[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
General penalty — See § 1-27.
On-duty drinking by taxicab drivers — See
Ch. 644.
STATUTORY REFERENCES
Limitations on local laws penalizing intoxication,
drunkenness or incapacitation — See MCLA § 333.6523.
Intoxicating liquors — See MCLA
§ 436.1913 et seq.
[Adopted 6-8-1998 by Ord. No. 98-010]
No person under 21 years of age shall possess or attempt to possess alcoholic liquor, or consume or attempt to consume alcoholic liquor, or purchase or attempt to purchase alcoholic liquor, except as provided in state law or § 173-4 hereof.
The Police Department, upon determining that a person under 18 years of age who is not emancipated pursuant to MCLA §§ 722.1 to 722.6 allegedly consumed, possessed, purchased or attempted to consume, possess or purchase alcoholic liquor in violation of § 173-1 hereof, shall notify the parent or parents, custodian or guardian of the person as to the nature of the violation if the name of the parent, guardian or custodian can be reasonably ascertained by the law enforcement agency. The notice required by this section shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated § 173-1 hereof is under 18 years of age and not emancipated pursuant to MCLA §§ 722.1 to 722.6. The notice may also be made by any means reasonably calculated to give prompt actual notice, including, but not limited to, notice in person, by telephone or by first-class mail. If a person under 17 years of age is incarcerated for a violation of § 173-1 hereof, his or her parents or legal guardian shall be immediately notified as provided in this section.
A.
A police officer who witnesses a violation of § 173-1 hereof may stop and detain the person for the purpose of obtaining satisfactory identification, seizing illegally possessed alcoholic liquor and issuing the person an appearance ticket.
B.
A police officer who has reasonable cause to believe
that a person under 21 years of age has consumed alcoholic liquor
may require that person to submit to a preliminary chemical breath
analysis. A police officer may arrest the person based in whole or
in part upon the results of a preliminary chemical breath analysis.
The results of a preliminary chemical breath analysis or other acceptable
blood alcohol content or bodily alcohol content test are admissible
in a criminal prosecution to determine whether a person under 21 years
of age has consumed or possessed alcoholic liquor. A person under
21 years of age who refuses to submit to a preliminary chemical breath
analysis as required in this subsection is responsible for a civil
infraction and may be ordered to pay a civil fine of not more than
$100.
C.
A court may accept a plea of guilty, by the person
under 21 years of age, of the allegations contained on the appearance
ticket and the court shall impose a fine, license suspension or other
sanctions as authorized by this section. If the person under 21 years
of age denies the allegations contained on the appearance ticket,
the court shall then set a date for a trial or hearing.
Section 173-1 hereof shall not apply to any of the following activities:
A.
The possession of alcoholic liquor by a person under
21 years of age during regular working hours and in the course of
his or her employment if employed by a person licensed pursuant to
the Liquor Control Act or the Liquor Control Commission, or by an
agent of the Liquor Control Commission, if the alcoholic liquor is
not possessed for his or her personal consumption.
B.
The consumption of alcoholic liquor by a person under
21 years of age who is enrolled in a course offered by an accredited
postsecondary educational institution in an academic building of the
institution under the supervision of a faculty member if the purpose
of the consumption is solely educational and is a necessary ingredient
of the course.
C.
The consumption by a person under 21 years of age
of sacramental wine in connection with religious services at a church,
synagogue or temple.
D.
The purchasing or receiving of alcoholic liquor by
a person under 21 years of age as part of an undercover operation
when the purchasing or receiving is under the direction of the person's
employer and with the prior approval of the City Attorney's Office,
or the Monroe County Prosecutor's Office when enforcing Michigan Compiled
Law violations, as part of an employer-sponsored internal enforcement
action.
E.
The purchasing or receiving of alcoholic liquor by
a person under 21 years of age as part of an undercover operation
and enforcement action under the direction of the Police Department,
the Liquor Control Commission or any other law enforcement agency
authorized to act within the boundaries of the City, except that any
initial or contemporaneous purchase or receipt of alcoholic liquor
by a person under 21 years of age is under the direction of the Police
Department, the Liquor Control Commission or any other law enforcement
agency authorized to act within the boundaries of the City and is
part of the undercover operation. Neither the Police Department, the
Liquor Control Commission nor any other law enforcement agency authorized
to act within the boundaries of the City shall recruit or attempt
to recruit persons under 21 years of age for participation in an undercover
operation at the scene in violation of applicable state law.
A.
Immediately upon the entry of a conviction or a probate court disposition for a violation of § 173-1 hereof, the Court shall consider all prior convictions or probate court dispositions for violations of § 173-1 hereof, MCLA § 436.33b or a law of another state substantially corresponding to § 173-1 hereof, or MCLA § 436.33b and shall impose the following sanctions:
(1)
If the Court finds that the person under 21 years of age has one such prior conviction or probate court disposition, the Court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 90 days or more than 180 days. The Court may order the Secretary of State to issue to the person a restricted license after the first 30 days of the period of suspension in the manner described in Subsection B hereof and provided for in Section 319 of Act 300 of the Public Acts of 1949, as amended, being MCLA § 257.319. In the case of a person who does not possess an operator's or chauffeur's license, the Secretary of State shall deny the application for an operator's or chauffeur's license for the applicable suspension period.
