November 30, 2016, Introduced by Reps. Pscholka and Poleski and referred to the Committee on Local Government.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 4i (MCL 117.4i), as amended by 2014 PA 183, and
by adding section 4u.
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 shall 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) 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.
(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 defined in section 2 of 1984 PA 343, MCL
752.362.
(iii) Sexually explicit visual material as 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 section 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 shall 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.
Sec. 4u. (1) Except as otherwise provided in subsection (2),
if a city provides retirement benefits as part of a system of
compensation under section 4i, the retirement benefits are subject
to the local unit of government retirement act.
(2) This section does not apply to a city described in section
4p.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6074 (request no.
06264'16 *) of the 98th Legislature is enacted into law.