­NOTICE IS HEREBY GIVEN that at its regular meeting on February 19, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the second reading and adoption of an ordinance to amend certain provisions of the Independence Charter Township Code.

The following is a summary as prepared by Peter M. Keenan, Charter Township of Independence attorney of Ordinance No. 2019-30-002, as adopted on February 19, 2019. The ordinance applies to offenses concerning minors’ use, purchase and possession of tobacco and/or vapor products, and is appropriate and necessary for the health, safety and welfare of citizens of the Township.

A true copy of this Ordinance is on file and available for inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Independence Township’s Clerk’s Office, 6483 Waldon Ctr. Dr., Clarkston, MI 48346 and available on the Township’s website at: www.indtwp.com.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-30-002

In the Ordinance, the Township ordains as follows:

SHORT TITLE

Section 1 states the Ordinance shall be known as the “Tobacco and Vapor Product” Ordinance.

AMENDMENT TO CHAPTER 30

Section 2 provides that Chapter 30 of the Code of Ordinances (Offenses) Article VIII (Offenses Concerning Minors) Division I (Generally), Section 30-221, previously reserved, is amended and replaced by adding a new Section 30-221 Tobacco and Vapor Products.

SCOPE AND APPLICATION OF NEW SECTION 30-221

The terms and provisions of Amended Section 30-221 address the following:   Definitions; Prohibited Conduct by Minors, Penalties and Sanctions, Law Enforcement and Employment Exemptions; Sale of Individual Cigarette and Penalties for Violation; Furnishing to Minors, Penalties, Retail Sign Posting, Affirmative Defenses and Rebuttal, Employment Exemption, Age Verification.

The addition of amended Section 30-221 references State Law MCL 722.641 et seq., as amended.  The ordinance does not limit remedies available to the Township for violation of Section 30-221.

Definitions

Subsection (a) provides the meaning of certain words and phrases integral to the ordinance.

Prohibited Conduct by Minors

Subsection (b) states a minor shall not (or attempt to), purchase, possess a tobacco or vapor product or use same in a public place, nor present to an individual false identification of age for those purposes.

Penalties

Subsection (c) provides civil and criminal sanctions for violations by minors of subsection (b).

Exemptions

Subsection (d) provides a minor during employment obtaining a tobacco or vapor product for compliance checks and/or undercover operations directed by law enforcement is not subject to penalties.

Employment

Subsection (e) states a minor required in the course of employment to handle or transport a tobacco or vapor product is not subject to sanctions.

Sale of Individual Cigarettes

Subsection (f) provides criminal penalty for certain retail sale of cigarettes separate from package.

Furnishing To Minors

Subsection (g)(1) provides sale or furnishing a tobacco or vapor product to a minor is a misdemeanor.

Subsections (g)(2), (3), and (4) state sign requirements for retail sale of tobacco and vapor products.

Subsections (g)(5) and (6) address affirmative defenses and prosecution rebuttal to charged retail sale violations.

Subsection (g)(7) exempts the handling or transportation of tobacco, vapor products by a minor under terms of employment.

Subsection (8) requires age verification for the sale, giving or furnishing a vapor product.

Section 3. BALANCE OF ORDINANCE REMAINS IN EFFECT.

Chapter 30 Article VIII of the Independence Code of Ordinances is hereby affirmed and remains in full force and effect, except as specifically modified herein.

Section 4. SEVERABILITY.

If any subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance.

Section 5. SAVINGS.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Section 6. REPEALER.

All ordinances or parts of ordinances or Sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 7.  EFFECTIVE DATE.

This Ordinance shall be effective upon publication in the manner prescribed by law.

Section 8. ENACTMENT.

This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on February 19, 2019, and ordered to be given publication in the manner prescribed by law.

Ayes:   Loughrin, Ritchie, Tedder, Pallotta, Brown, Aliaga

Nays:  None

Abstentions:  None

Absent:  Kittle

STATE OF MICHIGAN           )

) ss.

COUNTY OF OAKLAND         )

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on February 19, 2019, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Clerk

Introduced: February 5, 2019

Published:  February 13, 2019-Clarkston News

Adopted:    February 19, 2019

Published:  February 27, 2019-Clarkston News

Effective:             February 27, 2019