Statement of Purpose

Because it appears to the Board of Governors of Wayne State University that motor vehicle, parking and pedestrian regulation is essential to the maintenance of good order and the promotion of the objectives of the University, the Board adopts the following provisions:

Effectiveness of Ordinance

This ordinance shall be effective upon the date on which it is promulgated by the President.

All motor vehicle, parking and pedestrian ordinances previously enacted by the Board of Governors of Wayne State University are declared null and void.

Authority of the Board of Governors

This ordinance is enacted by the Board of Governors pursuant to and in accordance with the authority and responsibility of said Board as outlined in the Constitution of the State of Michigan and applicable statutes.

Definitions and General Provisions

Alley -- a public way within a block, primarily intended for service and access to abutting property.

Campus -- all property, wheresoever situated, owned or held by the Board of Governors in its capacity as the governing body of Wayne State University.

Crosswalk -- (a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the transversable highway; (b) any portion of a highway, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Civil Infraction -- an act or omission prohibited by law which is not a crime (as defined in Section 750.5 of the Michigan Compiled Laws) and for which civil sanctions may be ordered.

Double Parking, Double Standing, or Double Stopping -- the parking, standing or stopping of a vehicle upon the roadway side of another vehicle parking, standing or stopping.

Intersection -- the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of two or more highways which join one another in an angle, whether or not one such highway crosses the other.

Motor Vehicle -- every vehicle which is self-propelled.

Operator -- every person or individual who shall operate a vehicle; and, with reference to parking provisions, any person parking or moving a vehicle, whether remaining in such parked vehicle or not.

Ordinance -- those rules and regulations herein prescribed and all traffic, parking and pedestrian ordinances contained in the City Charter of the City of Detroit not inconsistent with the rules and regulations promulgated herein.

Owner -- a person who holds legal title to a vehicle, or, in the event of a vehicle that is subject to agreement for conditional sale or lease, with right to purchase upon performance of condition stated in the agreement, with immediate right of possession vesting in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed to be the owner for purposes of this ordinance.

Parking -- the standing or storing of a vehicle upon a street unattended by the operator.

Pedestrian -- any person afoot.

Public Safety Officer -- all ranks within the organizational framework of the Department of Public Safety of Wayne State University. This definition shall be considered synonymous with any other descriptive title normally assigned to those persons entrusted with exercising police powers.

Sidewalk -- that portion of a street between the curb lines or the lateral lines in the roadway and the adjacent property lines intended for use of pedestrians.

Standing -- the standing of a passenger vehicle upon a street with an operator in the driver's seat; and the standing of a commercial vehicle for the purpose of loading or unloading of goods of any nature, only for the reasonable length of time actually required to effect such loading or unloading, and the operator is not required to remain in the driver's seat.

Stop Intersection -- an intersection at one or more entrances to which vehicles are required by stop signs to stop before entering.

Stopping -- the stopping of a vehicle to load or unload passengers for a period not to exceed three minutes with the operator remaining in the driver's seat.

Street or Highway -- the entire width between the boundary lines of every way, when any part thereof is open to the use of the public for purposes of vehicular travel, on the campus of Wayne State University.

Traffic -- means pedestrians, vehicles and other conveyances, either singly or together, while using any street for purposes of travel.

Traffic-Control Devices -- all signs, signals, markings and devices placed or erected under the authority of this ordinance for the purpose of regulating, warning or guiding traffic.

Traffic-Control Signal -- any device whether manually, electrically or mechanically operated by which traffic is alternately directed to stop or proceed.

General Provisions

All traffic, parking and pedestrian ordinances contained in the City Charter of the City of Detroit and not inconsistent with the ordinance, rules and regulations promulgated by the Board of Governors of Wayne State University are hereby incorporated and adopted pursuant to the provisions of Sec. 2.87.01.020.

The rules and regulations promulgated under this ordinance shall not conflict with any state, county, township or city ordinance which may be applicable.

Copies of this ordinance, and all subsequent amendments hereto, shall be maintained, in convenient form, in at least three conspicuous places on the land governed by said Board of Governors.

Enforcement of Ordinance

The Board of Governors hereby delegates to the President or his/her designee the authority and the duty to enforce this ordinance.

The President or his/her designee is also charged with the responsibility to appoint subordinates who shall enforce this ordinance.

With the purpose of maintaining necessary control of property governed by the Board of Governors located in areas beyond the property at or adjacent to Detroit, and the conduct of persons coming onto this property, the Board may authorize the application of this ordinance or portions of this ordinance to said property. Enforcement authority may be vested with appropriate local officials.

