House Introduced Bill 5438

HOUSE BILL No. 5438

December 10, 1997, Introduced by Reps. Mans, Birkholz, Brackenridge and Dobronski and referred to the Committee on Local Government.

A bill to amend 1895 PA 3, entitled

"The general law village act,"

by amending the title and sections 1, 1a, and 12 of chapter I,

sections 1, 2, 4, 5, 6, 7, 11, 12, 13, 14, and 15 of chapter II,

sections 2 and 7 of chapter III, sections 1, 2, 3, 5, 6, 7, 9,

10, 11, 12, and 21 of chapter IV, sections 1, 2, 3, 5, 7, and 8

of chapter V, sections 1, 3, 3a, 4, 8, 9, 11, 12, and 14 of chap-

ter VI, and sections 1, 3, 4, 5, 6, 7, 9, 10, 12, 13, 16, 18, 19,

23, 24, 25, 26, 31, 33, 34, 38, 39, 41, 56, 57, 58, 61, 63, and

64 of chapter VII (MCL 61.1, 61.1a, 61.12, 62.1, 62.2, 62.4,

62.5, 62.6, 62.7, 62.11, 62.12, 62.13, 62.14, 62.15, 63.2, 63.7,

64.1, 64.2, 64.3, 64.5, 64.6, 64.7, 64.9, 64.10, 64.11, 64.12,

64.21, 65.1, 65.2, 65.3, 65.5, 65.7, 65.8, 66.1, 66.3, 66.3a,

66.4, 66.8, 66.9, 66.11, 66.12, 66.14, 67.1, 67.3, 67.4, 67.5,

67.6, 67.7, 67.9, 67.10, 67.12, 67.13, 67.16, 67.18, 67.19,

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67.23, 67.24, 67.25, 67.26, 67.31, 67.33, 67.34, 67.38, 67.39,

67.41, 67.56, 67.57, 67.58, 67.61, 67.63, and 67.64), the title

as amended by 1983 PA 44, section 1a of chapter I, sections 1 and

9 of chapter VI, and section 3 of chapter VII as amended by 1994

PA 16, section 2 of chapter II, sections 1 and 3 of chapter IV,

and section 8 of chapter V as amended by 1985 PA 173, section 13

of chapter II, section 5 of chapter V, and sections 9 and 13 of

chapter VII as amended by 1983 PA 205, section 21 of chapter IV

as amended by 1992 PA 42, section 4 of chapter VI as amended by

1982 PA 346, and section 1 of chapter VII as amended by 1994 PA

314, and by adding sections 3 and 4 to chapter III; and to repeal

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 TITLE

2 An act to provide for the incorporation GOVERNMENT of

3 CERTAIN villages; to define their powers and duties; to provide

4 for the levy and collection of taxes, borrowing of money, and

5 issuance of bonds and other evidences of indebtedness by villages

6 SUBJECT TO THIS ACT; to define the powers and duties of the

7 municipal finance commission or its successor agency and of the

8 department of treasury with regard thereto CERTAIN STATE AND

9 LOCAL OFFICERS AND ENTITIES; to define the application of this

10 act and provide for its amendment by villages subject thereto

11 TO THIS ACT; and to validate prior amendments and certain prior

12 actions taken and bonds issued by villages SUBJECT TO THIS ACT;

13 AND TO PROVIDE FOR THE DISINCORPORATION OF VILLAGES.

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1 CHAPTER I--INCORPORATION.

2 Sec. 1. That all villages hereafter incorporated shall be

3 incorporated under, and be subject to the provisions of THIS ACT

4 IS THE CHARTER FOR ALL VILLAGES INCORPORATED UNDER this act.

5 Sec. 1a. As used in this act: ,

6 (A) "CIVIL INFRACTION ACTION", "MUNICIPAL CIVIL INFRACTION,"

7 AND, except AS USED IN section 2 of chapter VI, "civil

8 infraction" , "civil infraction action", and "municipal civil

9 infraction" mean those terms as defined in section 113 of the

10 revised judicature act of 1961, Act No. 236 of the Public Acts

11 of 1961, being section 600.113 of the Michigan Compiled Laws

12 1961 PA 236, MCL 600.113.

13 (B) "COUNCIL" MEANS THE VILLAGE COUNCIL ESTABLISHED UNDER

14 SECTION 1 OF CHAPTER II.

15 (C) "ELECTOR" MEANS A CITIZEN OF THE UNITED STATES WHO HAS

16 ATTAINED THE AGE OF 18 YEARS, WHO HAS RESIDED IN THIS STATE 6

17 MONTHS, AND WHO MEETS THE REQUIREMENTS OF LOCAL RESIDENCE PRO-

18 VIDED BY LAW.

19 (D) "OFFICER" MEANS THE VILLAGE PRESIDENT, CLERK, OR TREA-

20 SURER, A VILLAGE TRUSTEE, OR AN APPOINTED PERSON AUTHORIZED BY

21 THE COUNCIL.

22 Sec. 12. All villages hereafter incorporated shall be

23 bodies A VILLAGE INCORPORATED UNDER THIS ACT IS A BODY politic

24 and corporate under and by the corporate name assumed by or des-

25 ignated for them as hereinbefore provided, and by such name THE

26 NAME DESIGNATED FOR IT UPON INCORPORATION. BY THAT NAME, THE

27 VILLAGE may sue and be sued, contract and be contracted with,

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1 acquire and hold real and personal property for the purposes for

2 which they were IT WAS incorporated, have a common seal, and

3 change the same COMMON SEAL at pleasure, and exercise all the

4 powers in UNDER this act. conferred.

5 CHAPTER II--OFFICERS.

6 Sec. 1. (1) In each village, the following officers shall

7 be elected: , viz., a president, 6 trustees, 1 clerk, AND 1

8 treasurer. , who shall be ex officio collector, and 1 assessor.

9 The president and trustees shall constitute the village

10 council.

11 (2) THE COUNCIL BY A VOTE OF 2/3 OF THE MEMBERS MAY PROVIDE

12 BY ORDINANCE FOR THE REDUCTION IN THE NUMBER OF TRUSTEES TO 4 WHO

13 WITH THE PRESIDENT SHALL CONSTITUTE THE COUNCIL. IF VILLAGE

14 TRUSTEES ARE ELECTED BIENNIALLY FOR STAGGERED 4-YEAR TERMS OR

15 ANNUALLY FOR STAGGERED 2-YEAR TERMS, THE ORDINANCE SHALL AS

16 NEARLY AS POSSIBLE MAINTAIN STAGGERED TERMS. THE ORDINANCE MAY

17 EXTEND BUT SHALL NOT SHORTEN THE TERM OF AN INCUMBENT TRUSTEE.

18 THE ORDINANCE MAY EXTEND A PROSPECTIVE TERM. THE ORDINANCE SHALL

19 NOT SHORTEN OR ELIMINATE A PROSPECTIVE TERM UNLESS THE NOMINATION

20 DEADLINE FOR THAT TERM IS NOT LESS THAN 30 DAYS AFTER THE EFFEC-

21 TIVE DATE OF THE ORDINANCE.

22 (3) THE COUNCIL BY A VOTE OF 2/3 OF THE MEMBERS MAY PROVIDE

23 BY ORDINANCE FOR THE NOMINATION BY THE PRESIDENT AND THE APPOINT-

24 MENT BY THE COUNCIL OF THE CLERK OR THE TREASURER OR BOTH FOR

25 SUCH A TERM AS THE ORDINANCE MAY PROVIDE. THE ORDINANCE SHALL

26 APPLY BEGINNING WITH THE FIRST TERM THE NOMINATION DEADLINE FOR

27 WHICH WOULD HAVE BEEN NOT LESS THAN 30 DAYS AFTER THE EFFECTIVE

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1 DATE OF THE ORDINANCE OR SHALL APPLY WHEN THE OFFICE IS VACATED,

2 WHICHEVER OCCURS FIRST.

3 (4) THE COUNCIL SHALL PROVIDE THAT AN ORDINANCE ADOPTED

4 UNDER SUBSECTION (2) OR (3) TAKES EFFECT 45 DAYS AFTER THE DATE

5 OF ADOPTION UNLESS A PETITION SIGNED BY NOT LESS THAN 10% OF THE

6 REGISTERED ELECTORS OF THE VILLAGE IS FILED WITH THE VILLAGE

7 CLERK WITHIN THE 45-DAY PERIOD, IN WHICH CASE THE ORDINANCE TAKES

8 EFFECT UPON APPROVAL AT AN ELECTION HELD ON THE QUESTION. NOTICE

9 OF THE DELAYED EFFECT OF THE ORDINANCE AND THE RIGHT OF PETITION

10 UNDER THIS SUBSECTION SHALL BE PUBLISHED SEPARATELY AT THE SAME

11 TIME, AND IN THE SAME MANNER, AS THE ORDINANCE IS PUBLISHED PUR-

12 SUANT TO SECTION 4 OF CHAPTER VI. THE VILLAGE CLERK SHALL VERIFY

13 THE SIGNATURES ON THE PETITIONS. IF A PETITION BEARING THE

14 REQUIRED NUMBER OF VALID SIGNATURES OF ELECTORS IS FILED, THE

15 QUESTION OF ADOPTION OF THE ORDINANCE SHALL BE SUBMITTED AT THE

16 NEXT GENERAL OR SPECIAL ELECTION. THE BALLOT LANGUAGE FOR THE

17 QUESTION SHALL BE PREPARED BY THE VILLAGE CLERK, UNLESS THE QUES-

18 TION CONCERNS THE APPOINTMENT OF THE CLERK UNDER SUBSECTION (2),

19 IN WHICH CASE THE BALLOT LANGUAGE SHALL BE PREPARED BY THE VIL-

20 LAGE COUNCIL.

21 (5) A VILLAGE THAT HAS ADOPTED AN ORDINANCE REDUCING THE

22 NUMBER OF TRUSTEES TO 4 OR PROVIDING FOR THE APPOINTMENT BY THE

23 COUNCIL OF THE CLERK OR TREASURER MAY INCREASE THE NUMBER OF

24 TRUSTEES TO 6 OR PROVIDE FOR THE ELECTION OF THE CLERK OR TREA-

25 SURER BY THE SAME PROCESS AS PROVIDED IN SUBSECTION (2) OR (3),

26 RESPECTIVELY, AND IN SUBSECTION (4).

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1 Sec. 2. (1) The president shall, by and with the consent

