Chapter 02—Traffic Administration and Authority

Effective Date: 2/26/2016

SEC. 2.1 ENFORCEMENT

This ordinance may be enforced by law enforcement officers of the State of Michigan, County of Houghton, and of such township or city wherein the violation of this ordinance occurs, and shall be enforced by any officer of the Department of Public Safety and Police Services of Michigan Technological University. A parking violation notice may also be issued by any Parking Enforcement officer or Parking Enforcement Agent appointed by the Director of Facilities Management and Transportation Services.

SEC. 2.2 PUBLIC SAFETY AND POLICE SERVICES AND FACILITIES MANAGEMENT AND TRANSPORTATION SERVICES - DUTIES

It shall be the duty of the Director and officers of the Department of Public Safety and Police Services/ of Michigan Technological University to enforce all provisions of this ordinance; to make arrests for traffic and other violations of this ordinance which are not civil infractions; to investigate accidents; to cooperate with other law enforcement officers in the enforcement of this ordinance and in developing ways and means to improve traffic conditions. It shall be the duty of the Executive Director of Facilities Management and Transportation Services to assist in the enforcement of Chapter 5 of this Ordinance.

SEC. 2.3 AUTHORITY OF POLICE DIRECTING TRAFFIC

Officers of the Department of Public Safety and Police Services or such officers as are assigned by the Director of the Department of Public Safety and Police Services/ are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Department of Public Safety and Police Services may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

SEC. 2.4 AUTHORITY OF FIREMEN DIRECTING TRAFFIC

Officers of a fire department, when at the scene of a fire, may direct or assist the police officers in directing traffic thereat or in the immediate vicinity.

SEC. 2.5 AUTHORITY OF POLICE OFFICERS TO INSPECT VEHICLES

Any police officer shall be authorized, on reasonable grounds, to stop any motor vehicle and inspect the same, and if any defects in equipment are found, to cite the driver in the manner provided in this ordinance.

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SEC. 2.6 AUTHORITY TO IMPOUND VEHICLES AND BICYCLES

Officers of the Department of Public Safety and Police Services and the parking enforcement officers are hereby authorized to remove or immobilize by boot device, vehicles or bicycles from the Michigan Technological University campus to the nearest garage or other place of safety designated by the Department of Public Safety and Police Services under the circumstances hereinafter enumerated.

  1. When any vehicle or bicycle is left unattended upon any roadway, sidewalk, or other area where such vehicle or bicycle constitutes an obstruction to traffic.
  2. When a vehicle or bicycle upon the campus is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle or bicycle are unable to provide for its prompt custody or removal.
  3. When any vehicle or bicycle is left unattended upon or through campus and is parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic.
  4.  When a vehicle or bicycle is found being driven upon the campus and is not in a condition reasonably safe for such operation.
  5. When a vehicle or bicycle is left unattended upon the campus continuously for more than 48 hours and may be presumed to be abandoned excepting those parking lots or areas specifically designated and assigned for storage parking.
  6. When the driver of such vehicle or bicycle is taken into custody by the Department of Public Safety and Police Services or other law enforcement officer and such vehicle or bicycle would thereby be left unattended upon the campus.
  7. When parked in a posted temporary or permanent no parking zone or in a posted tow-away zone.
  8. When vehicles are parked in areas not designated or posted as vehicle parking areas or in lots or other parking facilities for a period of time that exceeds the permissible time.
  9. When removal is necessary in the interest of public safety because of fire, flood, storm, snow or other emergency reason.
  10. When bicycles are parked in areas not designated or posted as bicycle parking areas.  When any vehicle is parked in a space assigned for individuals with either a disabled person plate or placard without a disabled person plate or placard.
  11. When any unauthorized vehicle is parked in a space specifically assigned for University vehicles or service vehicles only.
  12. When any unauthorized vehicle is parked in an area specifically designated as a loading zone.
  13. When any vehicle is parked on campus that has four (4) or more unpaid parking citations.

The reasonable cost of removal and storage shall be borne by the owner.

SEC. 2.7 NOTIFYING OWNER OF IMPOUNDED VEHICLE OR BICYCLE

Whenever an officer removes a vehicle or bicycle as authorized in this ordinance, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing or by telephone or e-mail to such owner of the fact of such removal, and the reasons therefore, and of the place to which such vehicle or bicycle has been removed. In the event any such vehicle or bicycle is stored in a facility or lot not owned or operated by the University, a copy of such notice shall be given to the proprietor of such facility or lot.

SEC. 2.8 NOTIFYING COMMISSIONER OF STATE POLICE OF IMPOUNDED VEHICLE

Whenever an officer removes a vehicle from campus as authorized in this ordinance, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of 3 working days, then and in that event the officer shall, within a reasonable period of time, send or cause to be sent a written report of such removal by mail to the commissioner of state police, and shall file a copy of such notice with the proprietor of any garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.

SEC. 2.9 DISTRIBUTION OF CITATIONS

The Director of the Department of Public Safety and Police Services/ shall be responsible for the distribution of books of citations and shall maintain or cause to be maintained a record of every such book and each set of citations contained therein issued to the individual officers of the Department of Public Safety and Police Services and shall require and retain a receipt for every book so issued.

SEC. 2.10 ISSUANCE OF TRAFFIC CITATIONS

Except when officially authorized or directed under state law to the contrary, a police officer who halts a person for any violation other than for the purpose of giving him a warning or warning notice and does not take such person into custody under arrest, shall take the name, address, and operator's license number of said person, the registered number of the motor vehicle involved, and such other pertinent information as may be necessary, and shall issue to him in writing a citation.

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SEC. 2.11 VIOLATION NOTICE ON ILLEGALLY PARKED VEHICLE OR BICYCLE

Whenever any motor vehicle or bicycle without driver is found parked or stopped in violation of any of the restrictions imposed by this ordinance, the officer or parking enforcement agent finding such vehicle or bicycle shall take its registration number and may take any other information displayed on the vehicle or bicycle which may identify its user, and shall conspicuously affix to such vehicle or bicycle a parking violation notice.

SEC. 2.12 RESTRICTION UPON ACCESS OR USE

It shall be the duty of the Director of the Department of Public Safety and Police Services/ and/or the Executive Director of Facilities Management and Transportation Services or their designees when so authorized by the Vice President for Administration, to establish restrictions upon access to or use of the University parking lots, streets or other property of the University or portions thereof as may be deemed necessary or desirable for the convenience and effective conduct of the affairs of the University; provided that the Director of the Department of Public Safety and Police Services/, or his authorized representatives shall make restrictions known by use of signs, barricades, posting of the officers of the Department of Public Safety and Police Services/Chief of Police or other authorized persons possessing official identification, or establishing lines beyond which unauthorized persons are not permitted to pass.

SEC. 2.13 EMERGENCY REGULATIONS

The Director of the Department of Public Safety and Police Services/, when so authorized by the Vice President for Administration, is hereby empowered to make and enforce temporary regulations to cover emergencies or special conditions. No such temporary regulation shall remain in effect for more than 90 days.

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