August 15, 2012 - AMENDING ORDINANCE #146-12
AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF ORDINANCES CHARTER TOWNSHIP OF BRANDON, OAKLAND COUNTY, MICHIGAN, CHAPTER 40, ARTICLE ll (TRAFFIC CODE) SEC. 40-19, TO ADOPT SECTION 625 (1)© 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 BRANDON, OAKLAND COUNTY, MICHIGAN 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 40 of the Code of the Charter Township of Brandon, "Traffic and Vehicles", at Article ll, "Traffic Code", Sec. 40-19, to adopt Section 625(1)© 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 40-19. Chapter 40 Article ll (Traffic Code) Section 40-19 of the Code of Ordinances, Charter Township of Brandon, Oakland County, Michigan is herby amended to create and add new Section 49-19 (D), which Section shall read as follows:
"Section 40-19(D). Operating While Intoxicated (BAC .17 or more).
Section 625(1)© 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 40-19 ©. Chapter 40 Article ll (Traffic Code), Section 40-19 © of the Code of Ordinances, Charter Township of Brandon, Oakland County, Michigan is amended to read as follows:
"Section 40-19 ©. Penalties.
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)© 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 Brandon 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 Brandon immediately upon its Publication, August 11, 2012.
The forgoing Ordinance was duly adopted by the Board of Trustees of the Charter Township of Brandon at its regular meeting called and held on the 30th day of July, 2012 and was ordered to be given publication in the manner required by law.
B. Jean McCreery, CMC
Charter Township of Brandon
The full Code of Ordinances can be viewed at the Clerk's office at 395 Mill Street, Ortonville, MI 48462.
Posted by B. Jean McCreery, CMC, Brandon Township Clerk, 395 Mill Street, PO Box 929, Ortonville, Mi. 48462.
Publish in The Citizen 8-11-12