2 of the council, appoint a village marshal and a street

3 commissioner and such other MAY NOMINATE AND THE COUNCIL APPOINT

4 SUCH officers as shall be provided for by resolution or ordinance

5 of the council. The council may from time to time provide by

6 ordinance or resolution for the appointment of other officers

7 whose election or appointment is not specifically provided for in

8 this act, as the council considers necessary for the execution of

9 the powers granted by this act. The powers and duties of such

10 officers shall be prescribed by the council. In villages con-

11 taining 500 inhabitants or less, the village president shall not

12 be required to appoint a village marshal. The village marshal

13 may also be appointed a street commissioner THE COUNCIL MAY

14 REQUIRE THAT THE OFFICERS PERFORM THEIR DUTIES FAITHFULLY AND

15 THAT PROPER MEASURES BE TAKEN TO PUNISH NEGLECT OF DUTY BY AN

16 OFFICER.

17 (2) This section is subject to an ordinance adopted under

18 section 8 of chapter V.

19 Sec. 4. The UNLESS OTHERWISE PROVIDED BY ORDINANCE, THE

20 president, clerk, AND treasurer and assessor shall hold their

21 respective offices for the term of 2 years from the second Monday

22 of March of the year when elected and until their successors are

23 elected and qualified. and enter upon the duties of their

24 offices.

25 Sec. 5. (1) Except as otherwise provided in this section, 3

26 village trustees SHALL BE elected at the 1974 and subsequent

27 EACH biennial village elections shall hold their offices

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1 ELECTION for the term of 4 years from the second Monday in March

2 of the even numbered year when elected and until their successors

3 are qualified. and enter upon the duties of their offices. As

4 an alternative, a village by IF PROVIDED BY AN ordinance

5 adopted by the village council prior to BEFORE January 1, 1974,

6 may provide that the term of office of village trustees shall be

7 2 years and that all 6 village trustees shall be elected at the

8 biennial village elections FOR THE TERM OF 2 YEARS AND UNTIL

9 THEIR SUCCESSORS ARE QUALIFIED. In either event, the term of

10 office of trustees elected in 1973 is extended 1 year and such

11 trustees shall serve until their successors elected at the 1976

12 village elections are qualified and enter upon the duties of

13 their offices.

14 (2) A village may exempt IF A VILLAGE EXEMPTED itself from

15 subsection (1) by council resolution adopted prior to BEFORE

16 January 1, 1974, . In such event the village shall continue to

17 elect its trustees annually on the second Monday in March with 3

18 trustees to be elected annually. The trustees shall hold their

19 offices for the term of 2 years and until their successors are

20 qualified. and enter upon the duties of their offices.

21 (3) A village which originally exempts itself pursuant to

22 THAT EXEMPTED ITSELF AS DESCRIBED IN subsection (2) may subse-

23 quently provide BY ORDINANCE that the village shall elect trust-

24 ees biennially. by the adoption of an ordinance. The ordinance

25 shall be applicable to the even year village election to be held

26 not less than 6 months next following the adoption of the

27 ordinance. The ordinance may provide that 3 trustees shall be

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1 elected for 4-year terms at each biennial election or,

2 alternatively, the ordinance may provide that all 6 trustees

3 shall be elected for 2-year terms at each biennial election

4 SHALL PROVIDE FOR A SYSTEM OF ELECTING TRUSTEES AS DESCRIBED IN

5 SUBSECTION (1). The ordinance may extend the terms of incumbent

6 trustees for not more than 1 year where IF necessary to provide

7 for the biennial election of trustees. In any event, a trustee

8 shall serve until his OR HER successor is qualified. and enters

9 upon the duties of his office.

10 (4) A copy of each resolution and ordinance adopted pursuant

11 to this section shall be forwarded to the director of THE BUREAU

12 OF elections of the department of state.

13 Sec. 6. All appointive officers, except officers appointed

14 to fill vacancies in elective offices, shall hold their respec-

15 tive offices until the second Monday of April next after such

16 appointment, and until their successors are qualified and enter

17 upon the duties of their offices, unless a different term of

18 office shall be IS prescribed in this act, IN AN ORDINANCE

19 AUTHORIZED BY THIS ACT, or in the ordinance or resolution creat-

20 ing the office. Officers AN OFFICER appointed to fill

21 vacancies A VACANCY IN AN ELECTIVE OFFICE shall hold their

22 office until the next annual REGULAR VILLAGE election, and

23 until their successors are HIS OR HER SUCCESSOR IS elected or

24 appointed and qualified. All persons elected or appointed to

25 office shall enter upon the duties thereof, upon taking the oath

26 of office and filing the requisite security, if any is required

27 of them. AN OFFICER APPOINTED TO FILL A VACANCY IN AN APPOINTIVE

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1 OFFICE SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR IS APPOINTED

2 AND QUALIFIED.

3 Sec. 7. (1) No A person shall NOT be elected or appointed

4 to any AN office unless he shall be OR SHE IS an elector of

5 the village. And no person shall be elected or appointed to any

6 office in the village who has been or is a defaulter to the vil-

7 lage or to any board of officers thereof, or to any school dis-

8 trict, county, or other municipal corporation of the state. All

9 votes for or any appointment of any such defaulter shall be

10 void. All officers THE COUNCIL BY RESOLUTION MAY WAIVE RESI-

11 DENCY OF AN APPOINTIVE OFFICER.

12 (2) A PERSON IN DEFAULT TO THE VILLAGE IS NOT ELIGIBLE FOR

13 ANY OFFICE IN THE VILLAGE. ALL VOTES IN AN ELECTION FOR OR ANY

14 APPOINTMENT OF A PERSON IN DEFAULT TO THE VILLAGE ARE VOID. AS

15 USED IN THIS SUBSECTION, "IN DEFAULT" MEANS DELINQUENT IN PAYMENT

16 OF PROPERTY TAXES OR A DEBT OWED TO THE VILLAGE IF 1 OF THE FOL-

17 LOWING APPLIES:

18 (A) A PENALTY OR INTEREST IS DUE ON THE TAXES OR DEBT.

19 (B) A LIEN FOR THE TAXES OR DEBT HAS BEEN IMPOSED BY THE

20 VILLAGE ON THE PROPERTY OF THE TAXPAYER AND THE LIEN IS NOT IN

21 THE APPEALS PROCESS.

22 (3) NOT MORE THAN 30 DAYS AFTER RECEIVING NOTICE OF HIS OR

23 HER ELECTION OR APPOINTMENT, AN OFFICER of the village , elected

24 or appointed, shall take and subscribe the oath of office pre-

25 scribed by the constitution of the state BY THE NEXT REGULAR

26 MEETING OF THE COUNCIL AFTER CERTIFICATION OF THE ELECTION, and

27 file the same OATH with the clerk. , and in case of failure to

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1 do so, within 10 days after receiving notice of their election or

2 appointment, shall be deemed AN OFFICER WHO FAILS TO COMPLY WITH

3 THE REQUIREMENTS OF THIS SUBSECTION SHALL BE CONSIDERED to have

4 declined the office.

5 Sec. 11. If any officer shall cease to be a resident of the

6 village during his OR HER term of office, the office shall be

7 thereby vacated UNLESS THE COUNCIL WAIVES RESIDENCY OF AN

8 APPOINTED OFFICER PURSUANT TO SECTION 7 OF THIS CHAPTER. If any

9 officer shall be a defaulter IS ALLEGED TO BE IN DEFAULT AS

10 DEFINED IN SECTION 7 OF THIS CHAPTER, the office shall thereby

11 be DECLARED vacated BY THE COUNCIL UPON A HEARING AND FINDING BY

12 THE COUNCIL THAT THE OFFICER IS IN DEFAULT.

13 Sec. 12. If any person elected or appointed to office

14 shall fail to take and file the oath of office, or shall fail

15 FAILS to give OR MAINTAIN the bond or security required for the

16 due performance of the duties of his OR HER office, within the

17 time herein limited therefor, the council may SPECIFIED UNDER

18 SECTION 8 OR 9 OF THIS CHAPTER, THE COUNCIL SHALL declare the

19 office vacant, unless previously thereto he shall file the oath

20 and give THE OFFICER GIVES the requisite bond or security BEFORE

21 THE COUNCIL MAKES ITS DECLARATION.

22 Sec. 13. Any vacancy occurring in the office of president,

23 trustee, or any other elective office shall be filled by appoint-

24 ment by the council, and the appointee shall hold office until

25 the next annual REGULAR VILLAGE election. All vacancies in any

26 other office shall be filled by the president, by and with the

27 consent of the council. If by reason of removal, death,

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1 resignation, or otherwise, the membership of the council is

2 reduced to less than the quorum of 4, the remaining members of

3 the council shall call a special election for the purpose of

4 filling all vacancies in the office of trustee, if a petition

5 signed by not less than 10% of the qualified voters of the vil-

6 lage is filed with the village clerk within 10 days after the

7 vacancy or vacancies occur. If a petition is not filed within

8 the time stated, then the remaining members of the council may

9 either call a special election, or may proceed to appoint a suf-

10 ficient number of trustees to constitute with the members in

11 office a quorum of the council, who shall then fill the remaining

12 vacancies as provided in this section. If all the officers and

13 trustees of any A village incorporated under any general or

14 local act have died or removed from the village, and no succes-

15 sors have been elected or appointed to fill the vacancies, the

16 township clerk of the township within which the village is situa-

17 ted shall, upon petition of 10% of the qualified voters residing

18 in the village, call a special election for the election of the

19 officers and trustees of the village, at a date and place to be

20 fixed by the township clerk, which date shall be not more than 30

21 days after the receipt of the petition. The township board of

22 the township shall perform all of the other duties with respect

23 to the election as the village council might have done had the

24 vacancies not existed, including the preparation of ballots, the

25 appointment of election inspectors, the counting and canvassing

26 of the ballots, and the certification of the persons elected to

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1 the offices for which the election was held. All of the expenses

2 of the election shall be a charge upon the village.

