HB-5958, As Passed House, December 19, 2018

HB-5958, As Passed Senate, December 13, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5958

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1945 PA 246, entitled

 

"An act to authorize township boards to adopt ordinances and

regulations 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 ordinances; to prescribe powers and duties of township boards

and certain local and state officers and agencies; to provide

sanctions; and to repeal all acts and parts of acts in conflict

with the act,"

 

by amending section 1 (MCL 41.181), as amended by 2012 PA 9.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The Except as otherwise provided in this

 

subsection, the township board of a township, at a regular or

 

special meeting by a majority of the members elect of the township

 

board, may adopt ordinances regulating the public health, safety,

 


and general welfare of persons and property, including, but not

 

limited to, ordinances concerning fire protection, licensing or use

 

of bicycles, traffic, parking of vehicles, sidewalk maintenance and

 

repairs, the licensing of business establishments, the licensing

 

and regulating of public amusements, and the regulation or

 

prohibition of public nudity, and may provide sanctions for the

 

violation of the ordinances. The township shall enforce the

 

ordinances and may employ and establish a police department with

 

full power to enforce township ordinances and state laws. If state

 

laws are to be enforced, a township shall have a law enforcement

 

unit or may by resolution appropriate funds and call upon the

 

sheriff of the county in which the township is located, the

 

department of state police, or another law enforcement agency to

 

provide special police protection for the township. The sheriff,

 

department of state police, or other local law enforcement agency

 

shall, if called upon, provide special police protection for the

 

township and enforce local township ordinances to the extent that

 

township funds are appropriated for the enforcement. Special

 

township deputies appointed by the sheriff shall be under the

 

jurisdiction of and solely responsible to the sheriff. Ordinances

 

regulating traffic and parking of vehicles and bicycles shall must

 

not contravene the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 

257.923. This subsection is subject to the local government

 

occupational licensing act.

 

     (2) Ordinances enacted may apply to streets, roads, highways,

 

or portions of the township determined by the township board or may

 

be limited to specified platted lands within the township, and with


respect to these lands shall be are valid and enforceable whether

 

the roads and streets have been dedicated to public use or not.

 

Township boards of townships enacting ordinances under this section

 

may accept contributions from duly constituted representatives of

 

the platted lands benefited by the ordinances to defray

 

administrative and enforcement costs incident to the enactment of

 

ordinances.

 

     (3) A township may adopt a provision of any state statute for

 

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

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923, by reference in an

 

adopting ordinance, which statute shall must be clearly identified

 

in the adopting ordinance. Except as otherwise provided in this

 

subsection, a township shall not enforce any provision adopted by

 

reference for which the maximum period of imprisonment is greater

 

than 93 days. A 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.

 

     (4) As used in this section, "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:

 

     (a) A woman's breastfeeding of a baby whether or not the

 

nipple or areola is exposed during or incidental to the feeding.

 

     (b) Material as defined in section 2 of 1984 PA 343, MCL

 

752.362.

 

     (c) Sexually explicit visual material as defined in section 3

 

of 1978 PA 33, MCL 722.673.

 

     Enacting section 1. This amendatory act is retroactive and

 

takes effect January 1, 2018.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5955 of the 99th Legislature is enacted into

 

law.