HOUSE BILL No. 5008 October 19, 1999, Introduced by Reps. Julian, Koetje, Bishop, Gilbert, Tabor, Toy, DeRossett, Bradstreet, Mortimer, Lockwood, Jamnick, DeWeese and Birkholz and referred to the Committee on Local Government and Urban Policy. A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and reg- ulations 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 ordi- nances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanc- tions; and to repeal all acts and parts of acts in conflict with the act," by amending sections 1, 4, and 5 (MCL 41.181, 41.184, and 41.185), section 1 as amended by 1994 PA 315, section 4 as amended by 1994 PA 14, and section 5 as added by 1989 PA 78. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. (1) The township board of a township,may,at a 2 regular or special meeting by a majority of the members elect of 3 the township board, MAY adopt ordinances regulating the public 4 health, safety, and general welfare of persons and property, 5 including, but not limited to ORDINANCES CONCERNING fire 04581'99 b FDD 2 1 protection, licensing or use of bicycles, traffic,andparking 2 of vehicles, sidewalk maintenance and repairs, the licensing of 3 business establishments, the licensing and regulating of public 4 amusements, and the regulation or prohibition of public nudity, 5 and MAY providepenaltiesSANCTIONS for the violation of the 6 ordinances. The township shall enforce the ordinances and may 7 employ and establish a police department with full power to 8 enforce township ordinances and state laws. If state laws are to 9 be enforced, a township shall have a law enforcement unit or may 10 by resolution appropriate funds and call upon the sheriff of the 11 county in which the township is located, the department of state 12 police, orotherANOTHER law enforcement agency to provide spe- 13 cial police protection for the township. The sheriff, department 14 of state police, or other local law enforcement agency shall, if 15 called upon, provide special police protection for the township 16 and enforce local township ordinances to the extent that township 17 funds are appropriated for the enforcement. Special township 18 deputies appointed by the sheriff shall be under the jurisdiction 19 of and solely responsible to the sheriff. Ordinances regulating 20 traffic and parking of vehicles and bicycles shall notbe in21contravention ofCONTRAVENE the Michigan vehicle code,Act No.22300 of the Public Acts of 1949, as amended, being sections 257.123to 257.923 of the Michigan Compiled Laws1949 PA 300, MCL 257.1 24 TO 257.923. 25 (2) Ordinances enacted may apply to streets, roads, high- 26 ways, or portions of the township determined by the township 27 board or may be limited to specified platted lands within the 04581'99 b 3 1 township, and with respect to these lands shall be valid and 2 enforceable whether the roads and streets have been dedicated to 3 public use or not. Township boards of townships enacting ordi- 4 nances under this section may accept contributions from duly con- 5 stituted representatives of the platted lands benefited by the 6 ordinances to defray administrative and enforcement costs inci- 7 dent to the enactment of ordinances. 8 (3) A TOWNSHIP MAY ADOPT A PROVISION OF ANY STATE STATUTE 9 FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS 93 DAYS OR THE 10 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, BY REF- 11 ERENCE IN AN ADOPTING ORDINANCE, WHICH STATUTE SHALL BE CLEARLY 12 IDENTIFIED IN THE ADOPTING ORDINANCE. 13 (4)(3)As used in this section, "public nudity" means 14 knowingly or intentionally displaying in a public place, or for 15 payment or promise of payment by any person including, but not 16 limited to, payment or promise of payment of an admission fee, 17 any individual's genitals or anus with less than a fully opaque 18 covering, or a female individual's breast with less than a fully 19 opaque covering of the nipple and areola. Public nudity does not 20 include any of the following: 21 (a) A woman's breastfeeding of a baby whether or not the 22 nipple or areola is exposed during or incidental to the feeding. 23 (b) Material as defined in section 2 ofAct No. 343 of the24Public Acts of 1984, being section 752.362 of the Michigan25Compiled Laws1984 PA 343, MCL 752.362. 