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Orion Township


ADOPTION OF ORDINANCE 144 STATE VEHICLE CODE SUPER DRUNK



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January 08, 2014 - NOTICE

CHARTER TOWNSHIP OF ORION

ADOPTION OF ORDINANCE 144 STATE VEHICLE CODE SUPER DRUNK

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, January 6, 2014, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance 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 ORION OrdainS:

SECTION 1 of Ordinance

This Ordinance shall be known as and may be cited as the "High BAC Amendment" to the 2000 Motor Vehicle Code Ordinance.

SECTION 2 of Ordinance

This is an ordinance 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 of Ordinance

ADOPTION BY REFERENCE. Ordinance 144 shall read as follows:

Michigan Vehicle Code Adopted.

A. The Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, as amended, is hereby adopted by reference. MCL 257.625(1)(C) of the Vehicle Code is specifically adopted by reference, pursuant to Public Act 8 of 2012."

B. Penalty. The penalties provided by the Michigan Vehicle Code are adopted by reference. The Township may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days; provided, however, that a violation of MCL 625(1)(C) is punishable by one or more of the following:

(i) Community service of 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 4 of Ordinance

Severability. If any Section, subsection, clause, phrase or portion 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 independent portion of this ordinance, and such holding shall not affect the validity of the remaining portions of this ordinance.

SECTION 5 of Ordinance

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 6 of Ordinance

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 7 of Ordinance

EFFECTIVE DATE. This ordinance shall take effect ten (10) days after the final passage thereof.

This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 6th day of January, 2014, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 01.08.14

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