§ 33-151.15. Adoption or enforcement of inconsistent ordinance or resolutions; disposition of fines for operation of vehicles with serious safety defects; issuance of multiple citations within twenty-four-hour period for violation of provisions substantially corresponding to MCL 257.683 to MCL 257.725a; dismissal of city citations upon production of proof of repair of equipment violations; requirements for classification as motor carrier enforcement officer.

(a)

This article shall not be amended by the City of Owosso to adopt or enforce provisions which are inconsistent with the Motor Carrier Safety Act, being MCL 480.11 et seq. As used in this section, "inconsistent means a provision or rule that is more permissive or more restrictive than the Motor Carrier Safety Act, or that would require more action, equipment, or permits than required by the Motor Carrier Safety Act, or that prevents or obstructs compliance with the Motor Carrier Safety Act.

(b)

The fine for operating a vehicle with a serious safety defect, which is ordered to be paid under this article or a resolution adopted by the City of Owosso that is consistent with section 33-151.9, shall be paid as follows:

(1)

Seventy (70) percent to the City of Owosso.

(2)

Thirty (30) percent for library purposes, as provided by law.

(c)

Subsection 33-151.14(b) does not apply to a fine ordered to be paid for a case in which the citation is dismissed, as set forth below.

(d)

The owner or operator of a commercial motor vehicle shall not be issued more than one (1) citation for each violation of the provisions of this article regulating the operation of a commercial motor vehicle and substantially corresponding to 683 to 725a of the Michigan Vehicle Code, 1949 PA 300, MCL 257.683 to MCL 257.725a, within a twenty-four-hour period. If the owner or operator of a commercial motor vehicle is issued a citation by the City of Owosso for an equipment violation that does not result in the vehicle being placed out of service, the court shall dismiss the citation if the owner or operator of that commercial motor vehicle provides written proof of the court within fourteen (14) days after the citation is issued showing that the defective equipment indicated in the citation has been repaired.

(e)

In order to be classified as a motor carrier enforcement officer, an Owosso police officer must have training equal to the minimum training requirements, including any annual training updates, established by the Michigan Department of State Police for an officer of the motor carrier division of the Michigan Department of State Police. A police officer who has received training equal to these minimum training requirements before the effective date of this article is considered a motor carrier enforcement officer for purposes of the Michigan Motor Carrier Safety Act and this article.

(Ord. No. 746, § 3, 9-3-13)