Trenton City Hall: 2800 Third St. Trenton, MI 48183 | Phone: (734) 675-6500 Fax: (734) 675-4088

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CITY OF TRENTON
ORDINANCE NO. 792

AN ORDINANCE TO AMEND THE TRENTON CITY CODE BY AMENDING SECTION 6-4 REGARDING THE PURCHASE, POSSESSION OR CONSUMPTION OF ALCOHOL BY PERSONS LESS THAN 21 YEARS OF AGE, TO CONVERT THE OFFENSE FOR FIRST TIME OFFENDERS FROM A MISDEMEANOR OR TO A CIVIL INFRACTION PURSUANT TO MICHIGAN PUBLIC ACTS 357 AND 358 OF 2016 :

Section 1. Section 6-4(b) shall be amended pursuant to Michigan Public Acts 357 and 358 of 2016 to read as follows:

Sec. 6-4. Purchase, consumption or possession by underage persons; furnishing fraudulent identification to underage person

(a) In this section, the term "minor" means a person less than 21 years of age.

(b) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided by this section. It shall be an affirmative defense that a minor consumed the alcoholic liquor in a venue or location where that consumption is legal. A minor who violates subsection (1) hereunder is responsible for a civil infraction, while a minor who violates subsections 2 thru 6 herein is guilty of a misdemeanor punishable by the following fines and sanctions:

(1) For the first violation, a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code (MCL 333.6107), and designed by the state administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his own expense as described in subsection (d) of this section.

(2) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection by imprisonment for not more than 30 days, but only if the minor has been found by court to have violated an order of probation, failed to successfully complete any treatment, screening or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code (MCL 333.6107), and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his own expense as described in subsection (d) of this section.

(3) For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of this subsection, by imprisonment for not more than 60 days, but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code (MCL 333.6107), and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his own expense as described in subsection (d) of this section.

(4) For a violation of this section following a prior conviction of it or any other local ordinance substantially corresponding to MCL 436.1703, a person may be sentenced to imprisonment for not more than 30 days but only if the person has been found by the court to have violated an order of probation, failed to successfully complete any treatments, screening or community service ordered by the court, or failed to pay any fine for that conviction.

(5) For a violation of this section following two or more prior convictions of it or any other local ordinance substantially corresponding to MCL 436.1703, a person may be sentenced to imprisonment for not more than 60 days and a fine of not more than $500.00 or both, but only if the person has been found by the court to have violated an order of probation, failed to successfully complete any treatments, screening, or community service ordered by the court, or failed to pay any fine for that conviction.

(6) Upon violation of a term or condition of probation or upon the finding that the person is utilizing this section or the local ordinance of any other community substantially corresponding to this section, the court may enter an adjudication of guilt, and proceed as otherwise provided by law. There may be only one discharge or dismissal of this section as to an individual. The court shall maintain a non-public record of the matter while proceedings are deferred and the person is on probation.

Section 2. Saving Clause. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under Section 11 above shall be void from the date the modification was made.

Section 3. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance.

Section 4. Conflicting Ordinances. All prior existing ordinances adopted by the City of Trenton inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed.

Section 5. Readings. This Ordinance shall be given a first reading on December 18, 2017, shall be enacted on January 8, 2018.

ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 8th day of January, 2018.

Kyle F. Stack, Mayor                                                                                                                        Debra R. Devitt, City Clerk

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