Penalties

The violation of those regulations herein which are designated with an asterisk (*) constitutes a misdemeanor. Upon conviction an individual may be fined and/or imprisoned in the county jail of the county wherein the offense was committed, as provided by law.

Whosoever shall refuse or fail to conform to any other of the rules and regulations in this ordinance shall be deemed to have committed a civil infraction; that person shall be subject to civil sanctions as provided by law.

Administration

The President of Wayne State University shall appoint a committee entitled Committee on Traffic, Parking and Pedestrian Rules and Regulations. The Chair of this Committee shall be chosen from the membership by the President. This Committee shall be advised by the Office of the General Counsel. This Committee may be known as the Parking Committee.

The Parking Committee shall advise the President or his/ her designee regarding traffic control devices; the establishment of stop signs, standing or parking or stopping regulations; the establishment of one-way streets, alleys, crosswalks and traffic lanes and such other markings, restrictions and street designations as may be deemed necessary for the protection of pedestrians and vehicles.

The Parking Committee shall advise the President or his/her designee regarding meters, metered parking zones, and parking lots or areas which shall be controlled or restricted by parking gates.

The Parking Committee shall advise the President or his/ her designee regarding the establishment of special restricted parking areas (and signs which indicate such restrictions) where such restrictions are necessary for essential activities of the University and/or where interference with such activities may adversely affect the public interest in maintaining a safe and well-ordered campus.

Operation of Vehicles Generally

No person shall drive any motor vehicle upon other than an established roadway or parking area.

Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed, not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions then existing. No person shall drive any vehicle upon a highway at a speed greater than will permit her/him to bring it to a stop within the assured clear distance ahead.

No operator shall drive through any alley at a speed exceeding fifteen miles per hour, nor shall an operator, when driving a vehicle out of an alley, driveway or building onto the highway, cross the sidewalk before coming to a complete stop.

Every driver of a vehicle shall stop such vehicle at any clearly 1 marked stop sign, except when directed to proceed by a police officer or a public safety officer or a traffic control signal, and if at the entrance to an intersection, shall proceed into the intersection only when such movement can be made in safety and without interfering with other traffic.

No operator shall blockade or obstruct a highway. Whenever a vehicle becomes stalled or, for any reason, cannot be removed by its own power, and in consequence obstructs a highway, the owner or operator shall cause the prompt removal of the same by towing or otherwise. Regardless of any traffic control signal or device indication or other right to proceed, no operator shall enter a vehicle into an intersection or crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstruction or blocking the passage of other vehicles or pedestrians.

Where traffic control devices or signs have been erected indicating that traffic shall only move in one direction, vehicular traffic shall move only in the indicated direction.

Before turning to the right or left, or before materially varying the course in which the vehicle is proceeding, the operator shall drive the vehicle into the proper lane, and shall first ascertain that such stopping, variation in course or turning maneuver can be made in safety, and shall give a warning signal to other operators by extending the arm, beyond and outside the vehicle, holding the same for a sufficient time to apprise approaching operators of his intention to vary his course, stop or turn, as the case may be; provided, that in lieu of such signal, signals may be given by mechanical or electrical devices which convey an intelligible warning to other operators approaching from the front or rear.

Where signs are erected at the beginning of a speed control zone, stating the limit of speed, it shall be unlawful to exceed such stated speed while in the speed zone.

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or vehicle upon any street or area opened to motor vehicles.

Traffic-Control Devices

To assist in the control of traffic, traffic-control devices may be employed.

No person shall deface, injure, knock down or remove any traffic-control device established or authorized by the Board of Governors.

No operator of a vehicle shall disobey the instructions of any traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.

No operator of a vehicle shall turn a vehicle at any intersection except when such movement can be made in safety and without interfering with other traffic and as directed by established pavement markers, signs or signals placed within or adjacent to said intersection.

At the intersection of two or more through streets, signs requiring stops may be erected at all approaches thereto. Signs may also be erected on the approach to an intersection of one street with another, one street requiring drivers on one street to come to a full stop before entering or crossing the other, and whenever any such signs have been so erected, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto. This regulation shall not apply at any intersection where traffic is being directed by a police officer or traffic signal.

Motorcycles, Motor-Driven Cycles, and Bicycles

Every person riding a bicycle, motorcycle or motor-driven cycle upon a roadway shall be subject to the provisions of this ordinance applicable to the driver of a vehicle, except as to special regulations in this ordinance and except as to those provisions of this ordinance which, by their nature, can have no application.

