Source: Sherman Publications

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Orion Township
amend Ordinance No. 129, Minor in Possession

April 06, 2011

NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION

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, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt 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

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F. A peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may require 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 accessible 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. A person less than 21 years of age who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a civil infraction and may be ordered to pay civil fines of not more than One Hundred Dollars ($100).

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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. Refusal to submit to a preliminary chemical breath test analysis shall be a civil infraction, with a fine not to exceed One Hundred Dollars ($100).

SECTION 3 of Ordinance

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

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

If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal, or ineffective by any Court of competent jurisdiction, such section, clause, or provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect. 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 a newspaper of general circulation in the Charter Township of Orion, and shall become effective upon publication, 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, 20112nd day of July, 2001, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Publish: 04.06.11 Charter Township of Orion