3 Sec. 14. The resignation or removal of any AN officer

4 shall not, nor shall OR the appointment or election of another

5 to the office, exonerate such A SUCCESSOR TO THE OFFICER DOES

6 NOT EXONERATE THE officer or his THE OFFICER'S sureties from

7 any liability incurred by him or them THE OFFICER OR THE

8 OFFICER'S SURETIES.

9 Sec. 15. Whenever any officer shall resign or be WHEN AN

10 OFFICER RESIGNS OR IS removed from office, or WHEN the ELECTED

11 term for which he shall have been elected or appointed shall

12 expire, he OF OFFICE EXPIRES, HE OR SHE shall , on demand,

13 deliver over to his OR HER successor in office , all the books,

14 papers, moneys, and effects in his custody as such officer, and

15 in any way appertaining to his office; and every person wilfully

16 violating this provision shall be deemed guilty of a misdemeanor,

17 and may be proceeded against in the same manner as public offi-

18 cers generally for the like offense under the general laws of

19 this state, now or hereafter in force and applicable thereto; and

20 every officer appointed or elected shall be deemed an officer

21 within the meaning and provisions of such general laws of the

22 state. MONEY, EVIDENCE OF DEBT, AND OTHER PROPERTY AS REQUIRED

23 BY SECTION 480 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

24 750.480.

25 CHAPTER III--ELECTIONS.

26 Sec. 2. Special elections may be appointed CALLED by

27 resolution of the council. , and held at such times as they

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1 shall determine, THE RESOLUTION SHALL STATE the purpose and

2 object of which shall be fully set forth in the resolution

3 appointing such AND, SUBJECT TO THE ELECTION LAWS OF THIS STATE,

4 THE DATE OF THE election.

5 SEC. 3. (1) EXCEPT AS PROVIDED IN THIS SECTION, VILLAGE

6 ELECTIONS SHALL BE PARTISAN. THE COUNCIL BY A VOTE OF 2/3 OF THE

7 MEMBERS MAY PROVIDE BY ORDINANCE THAT VILLAGE ELECTIONS SHALL BE

8 NONPARTISAN. THE ORDINANCE SHALL APPLY BEGINNING WITH THE FIRST

9 VILLAGE ELECTION FOR WHICH THE NOMINATION DEADLINE IS NOT LESS

10 THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THE ORDINANCE.

11 (2) THE COUNCIL SHALL PROVIDE THAT AN ORDINANCE ADOPTED

12 UNDER SUBSECTION (1) TAKES EFFECT 45 DAYS AFTER THE DATE OF ADOP-

13 TION UNLESS A PETITION SIGNED BY NOT LESS THAN 10% OF THE REGIS-

14 TERED ELECTORS OF THE VILLAGE IS FILED WITH THE VILLAGE CLERK

15 WITHIN THE 45-DAY PERIOD, IN WHICH CASE THE ORDINANCE TAKES

16 EFFECT UPON APPROVAL AT AN ELECTION HELD ON THE QUESTION. NOTICE

17 OF THE DELAYED EFFECT OF THE ORDINANCE AND THE RIGHT OF PETITION

18 UNDER THIS SUBSECTION SHALL BE PUBLISHED SEPARATELY AT THE SAME

19 TIME, AND IN THE SAME MANNER, AS THE ORDINANCE IS PUBLISHED PUR-

20 SUANT TO SECTION 4 OF CHAPTER VI. THE VILLAGE CLERK SHALL VERIFY

21 THE SIGNATURES ON THE PETITIONS. IF A PETITION BEARING THE

22 REQUIRED NUMBER OF VALID SIGNATURES OF ELECTORS IS FILED, THE

23 QUESTION OF ADOPTION OF THE ORDINANCE SHALL BE SUBMITTED AT THE

24 NEXT GENERAL OR SPECIAL ELECTION. THE BALLOT LANGUAGE FOR THE

25 QUESTION SHALL BE PREPARED BY THE VILLAGE CLERK.

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1 (3) A VILLAGE THAT HAS ADOPTED AN ORDINANCE PROVIDING FOR

2 NONPARTISAN ELECTIONS MAY REVERT TO PARTISAN ELECTIONS BY THE

3 SAME PROCESS AS PROVIDED IN SUBSECTIONS (1) AND (2).

4 SEC. 4. AN INDIVIDUAL WHO IS A REGISTERED ELECTOR OF THE

5 TOWNSHIP IN WHICH THE VILLAGE IS LOCATED AND WHO IS A RESIDENT OF

6 THE VILLAGE MAY VOTE AT ANY ELECTION IN THE VILLAGE.

7 Sec. 7. All elections in said THE village shall be con-

8 ducted as nearly as may be in the manner provided by law for

9 holding general elections in the state, except as herein other-

10 wise provided; and the inspectors of such election shall have the

11 same powers and authority for the preservation of order, and for

12 enforcing obedience to their lawful commands during the time of

13 holding the election and the canvass of the votes, as are con-

14 ferred by law upon inspectors of general elections held in this

15 state PROVIDED IN THIS ACT. If at any election vacancies are to

16 be filled, or if any person is to be elected for less than a full

17 term of office, the term shall be designated on the ballot.

18 CHAPTER IV--DUTIES OF OFFICERS.

19 Sec. 1. The president is the chief executive officer of the

20 village. He or she shall preside at the meetings of the

21 council. The president shall be considered IS a VOTING member

22 of the council. , and shall have the right to vote upon any

23 question before the council. He or she shall from time to time

24 THE PRESIDENT SHALL give the council information concerning the

25 affairs of the corporation VILLAGE, and recommend measures

26 which he or she considers expedient. Unless otherwise provided

27 in an ordinance adopted under section 8 of chapter V, the

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1 president shall exercise supervision over the affairs of the

2 village and over the public property belonging to the village.

3 The president shall see that the laws relating to the village and

4 the ordinances and regulations of the council are enforced.

5 Sec. 2. The president shall be IS a conservator of the

6 peace , and may exercise within the village the powers con-

7 ferred upon sheriffs to suppress disorder. ; and shall have

8 authority to THE PRESIDENT MAY command the assistance of all

9 able-bodied citizens to aid in the enforcement of the ordinances

10 of the council , and to suppress riot and disorderly conduct.

11 Sec. 3. The president may SUSPEND ANY OFFICER AUTHORIZED BY

12 THIS ACT OR APPOINTED PURSUANT TO THIS ACT FOR NEGLECT OF DUTY,

13 AND WITH THE APPROVAL OF THE COUNCIL remove any officer appointed

14 by the president at any time COUNCIL when the president consid-

15 ers it in the public interest. and may suspend any police offi-

16 cer for neglect of duty. The president has the authority at all

17 times to MAY AT ANY TIME examine and inspect the books, records,

18 and papers of any agent, employee, or officer of the

19 corporation VILLAGE, and shall perform generally all such

20 duties as are prescribed by the ordinances of the village.

21 This section is subject to an ordinance adopted under section 8

22 of chapter V.

23 Sec. 5. (1) The clerk shall keep the corporate seal and all

24 the documents, official bonds, papers, files, and records of the

25 village, not by this act or the ordinances of the village

26 entrusted to some other officer. ; he shall be THE CLERK IS THE

27 clerk of the council , and shall attend its meetings.

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1 (2) In case of the absence of the clerk, or if from any

2 cause he shall be THE CLERK IS unable to discharge, or be IS

3 disqualified from performing, the HIS OR HER duties, required

4 of him, then the council may appoint 1 of their own number A

5 COUNCIL MEMBER, or some other person, to perform the duties of

6 the clerk for the time being.

7 (3) The clerk shall record all the proceedings and resolu-

8 tions of the council, and shall record, or cause to be recorded,

9 all the ordinances of the village. He

10 (4) THE CLERK shall countersign and register all licenses

11 granted. ; he shall, when required, make and certify, under the

12 seal of the village, copies

13 (5) WHEN REQUIRED, THE CLERK SHALL MAKE REPRODUCTIONS PURSU-

14 ANT TO THE RECORDS MEDIA ACT, 1992 PA 116, MCL 24.401 TO 24.403,

15 of the papers and records filed and kept in his OR HER office ;

16 and such copies shall be evidence in all places of the matters

17 therein contained, to the same extent as the original would be.

18 He shall possess and exercise the powers of the township clerk so

19 far as the same are required to be performed within the village,

20 except as to the filing of chattel mortgages; and he shall have

21 authority to AND SHALL CERTIFY THE REPRODUCTIONS UNDER THE SEAL

22 OF THE VILLAGE. THE ADMISSIBILITY IN EVIDENCE OF SUCH REPRODUC-

23 TIONS IS GOVERNED BY SECTION 3 OF 1964 PA 105, MCL 691.1103.

24 (6) THE CLERK MAY administer oaths and affirmations.

