SECTION 1. PURPOSE AND AUTHORITY
The Calhoun County Motor Carrier Safety Ordinance (hereinafter referred to as "the Ordinance") is necessary to promote and preserve the peace, health, public safety and general welfare of Calhoun County, to ensure the protection of personal and public property, and to preserve the structural integrity of Calhoun County's road system. The Ordinance is authorized by MCL §46.lOb, §46.11 0), §4S0.l7b, and §4S0.21(l) and (2).
SECTION 2. DEFINITIONS
(A) "Driver, person, or motor carrier" shall have the same meaning as set forth in 49 CPR 390.5 and the Motor Carrier Safety Act of 1963, Act lSI, as amended, being MCL §4S0.l1 et. Seq. (hereinafter referred to as the "Motor Carrier Safety Act."
(B) "Commercial motor vehicle" shall have the same meaning as that set forth in the Motor Carrier Safety Act.
(C) "Serious Safety Defect" shall mean a violation of the Motor Carrier Safety Act or a rule promulgated pursuant to the Motor Carrier Safety Act relative to brakes, tires, steering, coupling devices, headlights, taillights, brake lights, and tum signals that results in the vehicle being placed out of service.
SECTION 3. VIOLATIONS
A driver, person, or motor carrier who requires or permits a driver to operate a commercial motor vehicle with a serious safety defect is subject to the penalty provisions set forth herein.
SECTION 4. SANCTION FOR VIOLATION
Pursuant to MCL §46.lOb(3), sanction for a violation of the Ordinance shall constitute a civil infraction punishable by an imposition of a civil fine which shall not be more than Five Hundred Dollars ($500.00) plus costs. Each day or occurrence shall constitute a separate offense. In addition to the sanctions authorized by this Section, The Calhoun County Sheriff may remove or provide for the removal of a commercial motor vehicle within the right of way of a Calhoun County road. The costs related to removal as well as any storage expenses shall be borne by the driver, person, or motor carrier responsible for placement of the vehicle or equipment within the County Road right of way.
SECTION 5. ENFORCEMENT
The enforcement of this Ordinance through the issuance of citations for violation of the Ordinance shall be the responsibility of the Calhoun County Sheriff's Department.
SECTION 6. PROSECUTION
When any provision of this Ordinance has been violated, the offense may be prosecuted in the Tenth District Court. The Calhoun County Prosecutor shall prosecute violations of this Ordinance.
SECTION 7. EXEMPTION FOR CITIES, VILLAGES, OR TOWNSHIPS
Any city, village, or township that has previously enacted or subsequently enacts an ordinance which duplicates or fully achieves the purpose of this Ordinance is exempted from the application of this Ordinance.
SECTION 8. SEVERABILITY
The invalidity of any clause, sentence, paragraph or part of this Ordinance shall not affect the validity of the remaining parts of this Ordinance.
SECTION 9. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once in a newspaper of general circulation within the County of Calhoun, State of Michigan, and shall take effect and be in full force upon said publication.