HB-4922, As Passed Senate, January 31, 2012
September 8, 2011, Introduced by Reps. Walsh and Byrum and referred to the Committee on Judiciary.
A bill to amend 1945 PA 246, entitled
"An act to authorize township boards to adopt ordinances and
regulations to secure the public health, safety and general
welfare; to provide for the establishment of a township police
department; to provide for policing of townships by certain law
enforcement officers and agencies; to provide for the publication
of ordinances; to prescribe powers and duties of township boards
and certain local and state officers and agencies; to provide
sanctions; and to repeal all acts and parts of acts in conflict
with the act,"
by amending sections 1 and 4 (MCL 41.181 and 41.184), as amended by
1999 PA 257.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The township board of a township, at a regular or
special meeting by a majority of the members elect of the township
board, may adopt ordinances regulating the public health, safety,
and general welfare of persons and property, including, but not
limited to, ordinances concerning fire protection, licensing or use
of bicycles, traffic, parking of vehicles, sidewalk maintenance and
repairs, the licensing of business establishments, the licensing
and regulating of public amusements, and the regulation or
prohibition of public nudity, and may provide sanctions for the
violation of the ordinances. The township shall enforce the
ordinances and may employ and establish a police department with
full power to enforce township ordinances and state laws. If state
laws are to be enforced, a township shall have a law enforcement
unit or may by resolution appropriate funds and call upon the
sheriff of the county in which the township is located, the
department of state police, or another law enforcement agency to
provide special police protection for the township. The sheriff,
department of state police, or other local law enforcement agency
shall, if called upon, provide special police protection for the
township and enforce local township ordinances to the extent that
township funds are appropriated for the enforcement. Special
township deputies appointed by the sheriff shall be under the
jurisdiction of and solely responsible to the sheriff. Ordinances
regulating traffic and parking of vehicles and bicycles shall not
contravene the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923.
(2) Ordinances enacted may apply to streets, roads, highways,
or portions of the township determined by the township board or may
be limited to specified platted lands within the township, and with
respect to these lands shall be valid and enforceable whether the
roads and streets have been dedicated to public use or not.
Township boards of townships enacting ordinances under this section
may accept contributions from duly constituted representatives of
the platted lands benefited by the ordinances to defray
administrative and enforcement costs incident to the enactment of
ordinances.
(3) A township may adopt a provision of any state statute for
which the maximum period of imprisonment is 93 days or the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, by reference in an
adopting ordinance, which statute shall be clearly identified in
the
adopting ordinance. A Except
as otherwise provided in this
subsection, a township shall not enforce any provision adopted by
reference for which the maximum period of imprisonment is greater
than 93 days. A township 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 a misdemeanor punishable by 1 or more of the
following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.
(4) As used in this section, "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:
(a) A woman's breastfeeding of a baby whether or not the
nipple or areola is exposed during or incidental to the feeding.
(b) Material as defined in section 2 of 1984 PA 343, MCL
752.362.
(c) Sexually explicit visual material as defined in section 3
of 1978 PA 33, MCL 722.673.
Sec. 4. (1) A township ordinance shall contain a provision
stating when the ordinance takes effect.
(2) Except as provided in section 22 of the charter township
act,
1947 PA 359, MCL 42.22, and section 11 of the township zoning
act,
1943 PA 184, MCL 125.281, section
401 of the Michigan zoning
enabling act, 2006 PA 110, MCL 125.3401, a township ordinance shall
take effect as follows:
(a) If an ordinance imposes a sanction for the violation of
the ordinance, the ordinance shall take effect 30 days after the
first publication of the ordinance.
(b) If an ordinance does not impose a sanction for the
violation of the ordinance, the ordinance shall take effect the day
following the date of the publication of the ordinance or any date
following publication specified in the ordinance.
(3) Publication of the ordinance shall be made within 30 days
after the passage of the ordinance by inserting either a true copy
or a summary of the ordinance once in a newspaper circulating
within the township. A summary of an ordinance may be drafted by
the same person who drafted the ordinance or by the township board
or
township zoning board planning
commission and shall be written
in clear and nontechnical language. Each section of an ordinance or
a summary of an ordinance shall be preceded by a catch line. If a
summary of an ordinance is published, the township shall designate
in the publication the location in the township where a true copy
of the ordinance can be inspected or obtained.
(4) If an ordinance adopts by reference a provision of any
state statute for which the maximum period of imprisonment is 93
days or the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, a statement of the purpose of the statute shall be
published with the adopting ordinance or with the summary of the
adopting ordinance under subsection (3). Copies of the statute
adopted by the township by reference shall be kept in the office of
the township clerk, available for inspection by and distribution to
the public. The township shall include in the publication the
designation of a location in the township where a copy of the
statute
can be inspected or obtained. A Except
as otherwise
provided in this subsection, a township shall not enforce any
provision adopted by reference for which the maximum period of
imprisonment is greater than 93 days. A township 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 a misdemeanor punishable by 1 or
more of the following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.