25 Sec. 6. (1) The clerk shall be the general accountant of

26 the village. ; and all claims

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1 (2) CLAIMS against the corporation VILLAGE shall be filed

2 with him THE CLERK for adjustment. After examination,

3 thereof, he THE CLERK shall report the same, with all CLAIMS,

4 WITH THE accompanying vouchers and counterclaims of the village,

5 and the true balance, as found by him, to the council for

6 allowance. , and when allowed shall draw his warrant upon AFTER

7 THE CLAIMS ARE ALLOWED BY THE COUNCIL, THE CLERK SHALL PRESENT

8 CHECK DISBURSEMENT AUTHORIZATIONS TO the treasurer for the pay-

9 ment thereof OF THE CLAIMS, designating thereon the fund from

10 which payment is to be made, and take proper receipts. therefor;

11 but no warrant shall be drawn upon any

12 (3) THE CLERK SHALL NOT PRESENT CHECK DISBURSEMENT AUTHORI-

13 ZATIONS UPON A fund after the same has been FUND IS exhausted.

14 When any A tax or money shall be IS levied, raised, or appro-

15 priated, the clerk shall report the amount thereof to the vil-

16 lage treasurer, stating the objects and funds for which it is

17 levied, raised, or appropriated, and the amounts thereof to be

18 credited to each fund.

19 Sec. 7. The UNLESS OTHERWISE PROVIDED BY ORDINANCE, THE

20 clerk shall have DO ALL OF THE FOLLOWING:

21 (A) HAVE charge of all the books, vouchers, and documents

22 relating to the accounts, contracts, debts, and revenues of the

23 corporation. ; he shall countersign

24 (B) COUNTERSIGN and register all bonds issued, and keep a

25 list of all property and effects belonging to the village, and

26 of all its debts and liabilities. ; he shall keep

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1 (C) KEEP a complete set of books, exhibiting the financial

2 condition of the corporation VILLAGE in all its departments,

3 funds, resources, and liabilities, with a proper classification,

4 thereof, and showing the purpose for which each fund was

5 raised. ; he shall also keep an account with the treasurer, in

6 which he shall charge him with all the moneys

7 (D) KEEP AN ACCOUNT OF ALL THE MONEY received for each of

8 the several funds of the village, and credit him with all war-

9 rants drawn thereon ALL CHECK DISBURSEMENTS DRAWN, keeping an

10 account with each fund.

11 Sec. 9. The treasurer shall have DO ALL OF THE

12 FOLLOWING:

13 (A) HAVE the custody of all moneys MONEY, bonds other than

14 official BONDS FILED WITH THE CLERK UNDER CHAPTER II, mortgages,

15 notes, leases, and evidences of value belonging to the village.

16 ; he shall receive all moneys

17 (B) RECEIVE ALL MONEY belonging to, and receivable by the

18 corporation. , and keep

19 (C) KEEP an account of all receipts and expenditures.

20 thereof; he shall pay no money out of the treasury, except in

21 pursuance of, and by authority of law, and upon warrants signed

22 by the clerk and president, which shall specify the purpose for

23 which the amounts thereof are to be paid; he shall collect

24 (D) COLLECT and keep an account of and be charged with all

25 taxes and moneys MONEY appropriated, raised, or received for

26 each fund of the corporation VILLAGE, and shall keep a

27 separate account of each fund. , and shall credit thereto all

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1 moneys raised, paid in, or appropriated therefor, and shall pay

2 every warrant

3 (E) PAY CHECK DISBURSEMENT AUTHORIZATIONS out of the partic-

4 ular fund raised for the purpose for which the warrant was

5 issued DISBURSEMENT WAS AUTHORIZED.

6 (F) PERFORM DUTIES PRESCRIBED BY THIS ACT RELATING TO

7 ASSESSING PROPERTY AND LEVYING TAXES.

8 Sec. 10. The treasurer shall render REPORT to the clerk

9 on the first Monday of every month, if required, a report of

10 the amounts received and credited by him to each fund, and on

11 what account received, and the amounts paid out by him from

12 each fund during the preceding month, and the amount of money

13 remaining in each fund on the day of his THE report. He THE

14 TREASURER shall also exhibit to the council annually on the

15 first Monday in March WITHIN 45 DAYS AFTER THE END OF THE FISCAL

16 YEAR, and as often and for such period as the council shall

17 require, a full and detailed account of the receipts and dis-

18 bursements of the treasury since the date of his THE

19 TREASURER'S last annual report, classifying them therein by the

20 funds to which such THE receipts are credited and out of which

21 such THE disbursements are made, and the balance remaining in

22 each fund. ; which account shall be filed in the office of the

23 clerk, and shall be published in 1 of the newspapers of the vil-

24 lage, if any be published therein.

25 Sec. 11. Said THE treasurer shall take vouchers for all

26 money paid from the treasury, showing the amount and fund from

27 which payment was made. , which vouchers upon settlement UPON

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1 SETTLEMENT OF THE VOUCHERS with the proper officers of the

2 village, shall be surrendered and filed THE TREASURER SHALL

3 FILE THE VOUCHERS with the clerk.

4 Sec. 12. The treasurer shall keep all moneys in his hands

5 belonging to the village separate and distinct from his own

6 moneys, and he is hereby prohibited from using VILLAGE MONEY IN

7 DEPOSITORY ACCOUNTS AUTHORIZED BY LAW. THE TREASURER SHALL NOT

8 USE, either directly or indirectly, the corporation moneys

9 VILLAGE MONEY, warrants, or evidences of debt in his custody or

10 keeping, for his OR HER own use or benefit, or that of any other

11 person. ; any violation of the provisions of this section shall

12 work a forfeiture of his office, and the council, on ON proof of

13 the fact VIOLATION, are authorized to THE VILLAGE COUNCIL

14 SHALL declare the office vacant and appoint his A successor for

15 the remainder of his THE term.

16 Sec. 21. The president and each trustee shall receive com-

17 pensation for the performance of the duties of the office of

18 president or trustee only as provided by ordinance. The ordi-

19 nance shall specify the manner and method that HOW the compen-

20 sation is due and payable. Said DETERMINED DUE AND PAID.

21 EXCEPT AS OTHERWISE PROVIDED BY LAW, THESE officers shall receive

22 no other compensation for services performed for and on behalf of

23 said THE village during their term of office. Except as other-

24 wise provided in this act or by other law regulating fees for

25 services, other officers shall receive such compensation as may

26 be prescribed by the council.

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1 CHAPTER V--VILLAGE COUNCIL.

2 Sec. 1. The legislative authority of villages shall be

3 vested in a council consisting of the president and trustees

4 THE COUNCIL.

5 Sec. 2. The president shall be president of the council,

6 and preside at the meetings thereof OF THE COUNCIL.

7 Sec. 3. On the second Monday in April in each year, or as

8 soon thereafter as may be POSSIBLE, the council shall appoint 1

9 of their number president pro tempore of the council, who in the

10 absence of the president shall preside at the COUNCIL meetings,

11 thereof, and exercise the powers and duties of president. In

12 the absence of the president and president pro tem. the council

13 shall appoint 1 of their number to preside TEMPORE, THE MEMBER

14 WITH THE LONGEST CURRENT PERIOD OF CONTINUOUS SERVICE ON THE

15 COUNCIL SHALL PRESIDE UNLESS OTHERWISE PROVIDED BY COUNCIL

16 RULES.

17 Sec. 5. (1) The council shall prescribe the rules of its

18 own proceedings, and shall keep a record of those proceedings. A

19 majority of the members ELECTED AND SERVING shall be a quorum for

20 the transaction of business. A lesser number may adjourn and

21 compel the attendance of absent members in a manner as prescribed

22 by ordinance. FOUR CONSECUTIVE UNEXCUSED ABSENCES BY A MEMBER

23 SHALL CONSTITUTE A VIOLATION OF THE OATH OF OFFICE.

24 (2) An office shall not be created or abolished; a tax or

25 assessment imposed; a street, alley, or public ground vacated;

26 real estate or an interest in real estate purchased, leased,

27 sold, or disposed of; or a public improvement ordered, except by

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1 a concurring MAJORITY vote of 2/3 of the members ELECTED AND

2 SERVING. The vote shall be taken by yeas and nays, and entered

3 in the journal.

4 (3) Money shall not be appropriated except by ordinance or

5 resolution of the council. An ordinance appropriating money

6 shall not be passed, or a resolution appropriating money shall

7 not be adopted, except by a concurring MAJORITY vote of 2/3

8 of the members ELECTED AND SERVING. THE VOTE SHALL BE TAKEN BY

9 YEAS AND NAYS, AND ENTERED IN THE JOURNAL. Within 15 days after

10 a meeting of the council, the proceedings had or taken at the

11 meeting, together with the vote of the members, shall be pub-

12 lished in a newspaper circulated in the village, if there is a

13 newspaper circulated in the village A SYNOPSIS OF THE PROCEED-

14 INGS PREPARED BY THE CLERK AND APPROVED BY THE PRESIDENT SHOWING

15 THE SUBSTANCE OF EACH SEPARATE DECISION OF THE COUNCIL SHALL BE

16 PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE VILLAGE OR

17 POSTED IN 3 OF THE MOST PUBLIC PLACES IN THE VILLAGE.

18 (4) (2) A writing prepared, owned, used, in the possession

19 of, or retained by a village THE council or BY the village

20 clerk, treasurer, marshal, or street commissioner OR OTHER

21 OFFICER OF THE VILLAGE in the performance of an official function

22 shall be made available to the public in compliance with the

23 freedom of information act, Act No. 442 of the Public Acts of

24 1976, being sections 15.231 to 15.246 of the Michigan Compiled

25 Laws 1976 PA 442, MCL 15.231 TO 15.246.

26 Sec. 7. (1) The council shall audit and allow all accounts

27 chargeable against the village. ; but no AN account or claim or

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1 contract shall NOT be received for audit or allowance , unless

