People v. Gill
People v. Gill
Opinion of the Court
Defendant, a Western Michigan University student, appeals, by leave granted, from an order of the Kalamazoo County Circuit Court affirming his district court conviction for operating his motorcycle on the Western Mich
Defendant claims that his sentence was illegal because it exceeded that which defendant would have received had he pled guilty before the parking violations bureau. Had defendant done so he would have been fined $5 had he pled within 14 days, or would have been fined $10 had he pled guilty more than 14 days after the commission of the offense.
■ State college and university traffic, parking and pedestrian ordinances are authorized pursuant to state statute. The relevant statutes are MCLA 390.891; MSA 15.1120(51), MCLA 390.892; MSA 15.1120(52), and MCLA 390.893; MSA 15.1120(53). The first statute cited above permits the governing boards of state colleges and universities to enact parking, traffic and pedestrian ordinances and to provide that a violation of such ordinances is a misdemeanor punishable by a fine not to exceed $25.
"Sec. 10.3 * * * Fines collected by the court for ordinance violations shall be paid to the Treasurer of the political subdivision in which the offense is tried within thirty (30) days after collection; and costs shall be handled in the same manner as provided for costs imposed for violation of misdemeanors under state statutes.”
We hold, therefore, that where a person is
Defendant next contends that the district court lacked authority to place him on probation and to assess probation oversight fees. Again we disagree. The enabling legislation above cited
We therefore hold that one who is alleged to
Having carefully examined defendant’s remaining allegations of error we find them to be lacking in merit.
Affirmed.
"§ 15.1120(51) Parking, traffic and pedestrian ordinances; enforcement; form. Sec. 1. The governing boards of state universities and colleges may each enact parking, traffic and pedestrian ordinances for the government and control of their respective campuses and may provide that violation of such ordinance is a misdemeanor punishable by a fine of not to exceed $25.00 for each violation: Provided, That enforcement of such ordinances shall be by law enforcement officers of the state of Michigan, county, township or city wherein the violation of any such ordinance occurs. Such ordinance shall be in substantial conformity with the uniform traffic code promulgated pursuant to the provisions of Act No. 62 of the Public Acts of 1956, being sections 257.951 to 257.954 of the Compiled Laws of 1948.”
"§ 15.1120(53) Parking violations bureau; establishment; expense of operation. Sec. 3. The governing board of a state university or college may establish a parking violations bureau as an exclusive agency to accept pleas of guilty in cases of violation of any university or college parking ordinance and to collect and retain fines and costs as prescribed in such ordinance. The expense of operating the bureau shall be borne by the governing board and the personnel of the bureau shall be university or college employees.”
"§ 15.1120(52) Enforcement of violations; procedure; fines; costs. Sec. 2. Violation of such ordinances may be enforced in any court having jurisdiction over misdemeanors in the political subdivision where the violation occurs. The procedure in such court shall be governed by its ordinary rules of procedure. Appeals may be taken in the same manner as in misdemeanor cases in such court. Fines collected by the court for ordinance violations shall be paid to the treasurer of the political subdivision in which the offense is tried within 30 days after collection, and costs shall be handled in the same manner as provided for costs imposed for violation of misdemeanors under state statutes.”
MCLA 390.891; MSA 15.1120(51) and MCLA 390.892; MSA 15.1120(52).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.