A person operating a bicycle, motorcycle or motor-driven cycle shall not ride other than upon the permanent and regular seat attached thereto. A person operating a bicycle or motor-driven cycle shall not carry any other person.

No person may ride a motorcycle or motor-driven cycle upon sidewalks. Persons may ride bicycles upon sidewalks; provided that such persons yield the right of way to pedestrians and give audible signal before overtaking and passing such pedestrian.

Pedestrians' Rights and Duties

Where sidewalks are provided, a pedestrian shall not walk upon the main traveled portion of the highway. Where sidewalks are not provided, pedestrians shall, when practicable, walk on the left side of the highway facing traffic which passes nearest.

Whenever traffic is controlled by traffic-control devices exhibiting different colored lights successively, one at a time, or with arrows, the following colors only shall be used, and such terms and lights shall indicate and apply to pedestrians as follows:

Green alone -- Pedestrians facing the green signal may proceed across the highway within any marked or unmarked crosswalk.

Yellow alone -- Pedestrians facing such signal are thereby advised that there is insufficient time to cross the highway, and any pedestrians then starting to cross shall yield the right of way to all vehicles.

Red alone -- No pedestrians facing such red signal shall enter the highway unless he can do so safely and without interfering with any vehicular traffic.

Red with Green arrow -- No pedestrian facing such signal shall enter the highway unless he can do so safely and without interfering with any vehicular traffic.

At intersections not controlled by traffic signals, the driver of a motor vehicle shall slow down or stop, if need be, to avoid interfering with a pedestrian lawfully within a crosswalk.

Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

A pedestrian, when entering a crosswalk, shall not step into the path of a motor vehicle when such motor vehicle is so close as to constitute a hazard.

A pedestrian, while crossing the street at a point other than a crosswalk, shall not stop suddenly, run or jump into the path of a moving vehicle when such motor vehicle is so close as to constitute a hazard; provided, that this paragraph shall not be construed to relieve the operator of a motor vehicle of his responsibilities.

White canes. Any driver of a vehicle who approaches within 10 feet of a person wholly or partially blind, carrying a cane or walking stick which is white or white-tipped with red, or being led by a guide dog wearing a harness and walking on either side of or slightly in front of said blind person, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind.

Accidents

The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop such vehicle at the scene of such accident and shall give his name, address and the registration number of his vehicle; also the name and address of the owner, and shall exhibit his operator's or chauffeur's license to the person struck or to the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.

The driver of any vehicle involved in an accident resulting in damage to property shall immediately stop such vehicle at the scene of such accident and shall give his name, address and the registration number of his vehicle, and also the name and address of the owner, and exhibit his operator's or chauffeur's license to the driver or occupants of any other vehicle involved.

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle, or if such person cannot be located shall leave securely attached in a conspicuous place on the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and shall report such accident to the Department of Public Safety.

All accident reports required of drivers under this ordinance shall be subject to the provisions of the Michigan Uniform Traffic Code with regard to disclosure of information contained in said report.

Concealing identity; giving false information -- No person shall conceal or attempt to conceal his identity or falsely identify himself or give false information to any police officer or to any person entitled to the information prescribed in Secs. 2.87.01.335 through 2.87.01.340.

Stopping, Standing, and Parking Generally

Except as otherwise provided in this ordinance, by street signs or by lines painted on the street, every vehicle stopped or parked upon the street shall be so stopped or parked that the right side of the vehicle is adjacent to the curb with neither right wheel more than twelve inches from the curb; except that on one-way streets where parking is allowed on the left side of the street, the left side of the vehicle shall be adjacent to the left curb, with neither left wheel more than twelve inches from the curb. Every vehicle shall be parked within parking markings in all cases where such parking markings exist.

Where signs prohibiting stopping are installed, no operator shall stop, stand or park a vehicle in such designated space, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic-control device.

Where signs prohibiting standing are installed, no operator shall stand or park a vehicle in any such designated place.

Where signs prohibiting parking are installed, no operator shall park a vehicle in such designated place.

Where zones and entrances are designated for standing or stopping of vehicles and the regulations are established by signs, then they shall be effective only during those periods when such buildings or property are operating. Where these zones or entrances are established on streets upon which the standing of vehicles is prohibited during designated periods by one or more general restriction signs installed in the same block, the privilege of using such zones or entrances is denied during these hours.