2 it shall be IS accompanied with a certificate of an officer of

3 the corporation VILLAGE, or an affidavit of the person render-

4 ing it, to the effect that he verily believes that the services

5 therein charged have been actually performed or the property

6 delivered for the village, that the sums charged therefor are

7 reasonable and just, and that to the best of his OR HER knowledge

8 and belief, no set-off exists, nor AND NO payment has been made

9 on account thereof, except such SET-OFFS OR PAYMENTS as are

10 endorsed or referred to in such THE account or claim. And

11 every such EACH account shall exhibit in detail all the items

12 making up the amount claimed, and the true date of each. THE

13 COUNCIL MAY ADOPT A DIFFERENT PROCEDURE FOR THE AUDIT AND ALLOW-

14 ANCE OF ACCOUNTS, CLAIMS, AND CONTRACTS THAN THAT PROVIDED BY

15 THIS SUBSECTION.

16 (2) It shall be a sufficient defense in any court, to any

17 AN action or proceeding for the collection of any demand or

18 claim against the village for personal injuries or otherwise that

19 it has never been presented, certified to, or verified as

20 aforesaid, to the council for allowance AS PROVIDED IN THIS SEC-

21 TION OR AS MAY BE REQUIRED UNDER DIFFERENT PROCEDURES ADOPTED BY

22 THE COUNCIL; or, if such THE claim is founded on contract, that

23 the same CLAIM was presented without the certificate or affida-

24 vit aforesaid and REQUIRED BY THIS SECTION AND WAS rejected for

25 that reason; or, that the action or proceeding was brought before

26 the council had a reasonable time to investigate and pass upon

27 it.

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1 Sec. 8. (1) The council may employ a village manager.

2 (2) The manager shall serve at the pleasure of the council.

3 (3) THE COUNCIL MAY ENTER INTO AN EMPLOYMENT CONTRACT WITH A

4 VILLAGE MANAGER EXTENDING BEYOND THE TERMS OF THE MEMBERS OF THE

5 COUNCIL. AN EMPLOYMENT CONTRACT WITH A MANAGER SHALL BE IN WRIT-

6 ING AND SHALL SPECIFY THE COMPENSATION TO BE PAID TO THE MANAGER,

7 ANY PROCEDURE FOR CHANGING COMPENSATION, ANY FRINGE BENEFITS, AND

8 ANY OTHER CONDITIONS OF EMPLOYMENT. THE CONTRACT SHALL STATE

9 THAT THE MANAGER SERVES AT THE PLEASURE OF THE COUNCIL. THE CON-

10 TRACT MAY PROVIDE FOR SEVERANCE PAY OR OTHER BENEFITS IN THE

11 EVENT THE EMPLOYMENT OF THE MANAGER IS TERMINATED AT THE PLEASURE

12 OF THE COUNCIL. Unless otherwise provided by ordinance adopted

13 under subsection (2) (4), the council may assign to the manager

14 only those powers and duties not required by law to be assigned

15 to or performed by another official of the village.

16 (4) (2) The council may adopt an ordinance assigning to

17 the manager an administrative duty imposed by this act on the

18 council; an administrative duty imposed by this act on the vil-

19 lage president; the authority to appoint, remove, direct, or

20 supervise any employee or appointed official of the village; or

21 supervisory responsibility over the accounting, budgeting, per-

22 sonnel, purchasing, and related management functions imposed by

23 this act on the village clerk and the village treasurer. The

24 assignment of responsibilities to the manager becomes effective

25 upon adoption of the ordinance, except that the council shall

26 provide in the ordinance that the assignment becomes effective

27 45 days after the date of adoption and that if a petition signed

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25

1 by not less than 10% of the registered electors of the village is

2 filed with the village clerk within the 45-day period, the ordi-

3 nance shall not become effective until after the ordinance is

4 approved at an election held on the question. Notice of the

5 delayed effect of the ordinance and the right of petition under

6 this subsection shall be published separately at the same time,

7 and in the same manner, as the ordinance is published pursuant to

8 section 4 of chapter VI. The village clerk shall compare the

9 signatures on the petitions to the signatures of those electors

10 as they appear on the registration cards of the village. If a

11 petition bearing the required number of valid signatures of elec-

12 tors is filed, the clerk shall perform the acts required for the

13 submission of the question of adoption of the ordinance at the

14 next general or special election. An ordinance adopted before

15 the effective date of this subsection DECEMBER 2, 1985 that

16 conforms substantially with the requirements of this subsection

17 is valid to the same extent as if the ordinance had been adopted

18 after the effective date of this subsection ON OR AFTER

19 DECEMBER 2, 1985.

20 CHAPTER VI--ORDINANCES.

21 Sec. 1. The style of an ordinance shall be: "The village

22 of ........................ ordains." An ordinance, except as

23 otherwise provided in this act, requires for its passage the con-

24 currence of a majority of the MEMBERS SERVING ON THE council. An

25 ordinance SHALL STATE ITS EFFECTIVE DATE, WHICH MAY BE UPON PUB-

26 LICATION, EXCEPT THAT AN ORDINANCE imposing a sanction shall not

27 take effect in less than 20 days BEFORE THE TWENTIETH DAY after

05064'97
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1 its passage OR BEFORE THE DATE OF ITS PUBLICATION, WHICHEVER

2 OCCURS FIRST.

3 Sec. 3. All ordinances, when regularly enacted, UPON

4 ENACTMENT, EACH ORDINANCE shall be recorded by the clerk of the

5 council , in a book to be called "the record of ordinances,"

6 and it shall be the duty of the president and clerk to authen-

7 ticate the same by their official signatures upon such record

8 SHALL AUTHENTICATE EACH ORDINANCE BY PLACING HIS OR HER OFFICIAL

9 SIGNATURE UPON THE ORDINANCE.

10 Sec. 3a. Each village shall have the power, whether pro-

11 vided in its charter or not, to A VILLAGE MAY codify, recodify,

12 and continue in code the village's municipal ordinances, in

13 whole or in part, without the necessity of publishing the entire

14 code in full. The ordinance adopting the code and ordinances

15 repealing, amending, continuing, or adding to the code shall be

16 published as required by law provided that notification states

17 SECTION 4 OF THIS CHAPTER. THE PUBLICATION SHALL STATE where a

18 copy of the entire code can be reviewed and obtained. The ordi-

19 nance adopting the code may amend, repeal, revise, or rearrange

20 ordinances or parts of ordinances by references to the title

21 only.

22 Sec. 4. Within 15 days after the passage of an ordinance,

23 the ordinance or a synopsis of the ordinance shall be published

24 in a newspaper circulated in the village. Immediately after pub-

25 lication, the clerk shall enter in the record of ordinances, in a

26 blank space to be left for that purpose under the record of the

27 ordinance, a certificate under the clerk's hand, stating the time

05064'97
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1 and places of the publication. The certificate shall be prima

2 facie evidence of the due publication of the ordinance or the

3 synopsis. A village may adopt a plumbing code, electrical code,

4 or MECHANICAL CODE, FIRE PROTECTION CODE, building code, which

5 has been OR OTHER CODE promulgated by this state, by a depart-

6 ment, board, or other agency of this state, or by an organization

7 or association which is organized or conducted for the purpose of

8 developing a code by reference to the code in an adopting ordi-

9 nance and without publishing the code in full. The code shall be

10 clearly identified in the ordinance and a statement of the pur-

11 pose of the code shall be published with the adopting ordinance.

12 Printed copies of the code shall be kept in the office of the

13 village clerk available for inspection by and OR distribution

14 TO THE PUBLIC DURING NORMAL BUSINESS HOURS. THE VILLAGE MAY

15 CHARGE A REASONABLE FEE FOR COPIES OF THE CODE DISTRIBUTED to the

16 public. at all times. The publication in the newspaper shall

17 contain a notice to the effect that a complete copy of the code

18 is available for public use and inspection at the office of the

19 village clerk.

20 Sec. 8. Every village shall be allowed the use of the jail

21 of the county in which it is located, for the confinement of all

22 persons liable SENTENCED to imprisonment under the ordinances

23 thereof OF THE VILLAGE, or under any of the provisions of this

24 act; and the sheriff, or other keeper of such THE jail, or

25 other place of confinement or imprisonment, shall receive and

26 safely keep any person committed thereto as aforesaid, until

27 lawfully discharged. In all cases of imprisonment for breaches

05064'97
28

1 of the penal laws of this state, such receiving and keeping in

2 such jail shall be at the expense of the county in which the vil-

3 lage is located; in all other cases it shall be at the expense of

4 the village. THE EXPENSE OF RECEIVING AND KEEPING A PRISONER

5 SHALL BE BORNE BY THE COUNTY IF THE IMPRISONMENT IS FOR A VIOLA-

6 TION OF A PENAL LAW OF THIS STATE AND BY THE VILLAGE IF THE

7 IMPRISONMENT IS FOR A VIOLATION OF A VILLAGE ORDINANCE.

8 Sec. 9. (1) An action for the violation of an ordinance

9 need not state or set forth the ordinance, or the provisions of

10 the ordinance in a complaint, warrant, process, or pleading, but

11 shall recite the ordinance's title OR SUBJECT and date of its

12 passage, adoption, or approval THE ORDINANCE'S SECTION NUMBER.

13 (2) It is a sufficient statement of the cause of action in a

14 complaint or warrant to set forth substantially, and with reason-

15 able certainty, as to time and place, the act complained of, and

16 to allege the act to be in violation of an ordinance of the vil-

17 lage, referring to the ordinance by its title and the date of

18 its passage, adoption, or approval SECTION NUMBER AND EFFECTIVE

19 DATE. Either party may require a trial by jury in an action for

20 violation of the ordinance.

