HOUSE BILL No. 4966 June 25, 1997, Introduced by Reps. Curtis, Wallace, Profit, Kilpatrick and Schauer and referred to the Committee on Local Government. A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and reg- ulations 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 ordi- nances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanc- tions; and to repeal all acts and parts of acts in conflict with the act," by amending section 3 (MCL 41.183) as amended by 1996 PA 34. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) The township board may provide in a township 2 ordinance a sanction for violation of the ordinance. 3 (2) Consistent with any of the following statutes, the town- 4 ship board may adopt an ordinance that designates a violation of 5 the ordinance as a civil infraction and provides a civil fine for 6 that violation: 03757'97 b TLG 2 1 (a) The Michigan vehicle code,Act No. 300 of the Public2Acts of 1949, being sections 257.1 to 257.923 of the Michigan3Compiled Laws1949 PA 300, MCL 257.1 TO 257.923. 4 (b)Act No. 235 of the Public Acts of 1969, being5sections 257.941 to 257.943 of the Michigan Compiled Laws1969 6 PA 235, MCL 257.941 TO 257.943. 7 (c)Act No. 62 of the Public Acts of 1956, being8sections 257.951 to 257.954 of the Michigan Compiled Laws1956 9 PA 62, MCL 257.951 TO 257.954. 10 (3) The township board may adopt an ordinance that desig- 11 nates a violation of the ordinance as a municipal civil infrac- 12 tion and provides a civil fine for that violation. An ordinance 13 may not designate a violation as a municipal civil infraction if 14 that violation may be designated as a civil infraction under 15 subsection (2). A statute may provide that a violation of a spe- 16 cific type of ordinance is a municipal civil infraction whether 17 or not the ordinance designates the violation as a municipal 18 civil infraction. 19 (4) An ordinance shall not make an act or omission a munici- 20 pal civil infraction if that act or omission constitutes a crime 21 under any of the following: 22 (a) Article 7 or section 17766a of the public health code, 23Act No. 368 of the Public Acts of 1978, being sections 333.710124to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 PA 25 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 03757'97 b 3 1 (b) The Michigan penal code,Act No. 328 of the Public Acts2of 1931, being sections 750.1 to 750.568 of the Michigan Compiled3Laws1931 PA 328, MCL 750.1 TO 750.568. 4 (c)Act No. 300 of the Public Acts of 1949, being sections5257.1 to 257.923 of the Michigan Compiled LawsTHE MICHIGAN 6 VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 7 (d) The Michigan liquor control act,Act No. 8 of the8Public Acts of the Extra Session of 1933, being sections 436.1 to9436.58 of the Michigan Compiled Laws1933 (EX SESS) PA 8, MCL 10 436.1 TO 436.58. 11 (e) Part 801(marine safety), Act No. 451 of the Public12Acts of 1994, being sections 324.80101 to 324.80199 of the13Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 14 TAL PROTECTION ACT, 1994 PA 451, 324.80101 TO 324.80199. 15 (f) The aeronautics code of the state of Michigan,Act16No. 327 of the Public Acts of 1945, being sections 259.1 to17259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 18 259.208. 19 (g) Part 821(snowmobiles)of the natural resources and 20 environmental protection act,Act No. 451 of the Public Acts of211994, being sections 324.82101 to 324.82159 of the Michigan22Compiled Laws1994 PA 451, MCL 324.82101 TO 324.82159. 23 (h) Part 811(off-road recreation vehicles) of Act No. 45124of the Public Acts of 1994, being sections 324.81101 to 324.8115025of the Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVI- 26 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 27 324.81150. 03757'97 b 4 1 (i) Sections 351 to 365 of the railroad code of 1993,Act2No. 354 of the Public Acts of 1993, being sections 462.351 to3462.365 of the Michigan Compiled Laws1993 PA 354, MCL 462.351 4 TO 462.365. 5 (j) Any law of this state under which the act or omission is 6 punishable by imprisonment for more than 90 days. 7 (5) An ordinance not described in subsection (2) or (3) may 8 provide a penalty for violation of the ordinance consisting of a 9 fine not exceeding $500.00 or imprisonment not exceeding9093 10 days, or both. 11 (6) An action for the violation of a township ordinance 12 shall be instituted in the district court, unless the person 13 alleged to have violated the ordinance admits responsibility at a 14 parking violations bureau or municipal ordinance violation bureau 15 as otherwise provided and authorized by law. Fines and costs 16 imposed or assessed in such an action shall be distributed in 17 accordance with section 8379 of the revised judicature act of 18 1961,Act No. 236 of the Public Acts of 1961, being19section 600.8379 of the Michigan Compiled Laws1961 PA 236, MCL 20 600.8379. 03757'97 b Final page. TLG