330.1286 Adoption of local law, ordinance, resolution, or rule.

221 words·~1 min read·/mi/chapter-330/330-1286

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 286.

(1)A city, county, township, or village shall not adopt or enforce a local law, ordinance, resolution, rule, or portion of a local law, ordinance, resolution, or rule that has the force of law and that imposes a civil or criminal penalty for public intoxication or being incapacitated, except as provided in subsection

(3)or (4).

(2)A local unit of government shall not interpret or apply any law of general application to circumvent subsection (1).

(3)This section and sections 276 to 285 do not affect a law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or other drugs, or other similar offense involving the operation of a vehicle, snowmobile, aircraft, vessel, machinery, or other equipment, or motorized conveyance, or regarding the sale, purchase, dispensing, possession, transportation, consumption, or use of alcoholic beverages or other drugs at stated times and places, or by a particular class of individuals.

(4)This section and sections 276 to 285 do not prohibit a local unit of government from adopting an ordinance consistent with section 167 of the Michigan penal code, 1931 PA 328, MCL 750.167.

History: Add. 2012, Act 500 , Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200 , Imd. Eff. June 24, 2014