THE HOME RULE VILLAGE ACT (EXCERPT)
Act 278 of 1909
78.24 Village charter; permissible provisions.
A village may provide in its charter for 1 or more of the following:
(a) The regulation of a trade, occupation, or amusement within the village's boundaries, including the sale of intoxicating liquor and the number of licenses to be issued for the sale of intoxicating liquor. A charter shall not permit the sale of liquor in a county in which the sale is prohibited by operation of the general local option law of this state, but may suppress saloons for the sale of intoxicating liquor.
(b) The punishment of a person who violates an ordinance of the village other than an ordinance described in section 25a. The penalty for a violation of such an 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 village 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:
(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.
(c) The establishment of a department considered necessary for the general welfare of the village and for the separate incorporation of the village. This subdivision does not apply to a public school.
(d) The use and enjoyment of the surface of a street of the village and the space above and beneath the street.
(e) The assessment and reassessment of the cost, or a portion of the cost, of a public improvement to a special district. The payment of a future installment of a special assessment against a parcel of land may be made at any time in full, with interest accrued to the due date of the next installment.
(f) The purchase of private property for a public use or purpose within the scope of the powers of the village.
(g) The sale and delivery of water outside the corporate limits of the village in an amount determined by the legislative body of the village.
(h) The purchase of land outside the corporate limits of the village if necessary for the disposal of sewage and garbage or for a purpose authorized by the state constitution of 1963 or the law of this state.
(i) The use, upon the payment of reasonable compensation by persons other than the owner, of property located in a street, alley, or public place if the property is used in the operation of a public utility.
(j) A plan of streets and alleys within the village's limits.
(k) The use, control, and regulation of a stream, water, or watercourse within the village's boundaries, but not so as to conflict with a law, or action under a law, by which a navigable stream is bridged or dammed.
(l) The enforcement of each police, sanitary, or other ordinance that is not in conflict with the law of this state.
(m) The exercise of each municipal power in the management and control of village property and the administration of the village government, whether the power is expressly enumerated in this act or not; an act to advance the interest of the village, and the good government and prosperity of the village and its inhabitants; and the making of ordinances that are necessary and proper for carrying into execution the powers conferred by this act, and other powers vested by the state constitution of 1963 in villages, except if forbidden by or if the subject is covered exclusively by the law of this state.
(n) The sale and delivery of heat, power, and light outside the village's corporate limits in an amount determined by the legislative body of the village, except that a sale at other than wholesale shall be limited to the area of a city, village, or township that is contiguous to the village as of June 23, 1974, and to the area of any other city, village, or township being served as of June 23, 1974. However, a village shall not sell heat, power, or light to a customer outside the village's corporate limits already receiving the service from another utility unless the serving utility consents in writing. For purposes of this subdivision, "wholesale" means the sale or exchange of heat, power, or light between public utility systems, whether municipally, cooperatively, or privately owned.
History: 1909, Act 278, Eff. Sept. 1, 1909
CL 1915, 2866
CL 1929, 1786
CL 1948, 78.24
Am. 1955, Act 60, Eff. Oct. 14, 1955
Am. 1974, Act 174, Imd. Eff. June 23, 1974
Am. 1978, Act 28, Imd. Eff. Feb. 24, 1978
Am. 1979, Act 37, Imd. Eff. June 20, 1979
Am. 1994, Act 15, Eff. May 1, 1994
Am. 1999, Act 56, Eff. Oct. 1, 1999
Am. 2012, Act 11, Imd. Eff. Feb. 15, 2012
© 2009 Legislative Council, State of Michigan