tion event in violation of this article, or any
person who failed to exercise reasonable control
over the use of a vehicle involved in an unlawful
speed exhibition shall be guilty of a misdemeanor,
punishable by a term of imprisonment of not
more than 90 days and a fine of not more than
$500.00, or both.
(b) Nothing in this article shall be construed
to impose liability or penalties on individuals
who are solely spectators or bystanders.
(Ord. No. 2550, § 1, 11-10-2025)
Supp. No. 16 CD92:27
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