HOUSE BILL No. 4964


     June 25, 1997, Introduced by Reps. Wallace, Profit, Murphy, Brewer, Quarles, Hanley, Nye, Dobronski and Baird 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 1996 PA 179.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4i.  Each city may PROVIDE in its charter  provide  FOR

 2    1 OR MORE OF THE FOLLOWING:

 3         (a)  For laying  LAYING and collecting rents, tolls, and

 4    excises.

 5         (b)  For regulating  REGULATING and restricting the loca-

 6    tions of oil and gasoline stations.

 7         (c)  For the  THE establishment of districts or zones within

 8    which the use of land and structures, the height, area, size, and

 9    location of buildings, the required open spaces for light and

10    ventilation of buildings, and the density of population may be

11    regulated by ordinance.  The zoning ordinance provisions


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 1    applicable to 1 or more districts may differ from those

 2    applicable to other districts.  If a city is incorporated, or if

 3    territory is annexed to a city incorporated under this act, the

 4    zoning ordinance provisions applicable to the territory within

 5    the newly incorporated city or the annexed territory shall remain

 6    in effect for 2 years after the incorporation or annexation

 7    unless the legislative body of the city lawfully adopts other

 8    zoning ordinance provisions.

 9         (d)  For the  THE regulation of trades, occupations, and

10    amusements within city boundaries, if the regulations are not

11    inconsistent with state or federal law, and  for  the prohibition

12    of trades, occupations, and amusements that are detrimental to

13    the health, morals, or welfare of the inhabitants of that city.

14         (e)  For the  THE regulation or prohibition of public nudity

15    within city boundaries.  As used in this subdivision, "public

16    nudity" means knowingly or intentionally displaying in a public

17    place, or for payment or promise of payment by any person includ-

18    ing, but not limited to, payment or promise of payment of an

19    admission fee, any individual's genitals or anus with less than a

20    fully opaque covering  ,  or a female individual's breast with

21    less than a fully opaque covering of the nipple and areola.

22    Public nudity does not include any of the following:

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

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

25         (ii) Material as defined in section 2 of  Act No. 343 of the

26     Public Acts of 1984, being section 752.362 of the Michigan

27     Compiled Laws  1984 PA 343, MCL 752.362.



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 1         (iii) Sexually explicit visual material as defined in

 2    section 3 of  Act No. 33 of the Public Acts of 1978, being sec-

 3     tion 722.673 of the Michigan Compiled Laws  1978 PA 33, MCL

 4    722.673.

 5         (f)  For licensing  LICENSING, regulating, restricting, and

 6    limiting the number and locations of billboards within the city.

 7         (g)  For the  THE initiative and referendum on all matters

 8    within the scope of the powers of that city  ,  and  for  the

 9    recall of city officials.

10         (h)  For a  A system of civil service for city employees,

11    including employees of that city's board of health, and employees

12    of any jail operated or maintained by the city.  Charter provi-

13    sions providing for a system of civil service for employees of a

14    local health board are valid and effective.

15         (i)  For a  A system of compensation for city employees and

16    the dependents of city employees in the case of disability,

17    injury, or death of city employees.

18         (j)  For the  THE enforcement of police, sanitary, and other

19    ordinances that are not in conflict with the general laws.

20         (k)  For the  THE punishment of persons who violate city

21    ordinances other than ordinances described in section 4l(1), (2),

22    or (3).  However, the  THE penalty for a violation of such a

23    city ordinance shall not exceed a fine of $500.00  ,  or impris-

24    onment for  90  93 days, or both.









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