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01/27/76 PEOPLE v. POUCHER (CITY ADRIAN V. POUCHER)

January 27, 1976

PEOPLE
v.
POUCHER; (CITY OF ADRIAN V. POUCHER)



Appeal from Lenawee, Rex B. Martin, J.

Leave to appeal applied for.

McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Constitutional Law -- Statutes -- Legislature -- Exercise of Police Power.

The primary determination of public need and character of remedy in the exercise of the police power of the state is in the Legislature, and its statutes must be sustained unless the remedy is palpably unreasonable and arbitrary so as to needlessly invade property or personal rights as protected by the Constitution.

2. Constitutional Law -- Statutes -- Validity of Statutes -- Relation to Public Welfare.

A statute is presumed to be constitutional, and, if the relation between the statute and the public welfare is debatable, the statute must be accepted as valid.

3. Constitutional Law -- Ordinances -- Validity of Legislation -- Motorcyclists -- Crash Helmets -- Uniform Traffic Code.

An ordinance which requires motorcyclists to wear crash helmets is a constitutionally valid exercise of the police power, and should be upheld in the absence of evidence which would overcome the presumption that the legislation is valid and absent any showing that the legislation affronts any of the constitutionally protected rights of a person charged with violation of the ordinance (Uniform Traffic Code, § 6.23).

The opinion of the court was delivered by: Per Curiam

Glenn W. Poucher was cited for not wearing a crash helmet while operating a motorcycle, in violation of an ordinance of the City of Adrian. The district court quashed the summons. On appeal the circuit court affirmed. The city appeals by leave granted.

On June 14, 1974, defendant was cited by the Adrian City Police Department for not wearing a crash helmet while operating a motorcycle, a violation of a city ordinance. Defendant moved to quash the summons on the grounds that the ordinance is unconstitutional. The trial court held the ordinance unconstitutional basing its decision on our opinion in American Motorcycle Association v Department of State Police, 11 Mich App 351; 158 NW2d 72 (1968).

On January 23, 1975, the circuit court for the County of Lenawee affirmed the district court. We granted ...


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