(A) Unlawful acts. It shall be unlawful and punishable as provided herein, for any minor to possess and/or consume alcoholic liquor.
(B) Definition of minor. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MINOR. Any person who has not yet reached the age of 21 years.
(C) Violation.
(1) Any minor who possesses or consumes alcoholic liquor within the township is in violation of this section, and is guilty of a misdemeanor.
(2) Any minor, whether he or she is the driver or a passenger, in a motor vehicle containing open containers of alcoholic liquor is in violation of this section.
(3) Any minor who transports, possesses or consumes alcoholic liquor in a motor vehicle is in violation of this section.
(4) Any minor who uses fraudulent identification to purchase, or attempt to purchase, alcoholic liquor is in violation of this section.
(5) Any minor who purchases, or attempts to purchase, alcoholic liquor is in violation of this section.
(D) Possession by consumption.
(1) A police officer who has reasonable cause to believe a minor has consumed alcoholic liquor may require the minor to submit to a preliminary chemical breath analysis. A police officer may arrest in whole or in part based upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol tests are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor.
(2) Any minor who is deemed, by a police officer, to have consumed alcohol as set forth in division (D)(1) above, is in violation of this section.
(E) Preliminary breath test analysis. A minor who refuses to submit to a preliminary breath test analysis at the request of a public safety officer, or as required in division (D)(1) above, is in violation of this section.
(Ord. 172, passed 7-8-2002) Penalty, see § 131.99