21 (3) The jury, except when other provision is made, shall

22 consist of 6 persons. In actions commenced by warrant, the jury

23 shall be selected and summoned as in misdemeanor cases before the

24 court in which the prosecution for the village ordinance viola-

25 tion is brought. In a civil action to recover penalties for a

26 village ordinance violation, the jury shall be selected and

27 summoned as in any other civil action before the court in which

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1 the action is brought. An inhabitant of the village is not

2 incompetent to serve as a juror in a cause in which the village

3 is a party or interested, on account merely of the interest that

4 the inhabitant may have, in common with the inhabitants of the

5 village, in the results of the action.

6 (4) This section does not apply to an ordinance violation

7 that constitutes a civil infraction.

8 Sec. 11. The council shall have power to provide and main-

9 tain a village prison, and such watch or station houses as may

10 be necessary LOCKUP OR HOLDING FACILITY, and may provide for the

11 confinement therein of all persons liable OF PERSONS SENTENCED

12 to imprisonment or detention under the ordinances of the village.

13 , and for the employment of those imprisoned therein. All per-

14 sons sentenced to confinement in such prison, and all persons

15 imprisoned therein on execution for nonpayment of fines for vio-

16 lation of the ordinances of the village, may be kept at hard

17 labor during the term of their imprisonment, either within or

18 without the prison, under such regulations as the council may

19 prescribe.

20 Sec. 12. In all prosecutions for violations of the ordi-

21 nances of the village, commenced by any A person other than an

22 officer of the village, the court may require the

23 prosecutor COMPLAINING WITNESS to file security for the payment

24 of the costs of the proceedings, in case the defendant is

25 acquitted DETERMINED NOT TO BE RESPONSIBLE. But he shall not

26 be liable for the payment of the costs if the JUDGE OR

27 magistrate before whom the complaint is made or trial is had ,

05064'97
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1 shall certify in his minutes SHALL ORDER THAT THE COMPLAINING

2 WITNESS IS NOT LIABLE FOR THE PAYMENT OF COSTS IF THE MAGISTRATE

3 OR JUDGE DETERMINES that there was probable cause for the making

4 of such THE complaint.

5 Sec. 14. If any person who shall have received any such

6 fine or any part thereof, shall neglect to pay over the same pur-

7 suant to the foregoing provision, it shall be the duty of the

8 council to cause suit to be commenced immediately therefor, in

9 the name of the village, and to prosecute the same to effect.

10 Any person receiving any such fine, who shall willfully neglect

11 or refuse to pay over the same as required by the foregoing pro-

12 visions, shall be deemed guilty of a misdemeanor IF A PERSON WHO

13 COLLECTS A FINE OR PART OF A FINE FAILS TO PAY OVER THE AMOUNT

14 COLLECTED PURSUANT TO SECTION 13, THE VILLAGE ATTORNEY MAY SUE

15 THE PERSON IN THE NAME OF THE VILLAGE TO RECOVER THE FINE. IF

16 THE FAILURE TO PAY OVER THE FINE IS WILLFUL, THE PERSON IS GUILTY

17 OF LARCENY and shall be punished accordingly.

18 CHAPTER VII--POWERS OF COUNCIL.

19 Sec. 1. A village subject to this act has, in addition to

20 other powers that are conferred, the general power and authority

21 granted in this chapter. The council of a village subject to

22 this act may enact ordinances relating to the powers described in

23 this section as it considers proper, including, but not limited

24 to, ordinances relating to 1 or more of the following:

25 (1) UNLESS OTHERWISE PROVIDED OR LIMITED IN THIS CHARTER,

26 THE VILLAGE SHALL BE VESTED WITH ALL POWERS AND IMMUNITIES,

27 EXPRESSED OR IMPLIED, WHICH VILLAGES ARE, OR HEREAFTER MAY BE,

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1 PERMITTED TO EXERCISE UNDER THE CONSTITUTION AND LAWS OF THE

2 STATE OF MICHIGAN. THE ENUMERATION OF PARTICULAR POWERS OR IMMU-

3 NITIES IN THIS ACT IS NOT EXCLUSIVE.

4 (2) THE VILLAGE MAY DO ALL OF THE FOLLOWING:

5 (A) EXERCISE ALL MUNICIPAL POWERS IN THE MANAGEMENT AND CON-

6 TROL OF MUNICIPAL PROPERTY AND IN THE ADMINISTRATION OF THE

7 MUNICIPAL GOVERNMENT WHETHER SUCH POWERS ARE EXPRESSLY ENUMERATED

8 OR NOT.

9 (B) DO ANY ACT TO ADVANCE THE INTERESTS, GOOD GOVERNMENT,

10 AND PROSPERITY OF THE VILLAGE.

11 (C) THROUGH ITS REGULARLY CONSTITUTED AUTHORITY, PASS AND

12 ENFORCE ALL LAWS, ORDINANCES, AND RESOLUTIONS RELATING TO ITS

13 MUNICIPAL CONCERNS SUBJECT TO THE CONSTITUTION AND LAWS OF THE

14 STATE.

15 (3) THE POWERS OF THE VILLAGE UNDER THIS ACT SHALL BE LIBER-

16 ALLY CONSTRUED IN FAVOR OF THE VILLAGE AND SHALL INCLUDE THOSE

17 FAIRLY IMPLIED AND NOT PROHIBITED BY LAW OR CONSTITUTION.

18 (4) THE VILLAGE MAY DO ALL OF THE FOLLOWING, WHICH SPECIFIC

19 POWERS SHALL NOT BE CONSTRUED AS LIMITING THE GENERAL POWERS SET

20 FORTH IN SUBSECTIONS (1), (2), AND (3):

21 (a) To restrain and prevent vice and immorality.

22 (b) To punish vagrants, disorderly persons, and

23 prostitutes.

24 (c) To abate nuisances and preserve the public health.

25 (d) To prohibit and suppress disorderly houses. and gaming

26 houses.

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1 (e) To regulate, license, or suppress billiard tables and

2 ball alleys, public dance halls, and soft drink emporiums PLACES

3 OF ENTERTAINMENT OR GAMING.

4 (f) To suppress gaming GRANT FRANCHISES AND TO SET AND

5 ESTABLISH RATES AND REGULATIONS FOR GOODS OR SERVICES FURNISHED

6 PURSUANT TO THE GRANT OF THE FRANCHISE.

7 (g) To regulate and license public shows and exhibitions.

8 (h) To REGULATE AND license auctioneers, license and regu-

9 late hawkers and peddlers, BUSINESSES CONDUCTED IN THE VILLAGE,

10 INCLUDING, BUT NOT LIMITED TO, PUBLIC DANCE HALLS, VIDEO ARCADES,

11 AUCTIONEERS AND AUCTIONS, HAWKERS AND PEDDLERS, AND TRANSIENT

12 MERCHANTS AND to regulate or prohibit sales of property at auc-

13 tion except sales made pursuant to an order of a court or public

14 law, to require transient traders and dealers to obtain a license

15 before engaging in business, and to regulate by ordinance the

16 terms and conditions of issuing those licenses A COURT ORDER OR

17 PUBLICATION.

18 (i) To license and regulate hacks and other public

19 vehicles.

20 (j) To provide for and regulate the inspection of

21 provisions.

22 (J) (k) To regulate or prohibit bathing in the rivers,

23 ponds, streams, and waters BODIES OF WATER of the village.

24 (K) (l) To regulate or prohibit the selling, storing, or

25 transportation of combustible or explosive substances or materi-

26 als within the village, and to regulate and restrain the making

27 of fires in the streets or other open spaces in the village.

05064'97
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1 (l) (m) To provide for the organization and regulation of

2 a fire department, to provide for the prevention and extinguish-

3 ment of fires, and to establish and maintain definite fire

4 limits.

5 (M) (n) To license and regulate solicitors for passengers

6 or baggage for any hotel, tavern, public house, boat, or

7 railroad; , and draymen, carmen, truckmen, TO LICENSE AND

8 REGULATE porters, runners, drivers of cabs, hackney coaches,

9 omnibuses, carriages, sleighs, express vehicles, and other vehi-

10 cles used and employed for hire; , and to fix and regulate the

11 amount and rate of compensation of those individuals FARES.

12 (N) (o) To require horses, mules, or other animals

13 attached to any vehicle or standing in any street, lane, or alley

14 in the village to be securely fastened, hitched, watched, or

15 held.

16 (O) (p) To prevent and punish horse racing and

17 immoderate REGULATE driving in any A street, park, or alley

18 and to authorize the stopping and detaining of any person who is

19 immoderately driving or riding in any street, park, or alley in

20 the village.

21 (P) (q) To prevent the running at large of dogs ANIMALS,

22 to require dogs ANIMALS to be muzzled, and to authorize the

23 destruction of dogs ANIMALS found at large in violation of an

24 ordinance of the village.

25 (Q) (r) To establish lines and grades upon which buildings

26 may be erected, and beyond which buildings shall not extend.

05064'97
34

1 (R) (s) To prevent the erection and provide for the

2 removal of buildings considered unsafe.

3 (S) (t) To regulate the placement and provide for the pre-

4 servation of horse posts or hitching posts.

5 (T) (u) To declare and define the powers and duties of the

6 officers of the village whose powers and duties are not specifi-

7 cally prescribed in this act.

8 (v) To require the treasurer or marshal of the village, and

9 other officers of the village as the council considers proper to

10 give bonds for the discharge of their official duties.

11 (U) (w) To see that the officers of the village perform

12 their duties faithfully and that proper measures are taken to

13 punish neglect of duty by any officer of the village.

14 (V) (x) To provide for the care, custody, and preservation

15 of the public property of the village.

