§ 74-323. Transportation by minors; impoundment of vehicle.

(a)

No person, upon a highway of this city or any place open to the general public or generally accessible to motor vehicles, including areas designated for the parking of vehicles, shall, while under the age of 21 years, knowingly transport or possess, in a motor vehicle alcoholic liquor unless the person is employed by a licensee under Act No. 8 of the Public Acts of Michigan of 1933, Extra Session (MCL 436.1 et seq., MSA 18.971 et seq.), as amended, the liquor control commission, or an agent of the liquor control commission and is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment. A person who violates this subsection is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense. This section does not prevent a person less than 21 years of age from knowingly transporting alcoholic liquor in a motor vehicle if a person at least 21 years of age is present inside the motor vehicle and is aware of the presence of alcoholic liquor in the motor vehicle.

(b)

Within 30 days after the conviction of a person for the violation of subsection (a) of this section, which conviction has become final, complaint may be made by the arresting officer or the officer's superior before the court from which the warrant was issued, which complaint shall be under oath and shall contain a description of the motor vehicle in which alcoholic liquor was possessed or transported by the person less than 21 years of age in committing the offense and praying that the motor vehicle be impounded as provided in this section. Upon the filing of the complaint the court shall issue an order to the owner of the motor vehicle to show cause why the motor vehicle shall not be impounded. The order to show cause shall have a date and time fixed in the order for a hearing, which date shall not be less than ten days after the issuance of the order and shall be served by delivering a true copy to the owner not less than three full days before the date of hearing or, if the owner cannot be located, by sending a true copy by certified mail to the last known address of the owner. If the owner is a nonresident of the state, service may be made upon the secretary of state as provided in section 403 of Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.403, MSA 9.2103), as amended.

(c)

If the court determines upon the hearing of the order to show cause, from competent and relevant evidence, that at the time of the commission of the offense the motor vehicle was being driven by the person less than 21 years of age with the express or implied consent or knowledge of the owner, and that the use of the motor vehicle is not needed by the owner in the direct pursuit of the owner's employment or the actual operation of the owner's employment business, the court may authorize the impounding of the vehicle for a period to be determined by the court, of not less than 15 days nor more than 30 days. The court's order authorizing the impounding of the vehicle shall authorize a law enforcement officer to take possession without other process of the motor vehicle wherever located and to store the vehicle in a public or private garage at the expense and risk of the owner of the vehicle. The owner of the vehicle may appeal the order to the circuit court of the county, and the provisions governing the taking of appeals from judgments for damages shall be applicable to the appeal. This section shall not prevent a bona fide lienholder from exercising rights under a lien.

(d)

No person shall knowingly transfers title to a motor vehicle for the purpose of avoiding this section is guilty of a misdemeanor.

(e)

Immediately upon the entry of a conviction or a probate court order of disposition for a violation of subsection (a), the court shall consider all prior convictions for a violation of subsection (a), MCL 257.624b or MCL 257.624a, or a local ordinance or law of another state substantially corresponding to this section, and the court shall do one of the following:

(1)

If the court finds that the person has one such prior conviction, 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 and not 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 the suspension in the manner provided for in MCL 257.319(7). 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 has two or more such prior convictions, 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 and not 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 the suspension in the manner provided for in MCL 257.319(7). 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.

(f)

A law enforcement agency, upon determining that a person less than 18 years of age allegedly violated this section, shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated this section is less than 18 years of age and may be made in person, by telephone, or by first-class mail.

(Code 1963, § 9.102(40a); Ord. No. 1654, 9-8-97)