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File #: 12-0393    Version: 1 Name: 4/2/12 .17 BAC Amendment, Chapter 126 City Code
Type: Ordinance Status: Passed
File created: 4/2/2012 In control: City Council
On agenda: 4/16/2012 Final action: 4/16/2012
Enactment date: 4/2/2012 Enactment #: ORD-12-07
Title: An Ordinance to Amend Section 10:1a, to Add a New Section 10:1b and to Renumber Current Section 10:1b of Chapter 126, Traffic, of Title X of the Code of the City of Ann Arbor (Ordinance No. ORD-12-07)
Code sections: Chapter 126 - Traffic Code
Attachments: 1. 12-07 Briefed and Approved, 2. 12-07 Briefed, 3. BAC Ord Amendment.pdf, 4. 12-07 Approval Notice
Title
An Ordinance to Amend Section 10:1a, to Add a New Section 10:1b and to Renumber Current Section 10:1b of Chapter 126, Traffic, of Title X of the Code of the City of Ann Arbor (Ordinance No. ORD-12-07)
Memorandum
The attached ordinance amendment adds a new section 10:1b to Chapter 126 (Traffic) in order to adopt the provision of the Michigan vehicle code (MVC) that makes it a separate crime to operate a motor vehicle with a bodily alcohol content (BAC) of .17 or more. Presently, the City is able to charge only: (1) operating while visibly impaired (less than .08 BAC); or (2) operating while intoxicated (OWI with a .08 BAC or more).

The legislature added the charge of OWI with a .17 BAC or more to the MVC in 2010 (thus, .08 or more is now OWI with .08 to .16), with a maximum penalty of a fine of $700 and/or 180 days jail. However, the City was unable to bring charges under the new provision because Home Rule cities, like Ann Arbor, are limited to imposing maximum penalties of $500 and/or 93 days.

In February of this year, the legislature amended the Home Rules Cities Act for the sole purpose of allowing cities to bring charges for operating with a .17 BAC and impose the 180 days/$700 penalty for this charge only. Although the City has already adopted the MVC, in order to be able to bring a charge for OWI with a .17 BAC or more, it is necessary to pass an ordinance amendment that contains the language in the ordinance amendment now presented to you and recommended for your approval.
Staff
Prepared by: Kristen Larcom, Senior Assistant City Attorney
Approved by: Steven D. Powers, City Administrator
Body
ORDINANCE NO. ORD-12-07
First Reading: April 2, 2012 Published: April 18, 2012
Public Hearing: April 16, 2012 Effective: April 28, 2012

TRAFFIC
An Ordinance to Amend Section 10:1a, to Add a New Section 10:1b and to Renumber the Current Section 10:1b of Chapter 126, Traffic, of Title X of the Code of the City of Ann Arbor.
The City of Ann Arbor...

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