Bill Text: MI HB5679 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Cities; home rule; definition of public nudity; clarify that it does not include breastfeeding or expressing of breast milk. Amends sec. 4i of 1909 PA 279 (MCL 117.4i). TIE BAR WITH: HB 5678'14, HB 5680'14, HB 5681'14

Spectrum: Strong Partisan Bill (Republican 26-2)

Status: (Introduced - Dead) 2014-12-02 - Referred To Committee On Local Government And Elections [HB5679 Detail]

Download: Michigan-2013-HB5679-Engrossed.html

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HB-5679, As Passed House, November 13, 2014

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5679

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1909 PA 279, entitled

 

"The home rule city act,"

 

by amending section 4i (MCL 117.4i), as amended by 2014 PA 183.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4i. Each city may provide in its charter for 1 or more of

 

the following:

 

     (a) Laying and collecting rents, tolls, and excises.

 

     (b) Regulating and restricting the locations of oil and

 

gasoline stations.

 

     (c) The establishment of districts or zones within which the

 

use of land and structures, the height, area, size, and location of

 

buildings, the required open spaces for light and ventilation of

 

buildings, and the density of population may be regulated by

 

ordinance. The zoning ordinance provisions applicable to 1 or more

 

districts may differ from those applicable to other districts. If a

 

city is incorporated, or if territory is annexed to a city

 

incorporated under this act, the zoning ordinance provisions

 

applicable to the territory within the newly incorporated city or

 

the annexed territory shall remain in effect for 2 years after the

 

incorporation or annexation unless the legislative body of the city

 

lawfully adopts other zoning ordinance provisions.

 

     (d) The regulation of trades, occupations, and amusements

 

within city boundaries, if the regulations are not inconsistent

 

with state or federal law, and the prohibition of trades,

 

occupations, and amusements that are detrimental to the health,

 

morals, or welfare of the inhabitants of that city.

 

     (e) The regulation or prohibition of public nudity within city

 

boundaries. As used in this subdivision, "public nudity" means

 

knowingly or intentionally displaying in a public place, or for

 

payment or promise of payment by any person including, but not

 

limited to, payment or promise of payment of an admission fee, any

 

individual's genitals or anus with less than a fully opaque

 

covering or a female individual's breast with less than a fully

 

opaque covering of the nipple and areola. Public nudity does not

 

include any of the following:

 

     (i) A woman's breastfeeding of a baby or expressing breast milk

 

regardless of whether or not the her nipple or areola is exposed

 

visible during or incidental to the feeding.breastfeeding or

 

expressing of breast milk.

 

     (ii) Material as defined in section 2 of 1984 PA 343, MCL

 

752.362.

 

     (iii) Sexually explicit visual material as defined in section 3

 

of 1978 PA 33, MCL 722.673.

 

     (f) Licensing, regulating, restricting, and limiting the

 

number and locations of billboards within the city.

 

     (g) The initiative and referendum on all matters within the

 

scope of the powers of that city and the recall of city officials.

 

     (h) A system of civil service for city employees, including

 

employees of that city's board of health, and employees of any jail

 

operated or maintained by the city. Charter provisions providing

 

for a system of civil service for employees of a local health board

 

are valid and effective.

 

     (i) Subject to section 4p, a system of compensation for city

 

employees and for the dependents of city employees in the case of

 

disability, injury, or death of city employees.

 

     (j) The enforcement of police, sanitary, and other ordinances

 

that are not in conflict with the general laws.

 

     (k) The punishment of persons who violate city ordinances

 

other than ordinances described in section 4l. The penalty for a

 

violation of such a city ordinance shall not exceed a fine of

 

$500.00 or imprisonment for 90 days, or both. However, unless

 

otherwise provided by law, the ordinance may provide that a

 

violation of the ordinance is punishable by imprisonment for not

 

more than 93 days or a fine of not more than $500.00, or both, if

 

the violation substantially corresponds to a violation of state law

 

that is a misdemeanor for which the maximum period of imprisonment

 

is 93 days. In addition, a city may adopt section 625(1)(c) of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an

 

adopting ordinance and shall provide that a violation of that

 

ordinance is punishable by 1 or more of the following:

 

     (i) Community service for not more than 360 hours.

 

     (ii) Imprisonment for not more than 180 days.

 

     (iii) A fine of not less than $200.00 or more than $700.00.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) House Bill No. 5678.

 

     (b) House Bill No. 5680.

 

     (c) House Bill No. 5681.