LODI TOWNSHIP WASHTENAW COUNTY MICHIGAN
Ordinance No. 2020-001
AN ORDINANCE TO SECURE THE PUBLIC SAFETY, HEALTH, AND WELFARE OF THE RESIDENTS AND PROPERTY OWNERS OF THE TOWNSHIP OF LODI, WASHTENAW COUNTY, MICHIGAN, BY THE REGULATION OF ENGINE BRAKES IN LODI TOWNSHIP, AND TO PROVIDE PENALTIES AND REMEDIES FOR VIOLATIONS.
THE TOWNSHIP OF LODI, WASHTENAW COUNTY, MICHIGAN, ORDAINS:
Section 1: Title.
This ordinance shall be known and cited as the “Lodi Township Engine Brake Ordinance.”
Section 2: Definitions.
The following terms used in this ordinance are defined as follows:
“Person; means an individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, sole proprietor, or other legal entity acting as a unit.
Section 3: Engine brakes prohibited.
The use of engine brakes (commonly calledjake brakes) by any vehicle operator are declared unreasonably loud, disturbing, or unnecessary noise and are unlawful and prohibited in Lodi Township.
Section 4: Presumption that registered owner of motor vehicle is responsible for the violation.
In prosecution for a violation of this ordinance, proof that the particular motor vehicle described in the citation, violation notice or complaint was used in the violation, together with proof that the defendant named in the citation, violation notice or complaint was the registered owner of the motor vehicle at the time of the violation, constitutes in evidence a presumption that the registered owner of the motor vehicle was the person who operated or controlled the motor vehicle when the violation occurred. The person in whose name the motor vehicle is registered with the Secretary of State is presumed to be the registered owner of the motor vehicle.
Section 5: Enforcement and Penalty, violation a Municipal Civil Infraction.
The Lodi Township Supervisor shall be responsible for enforcing this ordinance. Except for the issuance of citations and municipal ordinance violation notices, the Supervisor may delegate the actual enforcement of the provisions of this ordinance to other township officials and personnel. For the issuance of citations and municipal ordinance violation notices, the Lodi Township Supervisor, the Zoning Inspector, any other official, individual, firm, or entity the Lodi Township Board designates to perform all or part of the duties of the Zoning Inspector, and all Washtenaw County Sheriff deputies, Michigan State troopers, and any Lodi Township Constable, Police Officer, and Ordinance Enforcement Officer, who have jurisdiction within Lodi Township, are authorized to issue citations and municipal ordinance violation notices as “authorized local officials” pursuant to MCL 600.8707.
Any person who violates any of the provisions of this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by civil fine determined in accordance with the following schedule.
1st offense (no other offenses within the previous two years): Fifty Dollars ($50.00).
II.2nd offense (one other offense within the previous two years): One Hundred Dollars ($100.00).
III.3rd offense (two other offenses within the previous two years): Two Hundred Fifty Dollars ($250.00).
IV.4th or greater offense (three or more offenses within the previous two years): Five Hundred Dollars ($500.00).
Each day that a violation continues shall be deemed to be a separate violation. This ordinance shall not prevent the Township from using other methods or means available to it under Michigan law pertaining to noise problems or violations.
In addition to the fine designated above, each person, firm, association, partnership, corporation, or government entity who violates or authorized, allowed, or permitted a violation of any of the provisions of this ordinance or fails to comply with a duly authorized order issued pursuant to this ordinance shall be summarily taxed the costs of the action, which are not limited to the costs taxable in ordinary civil infraction actions and may include all expenses, direct and indirect, to which Lodi Township has been put in connection with the municipal civil infraction, up to the entirety of judgment. Costs of not more than $500.00 shall be ordered. Except as otherwise provided by law, costs shall be payable to the general fund of Lodi Township.
In addition to the relief stated above, Lodi Township may obtain and have enforced any judgment, writ, or order necessary to enforce the ordinance pursuant to MCL 600.8727(5), 600.8302(1) and 600.8302(4).
Lodi Township may obtain and enforce liens as authorized by MCL 600.8731.
Section 6: Severability
The provisions of this Ordinance are hereby declared to be severable and if any part is declared invalid for any reason by a court of competent jurisdiction it shall not affect the remainder of the Ordinance which shall continue in full force and effect.
Section 7: Repeal
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
Section 8: Savings Clause.
The repeal provided herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending fee, assessments, litigation, or prosecution of any right established, occurring prior to the effective date hereof.
Section 9: Effective Date
This Ordinance shall be published once in a newspaper having general circulation in Lodi Township and shall take effect 30 days after the first publication as required by law following adoption by the Township Board.
Jan Godek, Township Supervisor
Clerk’s Certification
I, Christina Smith, Clerk for Lodi Township, Washtenaw County, Michigan, hereby certify that the foregoing is a true and correct copy of Ordinance No. 2020-001 of Lodi Township, adopted by resolution at a meeting of the Township Board of Trustees held on Tuesday, July 7, 2020, and the whole thereof in my custody.
Christina Smith, Township Clerk
A copy of the complete ordinance text may be inspected or purchased at the Lodi Township Hall, 3755 Pleasant Lake Road, Ann Arbor, Michigan 48103. The office hours are 9:00 a.m. until noon Monday through Friday.
Adopted: 7/7/2020 Published: 7/15/2020 Effective: 8/13/2020