16 (W) (y) To investigate any matter that may come under the

17 jurisdiction of the village and that is pursuant to the authority

18 vested in the council or in any officer under this act. The

19 council by majority consent of the council members ELECTED AND

20 serving may serve upon a person a subpoena that has been autho-

21 rized by a court of proper jurisdiction in the county in which

22 the village is located compelling the person to appear before the

23 council or any committee of the council to be examined under oath

24 or to produce a document or object for inspection or copying. If

25 a person objects to or otherwise fails to comply with the written

26 notice served upon him or her, the council may file in that court

27 an action to enforce the subpoena. The court may issue an order

05064'97
35

1 requiring the person to appear to be examined or to produce a

2 document or object for inspection or copying. Failure to obey

3 the order of the court is punishable by the court as a contempt.

4 (X) (z) To adopt other ordinances and make other regula-

5 tions for the safety, GENERAL WELFARE, and good government of the

6 village and the general welfare of its inhabitants that are not

7 inconsistent with the general laws of this state.

8 (Y) (aa) To regulate or prohibit public nudity within vil-

9 lage boundaries. As used in this subdivision, "public nudity"

10 means knowingly or intentionally displaying in a public place, or

11 for payment or promise of payment by any person including, but

12 not limited to, payment or promise of payment of an admission

13 fee, any individual's genitals or anus with less than a fully

14 opaque covering, or a female individual's breast with less than a

15 fully opaque covering of the nipple and areola. Public nudity

16 does not include any of the following:

17 (i) A woman's breastfeeding of a baby CHILD OF BREASTFEED-

18 ING AGE whether or not the nipple or areola is exposed during or

19 incidental to the feeding.

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

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

22 Compiled Laws 1984 PA 343, MCL 752.362.

23 (iii) Sexually explicit visual material as defined in sec-

24 tion 3 of Act No. 33 of the Public Acts of 1978, being section

25 722.673 of the Michigan Compiled Laws 1978 PA 33, MCL 722.673.

26 Sec. 3. The council may provide and maintain 1 or more

27 pounds within the village; appoint, prescribe the powers and

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36

1 duties of, and fix the compensation of pound masters; and

2 authorize the impounding of animals found at large, contrary to

3 an ordinance of the village. If there is no pound or pound

4 master, the council may provide for the impounding of an animal

5 by the village marshal, in some suitable place, under his or her

6 immediate care and inspection and may confer on him or her the

7 powers and duties of pound master. The council may also pre-

8 scribe the fees for impounding an animal, and the amount or rate

9 of expenses for keeping an impounded animal, and the charges to

10 be paid by the owner or keeper of an impounded animal. The coun-

11 cil may authorize the sale of an impounded animal for the payment

12 of the fees, expenses, and charges, and for sanctions incurred,

13 and may impose sanctions for rescuing an animal impounded. THE

14 COUNCIL MAY MAINTAIN AN ANIMAL POUND AND PROVIDE FOR ALL OF THE

15 FOLLOWING:

16 (A) THE IMPOUNDMENT OF ANIMALS AT LARGE CONTRARY TO THE

17 TERMS OF AN ORDINANCE.

18 (B) THE DESTRUCTION OF ANIMALS NOT RETRIEVED OR FOR THEIR

19 SALE TO RECOVER EXPENSES.

20 (C) THE PAYMENT BY THE OWNER OF FEES, CHARGES, AND PENALTIES

21 INCURRED FOR RETRIEVAL OF THE ANIMAL.

22 Sec. 4. A village may acquire, purchase, and erect such

23 public buildings , as may be required for the use of the

24 corporation VILLAGE, and may purchase, appropriate, and own

25 such real estate as may be necessary for public grounds,

26 parks, markets, public buildings, and other purposes necessary or

27 convenient for the public good, and for the execution EXERCISE

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1 of the powers conferred in this act. Such buildings and grounds,

2 or any part thereof, may be sold at A public sale or private

3 sale, if pursuant to AUTHORIZED BY an ordinance, or MAY BE

4 leased. , as occasion may require. A public park shall not be

5 sold without the consent of a majority of the qualified elec-

6 tors of the village VOTING ON THE QUESTION AT AN ELECTION.

7 Sec. 5. When the council shall deem it for IF THE COUNCIL

8 CONSIDERS IT IN the public interest, grounds and buildings for

9 the village prison, hospital and pest-house, A VILLAGE LOCKUP

10 OR HOLDING FACILITY OR HOSPITAL may be purchased, erected, and

11 maintained beyond the corporate limits of the village. ; and in

12 such cases the council shall have authority to IN SUCH A CASE,

13 THE VILLAGE MAY enforce beyond the corporate limits of the vil-

14 lage, and over such lands, buildings and property, in the same

15 manner and to the same extent as if they were within the village,

16 all such ordinances and police regulations as may be neces-

17 sary for the care and protection thereof, and for the management

18 and control of the persons kept or confined in such prison,

19 pest-house THE LOCKUP OR HOLDING FACILITY or hospital.

20 Sec. 6. The council shall have authority to MAY lay out,

21 establish, or vacate and discontinue public parks and grounds

22 within the village, and to improve, light, and ornament the

23 same, and to PUBLIC PARKS AND GROUNDS WITHIN THE VILLAGE. THE

24 COUNCIL MAY regulate the use thereof, OF PUBLIC PARKS AND

25 GROUNDS and to protect the same and the PUBLIC PARKS AND

26 GROUNDS AND THEIR appurtenances thereof from obstruction,

27 encroachment, and injury.

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1 Sec. 7. The council shall have supervision and control of

2 all public highways, bridges, streets, avenues, alleys,

3 sidewalks, and public grounds within the village, and shall have

4 the like authority over the same as THESE THAT is given by

5 the general laws of the state. No A village subject to the

6 provisions of this act shall be IS NOT liable in damages sus-

7 tained by any person in such THE village, either to his OR HER

8 person or property, by reason of any A defective street, side-

9 walk, crosswalk, or public highway, or by reason of any A

10 obstruction, ice, snow or other incumbrance upon such A street,

11 sidewalk, crosswalk, or public highway, situated in such village

12 unless such person shall serve or cause WITHIN 120 DAYS AFTER

13 THE INJURY OCCURS A PERSON SERVES OR CAUSES to be served within

14 60 days after such injury shall have occurred a notice in writ-

15 ing upon the clerk or deputy clerk of such THE village. ,

16 which THE notice shall set forth substantially the time when and

17 place where such THE injury took place, the manner in which it

18 occurred, and the KNOWN extent of such THE injury, as far as

19 the same has become known, and that the person receiving such

20 THE injury intends to hold such THE village liable for such

21 damages as may have been sustained by him : Provided, That

22 OR HER. HOWEVER, the ROAD OR HIGHWAY bridges within the limits

23 of any A village incorporated under this act in the highways

24 leading into or through the said village which have been laid out

25 or shall hereafter be laid out by the commissioner of highways of

26 the township or townships in which said village may be located,

27 or laid out by any other authority other than that of said

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1 THE village, shall be built, controlled, and kept in repair by

2 the township or townships in which the same may be located, the

3 same as if said village were not incorporated and the fact that

4 any such highways are laid out and used as such at the time of

5 such incorporation of said village shall be deemed sufficient to

6 make the same township highways, and the township or townships in

7 which they may be located liable as aforesaid, and all COUNTY OR

8 THIS STATE, WHICHEVER HAS JURISDICTION. ALL other bridges in

9 said THE village shall be built, controlled, and kept in repair

10 by said THE village.

11 Sec. 9. The council may, either by ordinance or resolution,

12 cause and require the owners and occupants of any A lot or

13 premises to remove all snow and ice from the sidewalks in front

14 of or adjacent to the lot and premises, and to keep the sidewalks

15 free from obstructions, encroachments, incumbrances, filth, and

16 other nuisances. The council may by a 2/3 MAJORITY vote of

17 the members OF THE COUNCIL ELECTED AND SERVING provide by ordi-

18 nance for the rebuilding, maintaining, and keeping in repair of

19 all sidewalks within the village, for the removing of all ice and

20 snow from the sidewalks, and for keeping them free from incum-

21 brances, and may pay the expense thereof from the general

22 street fund, or from the street district fund of any street dis-

23 trict in which the sidewalk is located.

24 Sec. 10. If the owner or occupant of any A lot or

25 premises shall fail FAILS to construct or maintain any

26 particular A sidewalk, as mentioned and prescribed in the last

27 section, or shall fail to keep the same SIDEWALK in repair,

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1 or to remove the snow, ice, and filth therefrom FROM THE

2 SIDEWALK, or to remove and keep the same SIDEWALK free from

3 obstructions, encroachments, incumbrances, or other nuisances, AS

4 REQUIRED UNDER SECTION 8 OR 9 OF THIS CHAPTER, or shall fail to

5 perform any other duty required by the council in respect to

6 such sidewalks, within such time and such manner as the council

7 shall require A SIDEWALK, the council may cause the same WORK

8 to be done , and such sidewalk to be constructed or repaired,

9 at the expense of such THE owner or occupant, and the council

10 may cause the amount of all THE expenses incurred, thereby,

11 together with a penalty of 10% per cent in addition thereto, to

12 be reported to the board of special assessors, to be levied by

13 them as a special tax or assessment upon the lot or premises

14 adjacent to and abutting upon such THE sidewalk. , which THE

15 special assessment shall be IS subject to review after proper

16 notice has been given as in all other cases of special assess-

17 ments provided for by this act; and such tax when confirmed

18 LAW. WHEN CONFIRMED, THE ASSESSMENT shall be a lien upon such

19 THE lot or premises the same as other special assessments, and

20 the council shall order the assessor TREASURER of the village

21 to spread said THE amount, together with such THE penalty,

22 upon his THE roll as a special assessment upon such THE lot

23 or premises. , and the same THE ASSESSMENT shall be collected

24 in the same manner as other village taxes. ; or the THE village

25 may INSTEAD collect such THE amount, together with the penalty

26 aforesaid, from the owner or occupant of such premises in an

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1 action of assumpsit IN A CIVIL ACTION, together with costs of

2 suit.

