Ordinance No. 51-B

TOWNSHIP OF SPRING ARBOR
AN ORDINANCE TO REGULATE THE POSSESSION AND/OR CONSUMPTION OF ALCOHOL BY MINORS

At a regular meeting of the Township Board of the Township of Spring Arbor, County of Jackson, State of Michigan, held in the Township Hall on the _nthday of October , 1997, at 7:30 p.m., the following Ordinance was heard and passed:

THE TOWNSHIP OF SPRING ARBOR ORDAINS:

Section 1. Preamble
This Ordinance is a police power Ordinance adopted by the Township of Spring Arbor to preserve the public health, safety and morals of the community by regulating the
possession and/or consumption of alcohol by persons who have not reached the age of emancipation.

Section 2. Minor
"Minor" means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to Michigan Compiled Laws, Section 436.33 (b), as the same may be amended from time to time.

Section 3. Violation
a. Any minor possessing and/or consuming alcohol within the Township of Spring Arbor is in violation of this Ordinance, and is guilty of a misdemeanor. This Ordinance does not apply to minors who are exempt from prohibitions against possession and/or consumption of
alcohol by reason of any State Statute.
b. Any minor, whether he be the driver or passenger who is in a motor vehicle containing open intoxicants shall be deemed in violation of this Ordinance.
c. Any minor transporting or possessing alcohol in a motor vehicle shall be deemed in violation of this Ordinance.
d. Any minor using a fraudulent identification to purchase or attempt to purchase an alcoholic beverage or intoxicating liquor shall be deemed
in violation of this Ordinance.
e. Any minor attempting to purchase, consume or possess alcoholic liquor or purchasing, consuming or possessing alcoholic liquor shall be
deemed in violation of this Ordinance.

Section 4. Penalty
A violation of this Ordinance constitutes a misdemeanor and is punishable by a fine not to exceed Five Hundred ($500.00) Dollars and/or ninety (90) days in the County jail. Providing further, that where a State Statute specifically sets forth a different fine, and/or possible jail sentence a person convicted under this Ordinance shall not be subject to any fine and/or jail sentence greater than that imposed by State law. Providing further, that where State Statute specifically defines a violation occurring under this Ordinance as a civil infraction the same shall be deemed a civil infraction under this Ordinance.

Section 5. Severability
Should any section, subsection, clause or phrase of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so invalidated.

Section 6. Effective Date
This Ordinance shall be published in the manner provided by law and shall take effect thirty (30) days after publication.
MEMBERS PRESENT: Goldsmith, DeVries, Melchiori, Fortress, Ganton, Short, Videto
MEMBERS ABSENT: None
AYES: Goldsmith, DeVries, Melchiori, Fortress, Ganton, Short, Videto
NAYS: None

Adopted: October 13, 1997 Effective: November 29, 1997