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.