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CITY OF AUBURN HILLS
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO. 11-837
AN ORDINANCE TO AMEND CHAPTER 70, TRAFFIC
AND VEHICLES REGULATIONS OF THE AUBURN HILLS CITY
CODE, AS AMENDED, FOR THE PURPOSE OF ADDING NEW
REGULATIONS FOR PARKING IN A PUBLICLY DESIGNATED
ELECTRIC VEHICLE CHARGING STATION
THE CITY OF AUBURN HILLS ORDAINS
Section 1.
Section 70-63(2.5d) of Chapter 70. Traffic and Vehicles Regulations of the Auburn Hills
Code of Ordinances, as amended, is hereby amended to add Section 2.5d(1)i and shall read as
follows:
Sec. 2.5d. Vehicle removed by police.
(1)
A police agency or a governmental agency designated by the police agency may provide
for the immediate removal of a vehicle from public or private property to a place of
safekeeping at the expense of the registered owner of the vehicle in any of the following
circumstances:
(a) If the vehicle is in such a condition that the continued operation of the vehicle upon
the highway would constitute an immediate hazard to the public.
(b) If the vehicle is parked or standing upon the highway in such a manner as to create
an immediate public hazard or an obstruction of traffic.
(c)
If a vehicle is parked in a posted tow-away zone.
(d) If there is reasonable cause to believe that the vehicle or any part of the vehicle is
stolen.
(e) If the vehicle must be seized to preserve evidence of a crime, or when there is
reasonable cause to believe that the vehicle was used in the commission of a
crime.
(f)
If removal is necessary in the interest of public safety because of fire, flood, storm,
snow, natural or manmade disaster or other emergency.
(g) If the vehicle is hampering the use of private property by the owner or person in
charge of that property or is parked in a manner which impedes the movement of
another vehicle.
(h) If the vehicle is stopped, standing or parked in a space designated for handicapped
parking and is not permitted by law to be stopped, standing or parked in a space
designated for handicapped parking.
(i)
When a sign provides notice that a parking space is a publicly designated electric
vehicle charging station, no person shall park or stand any non-electric vehicle in a
designated electric vehicle charging station space. Further, no person shall park or
stand an electric vehicle in a publicly designated electric vehicle charging station
space when not electrically charging or parked beyond the days and hours
designated on the regulatory signs posted. For purposes of this subsection,
“charging,” means an electric vehicle is parked at an electric vehicle charging
station and is connected to the charging station equipment.
Section 2. Repealer.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the
extent necessary to give this Ordinance full force and effect.
Section 3. Severability.
If any section, clause, or provision of this Ordinance shall be declared to be unconstitutional,
void, illegal, or ineffective by any Court of competent jurisdiction, such section, clause, or
provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this
Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.
Section 4. Savings.
The proceedings pending and all rights and liabilities existing, acquired, or incurred at the
time this Ordinance takes effect are saved and may be consummated according to the law
when they were commenced
Section 5. Effective Date.
The provisions of this Ordinance are hereby ordered to take effect upon publication in the
manner prescribed by the Charter of the City of Auburn Hills.
Section 6. Adoption.
This Ordinance is hereby declared to have been adopted by the City Council of the City of
Auburn Hills at a meeting thereof duly called and held on the 1st day of August, 2011, and
ordered to be given publication in a manner prescribed by the Charter of the City of Auburn
Hills.
AYES: Mayor McDonald, Mayor Pro Tem Hammond, Council Members
Doyle, Kittle, Knight, Newkirk
NAYES: None
ABSTENTIONS: None
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified Clerk of the City of Auburn Hills, Oakland County,
Michigan, do hereby certify that the foregoing is a true and complete copy of Ordinance No. 11837adopted by the Auburn Hills City Council on the 1st day of August, 2011, the original of which
is in my office.
_______________________________
Thomas A. Tanghe, Acting City Clerk