Bill Text: MI HB5960 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Cities; home rule; authority of cities to impose licensing requirements on certain occupations; clarify and limit. Amends sec. 4i of 1909 PA 279 (MCL 117.4i).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - Presented To The Governor 12/21/2018 @ 3:16 Pm [HB5960 Detail]
Download: Michigan-2017-HB5960-Chaptered.html
Act No. 498
Public Acts of 2018
Approved by the Governor
December 26, 2018
Filed with the Secretary of State
December 27, 2018
EFFECTIVE DATE: December 27, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Rep. Wentworth
ENROLLED HOUSE BILL No. 5960
AN ACT to amend 1909 PA 279, entitled “An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,” by amending section 4i (MCL 117.4i), as amended by 2017 PA 214.
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 must 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) Except as otherwise provided in this subdivision, 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. This subdivision is subject to the local government occupational licensing act.
(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 whether or not the nipple or areola is exposed during or incidental to the feeding.
(ii) Material as that term is defined in section 2 of 1984 PA 343, MCL 752.362.
(iii) Sexually explicit visual material as that term is 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 sections 4p and 4u, 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 must 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 is retroactive and takes effect January 1, 2018.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5955 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