Notwithstanding the provisions of this or other sections of this chapter, commercial vehicles may park in loading zones and no parking zones for the length of time required, up to a maximum of one-half hour, to load and unload vehicles, or make the necessary deliveries or pick-ups; also, public utility or other commercial service vehicles may park in loading zones or other no parking zones for the purpose of servicing adjacent property for a length of time necessary for such service operation; provided, that while so parked, the vehicle shall prominently display thereon a written or printed notice of the place where such service is being performed.

No operator shall park, stand or stop a vehicle, except when necessary to avoid conflict with law or other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:

No person shall move a vehicle into any prohibited area or away from a curb such distance as is unlawful.

No operator, except those of commercial vehicles, shall leave a motor vehicle unattended at the curb or other place to which the public has access unless the operator shall first shut off the motor and lock the motor vehicle or some part thereof so as to prevent the starting and operation of the motor vehicle.

Physically incapacitated war veterans entitled to or using vehicles under federal legislation, or similar specially constructed vehicles, shall be entitled to park such vehicles for periods not to exceed twenty-four hours at any one time on streets and in areas, including metered areas, where parking is limited but not prohibited by this ordinance, subject to the following requirements:

Any veteran so entitled shall possess a card issued by the Director of Parking, certifying that the holder thereof meets the requirements of this section. Such card shall be kept in his personal possession and be exhibited upon the request of any police officer. The vehicle, when parked, shall carry a sticker conspicuously displayed at all times on the sun visor, the same to be issued by the Director of Parking and indicating the right to park under the provisions of this section. The Director of Parking may limit the privilege granted to certain areas or streets, and may impose such other restrictions as she/he may deem necessary.

The unauthorized possession or use of such card and/or sticker is hereby declared unlawful.

The provisions of Secs. 2.87.01.405 through 2.87.01.420 may be extended to other physically incapacitated persons by the Director of Parking upon a proper showing of a need therefor.

No person shall park a vehicle in a public alley, nor shall any persons stop or stand a vehicle in a public alley, if such stopping or standing shall obstruct passing by other vehicles; provided, that a commercial vehicle may load or unload in a public alley, and public utilities or other commercial service vehicles may park in such alley while servicing abutting or adjacent property, and, while so parked, shall prominently display a written or printed notice of the place where such service is being performed. Any such vehicle using such alleys shall not obstruct the passage of other vehicles.

No person shall stop, stand or park a vehicle on the footwalks, bridle paths, sidewalks, grass plots, dividing areas of divided highways or planted places of any park or boulevard, nor shall any person park a vehicle adjacent to a dividing area within a street or boulevard, except in such areas as may be designated by official signs for the parking of automobiles.

No person shall stand or park a vehicle in front of an entrance to any public building, public or private driveway, auditorium, theatre, or office building during such times a large number of people gather therein.

When practicable, merchandise and freight shall be discharged and loaded from the side of the vehicle nearest the curb. When such handling is impracticable because of the size or weight of the packages, merchandise or freight, the vehicle may back to the curb, but it shall not stand at an angle which will obstruct the operation of other vehicles.

Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, no operator shall stop a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of passengers, nor stand a commercial vehicle for any purpose other than for the reasonable time to unload or load materials or merchandise in any loading zone, during the hours when the provisions applicable for loading zones are in effect. Except as provided in this section, no operator shall stand or park a vehicle in a loading zone.

Motor vehicles may be parked in a "pick-up zone" for a period of time not to exceed l5 minutes, for the purpose of loading or unloading merchandise or materials of a heavy or bulky nature only in commercial establishments located adjacent to such pick-up zone. It shall be unlawful for motor vehicles to stand or park in such pick-up zones for any purpose except for loading or unloading. It shall be unlawful for motor vehicles permitted under this section to park in a pick-up zone for a period exceeding fifteen minutes at any one time.

No operator shall park a vehicle within fifteen feet of a fire hydrant; within twenty feet of the driveway entrance to any fire station, and on the side of the street opposite the entrance to any fire station, within seventy-five feet of such entrance, when properly signposted.

No person shall park a motor vehicle in any assigned parking lot or space without proper authorization and display of a designated sticker.

No person shall deposit slugs in, or in any other way tamper with, any gate mechanisms or other parking equipment.

When parking gates are installed to restrict use of a parking area or parking lot, no person shall use such area without depositing the coin of the United States Currency of the denomination designated on said parking gate, or without using an authorized admittance card or token, according to the operating instructions designated for the parking gate.

