HB-4923, As Passed Senate, January 31, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4923

 

September 8, 2011, Introduced by Reps. Constan and Byrum and referred to the Committee on Judiciary.

 

     A bill to amend 1895 PA 3, entitled

 

"The general law village act,"

 

by amending sections 2 and 4 of chapter VI (MCL 66.2 and 66.4),

 

section 2 as amended by 1999 PA 57 and section 4 as amended by 1999

 

PA 259.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER VI

 

     Sec. 2. (1) Except as otherwise provided in this act, the

 

council of a village authorized to pass an ordinance may prescribe

 

a sanction for a violation of the ordinance. If a sanction is

 

prescribed, it shall be prescribed in the ordinance.

 

     (2) Consistent with any of the following statutes, the village

 

council may adopt an ordinance that designates a violation of the


 

ordinance as a civil infraction and provides a civil fine for that

 

violation:

 

     (a) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 

257.923.

 

     (b) 1969 PA 235, MCL 257.941 to 257.943.

 

     (c) 1956 PA 62, MCL 257.951 to 257.954.257.955.

 

     (3) The village council may adopt an ordinance that designates

 

a violation of the ordinance as a municipal civil infraction and

 

provides a civil fine for that violation. An ordinance shall not

 

designate a violation as a municipal civil infraction if that

 

violation may be designated as a civil infraction under subsection

 

(2). A statute may provide that a violation of a specific type of

 

ordinance is a municipal civil infraction whether or not the

 

ordinance designates the violation as a municipal civil infraction.

 

     (4) An ordinance shall not make an act or omission a municipal

 

civil infraction if that act or omission constitutes a crime under

 

any of the following:

 

     (a) Article 7 or section 17766a of the public health code,

 

1978 PA 368, MCL 333.7101 to 333.7545. and 333.17766a.

 

     (b) The Michigan penal code, 1931 PA 328, MCL 750.1 to

 

750.568.

 

     (c) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 

257.923.

 

     (d) The Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1101 to 436.2303.

 

     (e) Part 801 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.80101 to 324.80199.


 

     (f) The aeronautics code of the state of Michigan, 1945 PA

 

327, MCL 259.1 to 259.208.

 

     (g) Part 821 of of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.82101 to 324.82160.

 

     (h) Part 811 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.81101 to 324.81150.

 

     (i) Sections 351 to 365 of the railroad code of 1993, 1993 PA

 

354, MCL 462.351 to 462.365.

 

     (j) Any law of this state under which the act or omission is

 

punishable by imprisonment for more than 93 days.

 

     (5) An ordinance not described in subsection (2) or (3) may

 

provide that a violation of the ordinance is punishable by

 

imprisonment for not more than 90 days or by a fine of not more

 

than $500.00, 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:

 

     (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.

 

     Sec. 4. (1) Within 15 days after an ordinance is passed, the


 

clerk shall publish the ordinance or a synopsis of the ordinance in

 

a newspaper circulated in the village. Immediately after the

 

ordinance or synopsis of the ordinance is published, the clerk

 

shall enter in the record of ordinances, in a blank space to be

 

left for that purpose under the record of the ordinance, a signed

 

certificate, stating the date on which and the name of the

 

newspaper in which the ordinance was published. The certificate is

 

prima facie evidence of the publication of the ordinance or the

 

synopsis.

 

     (2) A village may adopt a provision of any state statute for

 

which the maximum period of imprisonment is 93 days, the Michigan

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a plumbing

 

code, electrical code, mechanical code, fire protection code,

 

building code, or other code promulgated by this state, by a

 

department, board, or other agency of this state, or by an

 

organization or association that is organized or conducted for the

 

purpose of developing a code, by reference to the law or code in an

 

adopting ordinance and without publishing the law or code in full.

 

The law or code shall be clearly identified in the ordinance and a

 

statement of the purpose of the law or code shall be published with

 

the adopting ordinance. Printed copies of the law or code shall be

 

kept in the office of the village clerk available for inspection by

 

or distribution to the public during normal business hours. The

 

village may charge a fee that does not exceed the actual cost for

 

copies of the law or code distributed to the public. The

 

publication in the newspaper shall contain a notice to the effect

 

that a complete copy of the law or code is available for public use


 

and inspection at the office of the village clerk. A Except as

 

otherwise provided in this subsection, a village shall not enforce

 

any provision adopted by reference for which the maximum period of

 

imprisonment is greater than 93 days. 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:

 

     (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.