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Independence Township


"High BAC Amendment" to the Motor Vehicle Code Ordinance.



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June 27, 2012 - NOTICE IS HEREBY GIVEN that at its Regular Meeting on June 19, 2012, the Charter Township of Independence Board of Trustees approved a First Reading of an Ordinance to Amend Certain Provisions of the Charter Township Code, as follows:

ORDINANCE # 2012 - ________

AN ORDINANCE TO AMEND CHAPTER 46 OF THE CODE OF ORDINANCES CHARTER TOWNSHIP OF INDEPENDENCE, OAKLAND COUNTY CHAPTER 46, ARTICLE II (TRAFFIC CODE) DIVISION III (MICHIGAN VEHICLE CODE), TO ADOPT SECTION 625(1)(c) OF THE MICHIGAN VEHICLE CODE BY REFERENCE AND TO PROVIDE PENALTIES FOR A VIOLATION OF THAT SECTION, PURSUANT TO PUBLIC ACT 8 OF 2012

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. SHORT TITLE. This Ordinance shall be known as and may be cited as the "High BAC Amendment" to the Motor Vehicle Code Ordinance.

Section 2. STATEMENT OF PURPOSE. This is an ordinance to amend Chapter 46 of the Code of the Charter Township of Independence, "Traffic and Vehicles", at Article II, Division III "Michigan Vehicle Code", to adopt Section 625(1)(c) of the Michigan Vehicle Code by reference and to provide penalties for a violation of that Section, pursuant to Public Act 8 of 2012.

Section 3. AMENDMENT TO SECTION 46-80. Section 48-80 of the Code of the Charter Township of Independence, Article II "Traffic Code", Division III "Michigan Vehicle Code" previously reserved, is hereby replaced and new Section 46-80 is hereby added, which Section shall read as follows:

"Section 46-80. Operating While Intoxicated (BAC .17 or more).

Section 625(1)(c) of the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 et seq is hereby adopted by reference as an Ordinance of the Township pursuant to Public Act 8 of 2012. State law reference (MCL 257.1 et seq) as amended; (MCL 42.21) as amended."

Section 4. AMENDMENT TO SECTION 46-78. Section 46-78 of the Code of the Charter Township of Independence, Article II "Traffic Code", Division III "Michigan Vehicle Code", is hereby amended to replace Section 46-78, which Section shall read as follows:

"Section 46-78. Limitations.

Violations of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days and/or fine is greater than $500.00 shall not be enforced by the Township as an ordinance violation; provided however, that a violation of MCL 257.625(1)(c) is punishable by one or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 180 days.

(iii) A fine of not less than $200.00 or more than $700.00."

Section 5. SEVERABILITY. If any Section, subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independence portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance.

Section 6. SAVINGS. All 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 in force when they are commenced.

Section 7. 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 8. NOTICE TO BE PUBLISHED. The Township Clerk for the Charter Township of Independence shall publish this ordinance in the manner required by MCL 42.22

Effective Date: This Ordinance section will be in effect as an Ordinance of the Charter Township of Independence immediately upon its Publication.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Township Clerk

Published: June 27, 2012

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