HB-4921, As Passed Senate, January 31, 2012
September 8, 2011, Introduced by Reps. Heise and Byrum and referred to the Committee on Judiciary.
A bill to amend 1947 PA 359, entitled
"The charter township act,"
by amending section 21 (MCL 42.21), as amended by 1999 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21. (1) The township board shall provide in each
ordinance a sanction for violation of the ordinance.
(2) Consistent with any of the following statutes, the
township board 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 township board 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 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) For an ordinance not described in subsection (2) or (3),
punishment for a violation of the 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 charter 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.
(6) Fines collected for the violation of the ordinances of a
charter township shall be distributed as provided in section 8379
of the revised judicature act of 1961, 1961 PA 236, MCL 600.8379.