04581'99 b 4 1 (c) Sexually explicit visual material as defined in section 2 3 ofAct No. 33 of the Public Acts of 1978, being section3722.673 of the Michigan Compiled Laws1978 PA 33, MCL 722.673. 4 Sec. 4. (1) A township ordinance shall contain a provision 5 stating when the ordinance takes effect. 6 (2) Except as provided in section 22 ofAct No. 359 of the7Public Acts of 1947, being section 42.22 of the Michigan Compiled8LawsTHE CHARTER TOWNSHIP ACT, 1947 PA 359, MCL 42.22, and sec- 9 tion 11 of the townshipruralzoning act,Act No. 184 of the10Public Acts of 1943, being section 125.281 of the Michigan11Compiled Laws1943 PA 184, MCL 125.281, a township ordinance 12 shall take effect as follows: 13 (a) If an ordinance imposes a sanction for the violation of 14 the ordinance, the ordinance shall take effect 30 days after the 15 first publication of the ordinance. 16 (b) If an ordinance does not impose a sanction for the vio- 17 lation of the ordinance, the ordinance shall take effect the day 18 following the date of the publication of the ordinance or any 19 date following publication specified in the ordinance. 20 (3) Publication of the ordinance shall be made within 30 21 days after the passage of the ordinance by inserting either a 22 true copy or a summary of the ordinance once in a newspaper cir- 23 culating within the township. A summary of an ordinance may be 24 drafted by the same personthatWHO drafted the ordinance or by 25 the township board or township zoning board and shall be written 26 in clear and nontechnical language. Each section of an ordinance 27 or a summary of an ordinance shall be preceded by a catch line. 04581'99 b 5 1(4)If a summary of an ordinance is published, the township 2 shall designate in the publication the location in the township 3 where a true copy of the ordinance can be inspected or obtained. 4 (4) IF AN ORDINANCE ADOPTS BY REFERENCE A PROVISION OF ANY 5 STATE STATUTE FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS 93 6 DAYS OR THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 7 257.923, A STATEMENT OF THE PURPOSE OF THE STATUTE SHALL BE PUB- 8 LISHED WITH THE ADOPTING ORDINANCE OR WITH THE SUMMARY OF THE 9 ADOPTING ORDINANCE UNDER SUBSECTION (3). COPIES OF THE STATUTE 10 ADOPTED BY THE TOWNSHIP BY REFERENCE SHALL BE KEPT IN THE OFFICE 11 OF THE TOWNSHIP CLERK, AVAILABLE FOR INSPECTION BY AND DISTRIBU- 12 TION TO THE PUBLIC. THE TOWNSHIP SHALL INCLUDE IN THE PUBLICA- 13 TION THE DESIGNATION OF A LOCATION IN THE TOWNSHIP WHERE A COPY 14 OF THE STATUTE CAN BE INSPECTED OR OBTAINED. 15 Sec. 5. (1) Within 1 week after thefirstpublication of 16 an ordinance as provided in section 4, the township clerk shall 17 record the ordinance in a book of ordinances kept by him or her 18 for that purpose; record the date of the passage of the ordi- 19 nance, the names of the members of the township board voting, and 20 how each member voted; and file an attested copy of the ordinance 21 with the county clerk. IF THE ORDINANCE ADOPTS BY REFERENCE A 22 PROVISION OF ANY STATE STATUTE FOR WHICH THE MAXIMUM PERIOD OF 23 IMPRISONMENT IS 93 DAYS OR THE MICHIGAN VEHICLE CODE, 1949 PA 24 300, MCL 257.1 TO 257.923, THE TOWNSHIP CLERK SHALL ALSO FILE A 25 COPY OF THE STATUTE WITH THE COUNTY CLERK. The township clerk 26 shall certify under the ordinance in a blank space provided the 27 date or dates of publication of the ordinance, the name of the 04581'99 b 6 1 newspaper in which publication was made, and the date of filing 2 with the county clerk. 3 (2) The county clerk shall maintain separate files forthe4ordinances ofANY STATUTE FILED UNDER SUBSECTION (1) FOR each 5 township in the county.andTHE COUNTY CLERK SHALL make the 6 files readily available to the public. 7 (3) The provisions of this section with regard to filing 8 with the county clerkshallDO not apply to a township that 9 maintains a township office open to the public during regular 10 hours on each business day. 11 (4) The county clerk may charge a reasonable fee for the 12 reproduction or furnishing of a copy of an ordinance OR STATUTE 13 FILED UNDER SUBSECTION (1). 04581'99 b Final page. FDD