(2)
If the Court finds that the person under 21 years of age has two or more prior convictions or probate court dispositions, the Court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 180 days or more than one year. The Court may order the Secretary of State to issue to the person a restricted license after the first 60 days of the period of suspension in the manner described in Subsection B hereof and provided for in Section 319 of Act 300 of the Public Acts of 1949, as amended, being MCLA § 257.319. In the case of a person who does not possess an operator's or chauffeur's license, the Secretary of State shall deny the application for an operator's or chauffeur's license for the applicable suspension period.
B.
In those cases where a restricted license is allowed
under this subsection, the Court shall not order the Secretary of
State to issue a restricted license unless the person under 21 years
of age states under oath, and the Court finds, based upon the record
in open court, that the person is unable to take public transportation
to and from his or her work location, place of alcohol or drug education
treatment, probation department, court-ordered community service program
or educational institution, and does not have any family members or
others able to provide transportation. The court order under this
subsection and the restricted license shall indicate the work location
of the person to whom it is issued, the approved route or routes and
permitted times of travel, and shall permit the person to whom it
is issued to do one or more of the following:
(1)
Drive to and from the person's residence and work
location. As used herein, "work location" means, as applicable, either
the specific place or places of employment, or the territory or territories
regularly visited by the person in pursuance of the person's occupation,
or both.
(2)
Drive in the course of the person's employment or
occupation.
(3)
Drive to and from the person's residence and an alcohol
or drug education or treatment program as ordered by the Court.
(4)
Drive to and from the person's residence and the court
probation department, or a court-ordered community service program,
or both.
(5)
Drive to and from the person's residence and an educational
institution at which the person is enrolled as a student.
C.
If license sanctions are imposed, immediately upon the entry of a court-ordered sanction pursuant to Subsection A hereof, the Court shall order the person convicted of the violation to surrender to the Court his or her operator's or chauffeur's license. The Court shall immediately forward a notice of the court-ordered license sanctions to the Secretary of State. If the license is not forwarded to the Secretary of State, an explanation of the reason why the license is absent shall be attached. If the finding is appealed to the Circuit Court, the Court may, ex parte, order the Secretary of State to stay the suspension issued pursuant to this section pending the outcome of the appeal. Immediately following the imposition of the sanction, the Court shall forward a notice to the Secretary of State indicating the sanction imposed.
D.
As used in this subsection, "Probate Court disposition"
means an order of disposition of the Probate Court or the Family Division
of the Circuit Court for a child found to be within the provisions
of Chapter XIIA of Act 288 of the Public Acts of 1939, as amended,
being MCLA §§ 712A.1 to 712A.32.
[Amended 3-19-2001 by Ord. No. 01-005]
Except as otherwise provided, a person under
21 years of age who violates this article is guilty of a misdemeanor
and shall be subject to the following fines, sanctions and provisions:
A.
For a first violation of this article, a fine of not
more than $100. In addition, the person may be ordered to:
(1)
Undergo substance abuse screening and assessment at his or her own expense, as provided in Subsection D hereof.
(2)
Participate in substance abuse prevention or substance
abuse treatment and rehabilitation services as defined in § 6107
of the Michigan Public Health Code, Act 368 of the Public Acts of
1978, as amended, being MCLA § 333.6107, and designated
by the administrator of substance abuse services.
(3)
Perform community service, which may include picking
up refuse and litter in the City under the direction of the Department
of Parks and Recreation or the Department of Public Services.
B.
For a violation of this article following a prior
conviction or juvenile adjudication for a violation of this article,
MCLA § 436.1703, Section 33b(1) of former 1933 (Ex Sess)
PA 8, or the laws and/or ordinances of another state or municipality
that substantially correspond to this article, MCLA § 436.1703
or Section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more
than $200. In addition, the person:
(1)
May be ordered to undergo substance abuse screening and assessment at his or her own expense, as provided in Subsection D hereof.
(2)
May be ordered to participate in substance abuse prevention
or substance abuse treatment and rehabilitation services as defined
in Section 6107 of Act 368 of the Public Acts of 1978, as amended,
and designated by the administrator of substance abuse services.
(3)
May be ordered to perform community service, which
may include picking up refuse and litter in the City under the direction
of the Department of Parks and Recreation or the Department of Public
Services.
C.
For a violation of this article following 2 or more
prior convictions or juvenile adjudications for a violation of this
article, MCLA § 436.1703, Section 33b(1) of former 1933
(Ex Sess) PA 8, or the laws and/or ordinances of another state or
municipality that substantially corresponds to this article, MCLA
§ 436.1703 or Section 33b(1) of former 1933 (Ex Sess) PA
8, a fine of not more than $500. In addition, the person:
(1)
May be ordered to undergo substance abuse screening and assessment at his or her own expense, as provided in Subsection D hereof.
(2)
May be ordered to participate in substance abuse prevention
or substance abuse treatment and rehabilitation services, as defined
in Section 6107 of Act 368 of the Public Acts of 1978, as amended,
and designated by the administrator of substance abuse services.
(3)
May be ordered to perform community service, which
may include picking up refuse and litter in the City under the direction
of the Department of Parks and Recreation or the Department of Public
Services.
D.
The Court may order a person under 21 years of age
who is found violating this article to undergo screening and assessment
by a person or agency as designated by the substance abuse coordinating
agency, as defined in Section 6103 of Act 368 of the Public Acts of
1978, as amended, being MCLA § 333.6103, in order to determine
whether the person is likely to benefit from rehabilitative services,
including alcohol or drug education and alcohol or drug treatment
programs.