No person shall use any parking ramp, parking building, or other parking facility without paying the fee designated for such parking and at the time prescribed therefor.

No person shall drive or attempt to drive a vehicle through parking lot exits or entrances controlled by parking gates except in the manner posted and indicated by the nature of the operation of the parking gate.

No person shall drive or attempt to drive a vehicle into a parking lot through the exit side of the parking gate or drive a vehicle from a parking lot through the entrance side of the parking gate unless directed to do so by a police officer.

Parking is prohibited in all student parking areas between 2:30 a.m. and 7:00 a.m. of the same day any day of the week. This includes those parking areas that become available for student parking at 5:30 p.m. Faculty and staff parking areas are available 24 hours each day except where posted otherwise.

Lines or markings are to be painted or placed upon the curb or upon the street adjacent to each parking meter for the purpose of designating the parking space for which such meter is to be used. Each vehicle parking or standing by any parking meter shall park or stand within the lines or markings so established. It shall be unlawful to park or stand a vehicle in such a position that it shall not be entirely within the area so designated by such lines or markings.

When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parking or standing in such parking space shall be parked or stood so that the foremost part of such vehicle shall be alongside of and nearest to the parking meter. When a parking space in any parking meter zone is diagonal to the curb or sidewalk, any vehicle parked or stood in such parking space shall be parked or stood with the foremost of such vehicle directed at and nearest to such meter.

When any vehicle is parked or standing in any space alongside of or next to which a parking meter is located, in accordance with the provisions of this article, the operator of such vehicle, upon entering the parking space, shall immediately cause to be deposited a coin of United States currency in such parking meter, and shall place such meter in operation, either automatically or by turning a mechanical device designated to place such meter in operation. The parking space then may be lawfully occupied by such vehicle during the period of parking or standing time which has been prescribed for the part of the street on which said parking space is located. If such vehicle shall remain parked or shall remain standing in any such parking space beyond the time limit fixed for each parking space, the parking meter shall display a sign or signal showing illegal parking or standing, and in that event such vehicle shall be considered as parked overtime and in violation of this article. Any person placing a vehicle in a parking meter space which meter indicates that unused time has been left thereon by the previous occupant of that space shall not be required to deposit a coin for the use of such unused time; provided, that after the expiration of such unused time, it shall be unlawful to permit this same vehicle to occupy such space until the lapse of one legal period of time which has been prescribed for this space.

No person shall cause, allow, permit or suffer any vehicle to stand or to be parked overtime beyond the period of legal parking or standing time established for any parking meter zone.

It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, devices or substitutes for any coin of the United States.

It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this article.

In any proceeding for violation of the provisions of Secs. 2.87.01.400 through 2.87.01.420 or any parking rule or regulation adopted pursuant to the provisions of ordinance, the registration plate displayed on the motor vehicle shall constitute in evidence a prima facie presumption that the owner of such motor vehicle was the person who parked or placed such vehicle at the point where such violation occurred.

Penalties and Procedure on Violation

There shall be established a University Parking Violations Bureau which shall be the agency for accepting admissions of civil responsibility in cases of violation of the parking ordinance.

The Parking Violations Bureau shall be under the direction of an officer of the University, designated by the President or his/her designee, who shall make a monthly accounting to the Treasurer of all civil sanctions collected.

The Parking Violations Bureau shall accept the civil sanctions listed in Secs. 2.87.01.560 and 2.87.01.565 of these ordinances for the listed infraction. Payment in acceptance of such civil sanctions within 15 days of the violation shall be deemed complete satisfaction of the violation, and a receipt so stating shall be given to the violator.

Fines not paid within 15 days shall be settled with the City of Detroit Violations Bureau in accordance with its schedule of fines.

The Chair of the Parking Committee shall be responsible for the issuance of books of traffic violation notices and shall maintain a record of every such book issued to the Department of Public Safety for use by the police officers and shall require and retain a receipt for each book so issued.

Every police officer of the Department of Public Safety upon issuing a violation notice to the alleged violator of any provision of this ordinance shall submit a duplicate copy of said violation notice to the Parking Violations Bureau.

Severance Provision

The sections, paragraphs, sentences and clauses of this statute, and of all rules and regulations promulgated hereunder, are severable, and if any one of them shall be declared unconstitutional or invalid for any reason by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, or paragraphs of this statute, or any rules and regulations promulgated hereunder, since they could have been enacted separately.