(a) No person under 21 years of age shall knowingly transport or possess, in a motor vehicle, any alcoholic liquor, unless such person is employed by a licensee, licensed under M.C.L.A. §§ 436.1101 et seq., as amended, and is possessing, transporting or having such alcoholic liquor in a motor vehicle under the person’s control during regular working hours and in the course of the person’s employment.
(b) Within 30 days after the conviction of any person for a violation of division (a) above, which conviction has become final, a complaint may be made by the arresting officer, or by that officer’s superior, before the Court from which the warrant was issued, which complaint shall be under oath, shall contain a description of the motor vehicle in which alcoholic liquor was possessed or transported by a person under 21 years of age in committing the offense, and shall pray that the motor vehicle be impounded as provided for 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 a 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 of the motor vehicle not less than three full days before the date of such 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 § 403 of the Michigan Vehicle Code, Public Act 300 of 1949, as amended, being M.C.L.A. § 257.403.
(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 any person under 21 years of age with the express or implied consent or knowledge of the owner, or 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 business, the Court shall 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. Appeal shall lie from the order to the Circuit Court of the County and the provisions governing the taking of appeals from judgment for damages shall be applicable to the appeal. This division (c) shall not prevent any bona fide lienholder from exercising rights under a lien.
(d) No person shall knowingly transfer title to a motor vehicle for the purpose of avoiding the provisions of this section.
(Ord. 228-1, passed 4-7-1993)