HOUSE BILL No. 5877

 

 

April 25, 2018, Introduced by Rep. LaFave and referred to the Committee on Health Policy.

 

     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 2006 PA 297.

 

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 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 parking lot, whether

 

or not that 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 in that parking lot. A peace officer may enter upon a

 

private road that is accessible to the general public to enforce

 

provisions of an ordinance adopted under this section if signs

 

meeting the requirements of the Michigan manual of uniform traffic

 

control devices are posted on the private road. The owner or person

 

in charge of the private road is responsible for the posting of

 

signs under this subsection. Nothing in this This subsection shall

 

be considered to does not affect a contract entered into between a

 

city, township, or village and the person in charge of a private

 

road before the effective date of the amendatory act that added

 

this sentence. July 20, 2006. 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, except as otherwise provided in this subsection, 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. A sign designating a parking space for persons with

 

disabilities that is erected or replaced on or after the effective

 

date of the 2018 amendatory act that amended this subsection shall

 

be 12 inches by 18 inches or larger and shall be either blue or

 

white and contain a handicapped symbol depicting a logo with a

 

dynamic character leaning forward with a sense of movement 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 under 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 takes effect 90 days

 

after the date it is enacted into law.