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AMENDMENT TO ORDINANCE NO. 129 MINOR IN POSSESSION



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April 20, 2011 - NOTICE

CHARTER TOWNSHIP OF ORION

ADOPTION OF ORDINANCE 129-1

AMENDMENT TO ORDINANCE NO. 129 MINOR IN POSSESSION

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 18, 2011, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance to amend Ordinance No. 129, Minor in Possession, for the Charter Township of Orion, Michigan; changing the text in Article III, for the purpose of amending provisions relating to minor in possession preliminary chemical analysis/test; providing for penalties; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.

The CHARTER Township of ORION OrdainS:

SECTION 1 of Ordinance

Article III, Section 2 of Ordinance No. 129 shall be amended by placing the hereinafter described language in the Section as follows:

Section 2 - Persons Under 21. Unlawful Purchase, Consumption or Possession; Use of Fraudulent Identification; Suspension of Operator's or Chauffeur's License; Penalties

* * *

F. A peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may request the person to submit to a preliminary chemical breath analysis/test. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis/test. The results of a preliminary chemical breath analysis/test or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the person less than 21 years of age has consumed or possessed alcoholic liquor.

* * *

SECTION 2 of Ordinance

Article III, Section 4 is amended as follows:

Section 4 - Penalties

Unless other penalties are specifically provided for in this Ordinance, which other penalties shall specifically apply to violations of this Ordinance to which they pertain, any person who shall be convicted of violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished in accordance with this Ordinance, with a fine not to exceed Five Hundred Dollars ($500) and/or imprisonment in the Oakland County Jail not to exceed ninety (90) days, or both said fine and/or imprisonment in the Court's discretion, plus costs of prosecution.

SECTION 3 of Ordinance

ARTICLE IV - REPEALER; SEVERABILITY; SAVINGS CLAUSE; EFFECTIVE DATE; ADOPTION

Section 1 - 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 2 - Severability

The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

Section 3 - 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 when they were commenced.

Section 4 - Effective Date

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, and shall become effective as provided by law.

Section 5 - Adoption

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 18th day of April, 2011, 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: 04.20.11

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