SUBSTITUTE ADOPTED - FEBRUARY 14, 2006

SUBSTITUTE ADOPTED - FEBRUARY 14, 2006

Agenda Item No. 7

Introduced by the County Services and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION ADOPTING ORDINANCE AND SETTING PENALTIES FOR PARKING VIOLATIONS AT THE VETERANS MEMORIAL COURTHOUSE/GRADY PORTER BUILDING

RESOLUTION #06-028

WHEREAS, the Ingham County Board of Commissioners desires to adopt the attached Ordinance Regulating Certain Parking at the Veterans Memorial Courthouse/Grady Porter Building; and

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

WHEREAS, the Ordinance requires the penalties to be set forth in a separate resolution.

THEREFORE BE IT RESOLVED, that the penalties for violating the Ordinance Regulating Certain Parking at the Veterans Memorial Courthouse/Grady Porter Building are as follows:

Space Designated for Non-Disabled Persons:

First Offense Written Warning

Second Offense $ 50.00 plus costs

Third and Subsequent Offense $100.00 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 Certain Parking at the Veterans Memorial Courthouse/Grady Porter Building goes into effect.

BE IT FURTHER RESOLVED, that the penalties shall be published with the Ordinance Regulating Certain Parking at the Veterans Memorial Courthouse/Grady Porter Building in a newspaper of general circulation.

BE IT FURTHER RESOLVED, that policy for enforcement of the ordinance is as follows: no enforcement action will be taken against any person for parking in the County parking lots without conducting business in the Veterans Memorial Courthouse/Grady Porter Building unless there is visual confirmation that the person is not conducting business in the Veterans Memorial Courthouse/Grady Porter Building.

BE IT FURTHER RESOLVED, the attached ordinance is hereby adopted and the County Clerk shall have the ordinance published as required by State law and it shall become effective after publication.

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

Nays: None Absent: None Approved 2/7/06

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

Nays: None Absent: None Approved 2/8/06

ORDINANCE REGULATING PARKING AT

THE VETERANS MEMORIAL COURTHOUSE/GRADY PORTER BUILDING

An Ordinance to provide for the regulation of parking at the Ingham County Veterans Memorial Courthouse/Grady Porter Building in the 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 at the Veterans Memorial Courthouse/Grady Porter Building.

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 the parking areas owned by Ingham County that are adjacent to, and across the street from, the Veterans Memorial Courthouse/Grady Porter Building in Lansing, Michigan. The County parking lots contain three separate parking areas:

(1) the North lot, which is open to the public, and is located on the northeast corner of Kalamazoo Street and Walnut Street, across the street from the front entrance of the Veterans Memorial Courthouse/Grady Porter Building;

(2) the South lot, which has restricted (gated) access, and is located to the south (rear) of the Veterans Memorial Courthouse/Grady Porter Building; and

(3) the West lot, which is limited to parking for disabled persons and police vehicles, is located along the west side of the Veterans Memorial Courthouse/Grady Porter Building.

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. Parking of motor vehicles in all County parking lots is limited to only those of individuals conducting business in the Veterans Memorial Courthouse/Grady Porter Building. 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.

4.3. Motor vehicles parked in spaces designated by sign for police vehicles only must be either an official police patrol car, an official Ingham County-designated vehicle, or display a certificate of identification identifying the motor vehicle as one used by a law enforcement agency.

4.4. Parking in the South lot is limited to motor vehicles of authorized persons with access through the gate using a card issued by Ingham County.

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 _____________________________.

___________________________________

Mike Bryanton, Ingham County Clerk

Ingham County Board of Commissioners

_______________________________

Victor G. Celentino, Chairperson