ADOPTED - APRIL 11, 2006

ADOPTED - APRIL 11, 2006

Agenda Item No. 11

Introduced by the County Services and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION ADOPTING ORDINANCE AND ESTABLISHING PENALTIES FOR PARKING VIOLATIONS IN COUNTY PARKING LOTS

RESOLUTION #06-091

WHEREAS, the Ingham County Board of Commissioners desires to adopt the attached Ordinance Regulating Parking in County Parking Lots; and

WHEREAS, the Ordinance requires that penalties for parking violations be set forth in a separate resolution; and

WHEREAS, the penalties for violating the Ordinance are consistent with similar parking violations under the Michigan Vehicle Code.

THEREFORE BE IT RESOLVED, that the penalties for violating the Ordinance Regulating Parking in County Parking Lots are as follows:

Space designated for Non-Disabled Persons:

First offense $50.00 plus costs

First repeat offense (i.e., second offense) $100.00 plus costs

Second repeat (or any subsequent) offense $250.00 plus costs

Space Designated for Disabled Persons: $250.00 for each offense plus costs

BE IT FURTHER RESOLVED, that the penalties shall be effective on the same date as the Ordinance Regulating Parking in County Parking Lots becomes effective.

BE IT FURTHER RESOLVED, that the penalties shall be published with the Ordinance Regulating Parking in County Parking Lots in a newspaper of general circulation.

BE IT FURTHER RESOLVED, the Ingham County Board of Commissioners urges the Ingham County Parks and Recreation Commission to consider adopting rules and regulations establishing parking fines that are consistent with those fines set forth in this resolution.

BE IT FURTHER RESOLVED, that the attached Ordinance Regulating Parking in County Parking Lots is hereby adopted, and the County Clerk shall have the Ordinance published as required by State law, and it shall become effective upon publication.

COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino

Nays: None Absent: Vickers Approved 4/4/06

FINANCE: Yeas: Thomas, Grebner, Dedden, Weatherwax-Grant, Dougan

Nays: None Absent: Hertel Approved 4/5/06

ORDINANCE REGULATING PARKING IN COUNTY PARKING LOTS

An Ordinance to provide for the regulation of parking in parking lots owned by Ingham County, and for the penalties associated with parking violations.

THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:

Article 1. Purpose and Authority. Deeming it advisable in the interest of the citizens of Ingham County, as authorized by Act 58 of the Public Acts of 1945, as amended, being Section 46.201 of the Michigan Compiled Laws, and as authorized by the Michigan Vehicle Code, Act 300 of 1949, as amended, being specifically Section 257.674 of the Michigan Complied Laws, the County of Ingham, Michigan, adopts this Ordinance for the regulation of parking in County parking lots.

Article 2. Ordinance Title. The title of this Ordinance is the Ordinance Regulating Parking In County Parking Lots.

Article 3. Definitions.

3.1. Civil infraction means an act or omission prohibited by law which is not a crime as defined in Section 5 of Act No. 328 of the Public Acts of 1931, as amended, being Section 750.5 of the Michigan Compiled Laws, and for which civil sanctions may be ordered.

3.2. County parking lots means all parking areas owned by Ingham County wherever located, except for (a) those parking lots that are adjacent to, and across the street from, the Veterans Memorial Courthouse/Grady Porter Building in Lansing, Michigan, that are governed by a separate ordinance, and (b) those parking lots located within any County park.

3.3. Disabled person means a person determined to be disabled as defined in Section 19a of the Michigan Vehicle Code, being Section 257.19a of the Michigan Compiled Laws.

3.4. Motor vehicle means every vehicle that is self-propelled.

Article 4. Parking Regulations.

4.1. Motor vehicles must be parked completely within a single marked parking space, and may not be parked in any manner so as to block the access or movement of other motor vehicles. Motor vehicles may not be parked in any area designated by sign as No Parking.

4.2. Motor vehicles parked in a space designated by sign for use by a disabled person must display one (1) of the following:

(a) A certificate of identification or windshield placard issued under Section 675 of the Michigan Vehicle Code to a disabled person.

(b) A special registration plate issued under Section 803d of the Michigan Vehicle Code to a disabled person.

(d) A similar special registration plate issued by another state to a disabled person.

(e) A special registration plate to which a tab for persons with disabilities is attached issued under the Michigan Vehicle Code.

Article 5. Prima Facie Evidence; Parking Violators. In any proceeding for violation of the parking provisions in this Ordinance, the registration plate displayed on the motor vehicle shall constitute in evidence a prima facie presumption that the owner of the motor vehicle was the person who parked or placed the motor vehicle at the point where the violation occurred.

Article 6. Penalties for Parking Violations; Civil Infraction. Violation of this Ordinance may be treated as a nuisance, and abated by local authorities by impoundment of the vehicle involved, by notice of violation, or by removal to a designated motor vehicle pound to be returned only upon payment of reasonable impoundment fees. Violation of this Ordinance shall be processed in the same manner as a civil infraction under the Michigan Vehicle Code, and monetary penalties shall be set forth by resolution by the Ingham County Board of Commissioners, which may be amended from time to time.

Article 7. Conflict with Criminal Laws. Nothing in this Ordinance shall be construed to conflict, contravene, enlarge or reduce any criminal liability or responsibility, including fines imposed by a judge for any criminal offense under Michigan law.

Article 8. Construction. When not inconsistent with the context, words used in the present tense include the future. Words in the singular include the plural and words in the plural include the singular. Masculine shall include a feminine and neuter. The word “shall” is always mandatory and not merely directive. Words or terms not defined herein shall be interpreted as defined in statutes, regulations, or codes to which they apply or if not so defined shall be defined in the manner of their common meaning. Headings shall be deemed for convenience and shall not limit the scope of any section of this Ordinance.

Article 9. Severability. The various parts, sections, subsections, paragraphs, sentences, phrases, and clauses of this Ordinance are hereby declared to be severable. If any part, section, subsection, paragraph, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it shall be considered severed from this Ordinance and shall not be construed as affecting the validity of the remaining portions of this Ordinance.

Article 10. Repeal. All ordinances or parts of ordinances inconsistent herewith are hereby repealed

Article 11. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.

Article 12. Effective Date of Ordinance. This Ordinance shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.

I, Mike Bryanton, Ingham County Clerk, certify that this Ordinance was adopted by the Ingham County Board of Commissioners and published on _____________________________.

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Mike Bryanton, Ingham County Clerk

Ingham County Board of Commissioners

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Victor Celentino, Chairperson