3 Sec. 12. The council shall have power to MAY lay out,

4 establish, open, make, widen, extend, straighten, alter, close,

5 vacate, or abolish any A highway, street, lane, alley, side-

6 walk, sewer, drain, water course, bridge, or culvert in the vil-

7 lage whenever they shall deem the same IF THE COUNCIL CONSIDERS

8 IT TO BE a public improvement, or necessary for the public

9 convenience. ; and if in so doing it shall be necessary to take

10 or use private property, the same PRIVATE PROPERTY REQUIRED FOR

11 THESE PURPOSES may be taken in the manner provided in this act.

12 The expense of such THE improvement may be paid by special

13 assessments upon the property adjacent to or benefited by such

14 THE improvement, in the manner in this act provided BY LAW for

15 levying and collecting special assessments, or in the discretion

16 of the council, a portion of such costs and expenses may be paid

17 by special assessments as aforesaid ASSESSMENT, and the balance

18 from the general highway fund.

19 Sec. 13. When the council considers it advisable to vacate,

20 discontinue, or abolish a highway, street, lane, alley, or public

21 ground, or a part of a highway, street, lane, alley, or public

22 ground, it shall by resolution declare its intent and appoint a

23 time not less than 4 weeks after the date of the resolution, when

24 it shall meet and hear objections to the resolution. Notice of

25 the meeting, with a copy of the resolution, shall be given in the

26 manner prescribed by the open meetings act, Act No. 267 of the

27 Public Acts of 1976, being sections 15.261 to 15.275 of the

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1 Michigan Compiled Laws 1976 PA 267, MCL 15.261 TO 15.275. An

2 objection to the proposed action of the council may be filed with

3 the clerk in writing, and if an objection is filed, the highway,

4 street, lane, alley, or public ground, or a part of the highway,

5 street, lane, alley, or public ground, shall not be vacated or

6 discontinued, except BY A RESOLUTION OR ORDINANCE STATING, IF

7 APPLICABLE, THE NAME OF THE PLAT OR PLATS AFFECTED AND ADOPTED by

8 a MAJORITY vote of 2/3 of the members of the council ELECTED

9 AND SERVING OR BY ORDER OF THE CIRCUIT COURT IN THE COUNTY IN

10 WHICH THE LAND IS SITUATED AS PROVIDED BY THE LAND DIVISION ACT,

11 1967 PA 288, MCL 560.101 TO 560.293. THE CLERK OF THE MUNICIPAL-

12 ITY WITHIN 30 DAYS SHALL RECORD A CERTIFIED COPY OF THE RESOLU-

13 TION OR ORDINANCE WITH THE REGISTER OF DEEDS AND FILE A CERTIFIED

14 COPY WITH THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES.

15 Sec. 16. (1) Whenever the grade of any street or sidewalk

16 shall have been heretofore or shall hereafter be IS estab-

17 lished, and improvements shall thereafter be ARE made by the

18 owner or occupant of the adjacent property in conformity to

19 such THE grade, such THE grade shall not be changed without

20 compensation to the owner for all damages to such THE property

21 resulting therefrom, to be ascertained by a jury as provided in

22 chapter 13 of this act, or said damages may be ascertained and

23 FROM THE GRADE CHANGE. THE DAMAGES SHALL BE ASCERTAINED IN THE

24 MANNER PROVIDED BY THE UNIFORM CONDEMNATION PROCEDURES ACT, 1980

25 PA 87, MCL 213.51 TO 213.75, OR agreed upon by and between such

26 THE village and the owner or occupant of such premises.

27 Whenever such damage shall be AFTER THE DAMAGES ARE ascertained

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1 or agreed upon, as heretofore provided, such damages or such

2 part thereof as the council shall deem equitable and just, THE

3 DAMAGES shall be paid by the village, or the council may cause

4 such THE damages, or such part thereof as may be just and

5 proper, to be assessed upon such real estate as may TO be

6 benefited by reason of the change of such grade. , and when-

7 ever the council shall determine to assess such

8 (2) IF THE COUNCIL DECIDES TO ASSESS THE damages, or any

9 part thereof, upon the property benefited, it shall determine and

10 define a district in said THE village which in its judgment is

11 benefited by the improvement out of which said THE damages

12 arise. , and shall cause the same to be assessed upon such dis-

13 trict, which said assessment shall be upon the owners or occu-

14 pants of THE DAMAGES OR PART THEREOF SHALL BE ASSESSED UPON the

15 taxable real estate in said THE district, in proportion as

16 nearly as may be to the advantage or benefit each lot, parcel, or

17 subdivision is deemed to acquire by the improvement out of which

18 such THE damages arise. ; but the THE property on account of

19 which such THE damages were awarded shall not be included in

20 said THE district. The assessment shall be made, and the

21 amount levied and collected in the same manner as other assess-

22 ments on a district deemed to be benefited, in the grading and

23 improvement of streets, as provided for in this act BY LAW; and

24 all of the provisions of chapter 8 of this act VIII relative

25 to special assessments and the collection thereof, shall apply.

26 thereto. Such damages, when collected as aforesaid, or when

27 THE DAMAGES determined upon by the village , OR DETERMINED AND

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1 COLLECTED BY SPECIAL ASSESSMENT shall be paid to the person

2 entitled thereto TO THE DAMAGES.

3 Sec. 18. The expense of constructing and maintaining

4 bridges, and the whole, or such part as the council shall deter-

5 mine, of the expense of improving and working UPON THE STREETS

6 AND HIGHWAYS, including grading, PAVING, and graveling, upon the

7 streets and highways, may be paid from the general highway fund,

8 to be raised by tax upon all the property in the village. ; or,

9 the village may be divided into street districts, and a part of

10 the whole expense of improving and working the streets, in each

11 district may be paid from a street district fund, to be raised by

12 a tax upon the property in the district. The ALL OR PART OF THE

13 expense of grading, paving, OR graveling and planking any

14 street may ALSO be defrayed by a special assessment upon the lots

15 and premises abutting upon such THE improvement, in proportion

16 to their number of feet front upon the street. ; or a part of

17 such expense may be so paid, and the remainder may be paid from

18 the general highway fund, or from the street district fund, as

19 the council may decide. The lots and premises to be assessed

20 according to their frontage upon a street improvement as afore-

21 said, shall constitute a special assessment district. The term

22 paving shall include AS USED IN THIS SECTION, "PAVING" INCLUDES

23 curbing and the construction of cross walks CROSSWALKS in the

24 paved streets.

25 Sec. 19. When expenses for any such improvement shall be

26 assessed in a special assessment district, and there shall be

27 lands belonging to the village, school buildings, or other public

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1 buildings or public grounds not taxable, fronting upon such

2 improvement, such part of the expense of such improvement as in

3 the opinion of the council or board of assessors making the spe-

4 cial assessment would be justly apportionable to such public

5 grounds, buildings, and city property, and to any interior

6 squares or spaces formed by the intersection of streets, were

7 they taxable, shall be paid from the general highway fund, and

8 the balance of such expense shall be assessed upon the taxable

9 lots and premises included in the special assessment district, in

10 proportion to their number of feet frontage upon such

11 improvement. When such assessment is to be made upon lots in

12 proportion to their frontage upon the improvement, if from

13 ASSESSMENTS MADE UNDER SECTION 18 UPON EXEMPT PUBLIC LANDS MAY BE

14 PAID FROM THE GENERAL HIGHWAY FUND, OR MAY BE APPORTIONED TO THE

15 OTHER ASSESSABLE LOTS, AT THE OPTION OF THE COUNCIL. IF BECAUSE

16 OF the shape or size of any lot an assessment thereon in propor-

17 tion to its frontage would be unjust and disproportionate to the

18 assessment upon other lots, the council or board of assessors

19 making the assessment may assess such THE lot for such number

20 of feet frontage as in their opinion will be IS just.

21 Sec. 23. The council may regulate the use of public high-

22 ways, streets, avenues, and alleys of the village, subject to the

23 right of travel and passage therein. They shall have authority

24 to THE COUNCIL MAY prescribe the stands for all vehicles kept

25 for hire, or used for the transportation of persons or property

26 for hire; to designate the places where loads of wood, coal,

27 hay, and other articles may stand for sale; to regulate traffic

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1 and sales in the streets and upon sidewalks; to regulate or

2 prohibit the display, use, or placing of signs, advertisements,

3 banners, awnings, posts, poles, or lamps in or over the streets;

4 to regulate or prohibit all such sports, amusement

5 proceedings, and gatherings of crowds in the streets as THAT

6 may interfere with the lawful use thereof, or render travel or

7 passage therein inconvenient or unsafe; to prohibit and prevent

8 the running at large of beasts and fowls ANIMALS in the streets

9 or elsewhere in the village, and to impose penalties

10 SANCTIONS upon the owners or keepers thereof permitting the

11 same; to RESPONSIBLE; cleanse and purify the streets; , and to

12 prohibit, prevent, remove, and abate all nuisances therein, and

13 to require the authors and maintainers thereof to remove the

14 same, and to punish them IN THE STREETS, REQUIRE A PERSON CREAT-

15 ING OR MAINTAINING A NUISANCE TO REMOVE OR ABATE IT, SANCTION THE

16 PERSON for the creation or maintenance thereof OF THE NUISANCE,

17 and generally to prescribe and enforce all such police regu-

18 lations over and in respect to CONCERNING the public streets as

19 may be necessary to secure good order and safety to persons and

20 property in the THEIR lawful use thereof, and to promote the

21 general welfare. ; and in addition to all other powers herein

22 granted IN ADDITION, the council shall have the same authority

23 and powers over and in respect to the public streets of the vil-

24 lage as are conferred by law upon highway commissioners in

25 townships THE BOARD OF COUNTY ROAD COMMISSIONERS.

26 Sec. 24. The council of any village may establish,

27 construct, IMPROVE, and maintain SANITARY sewers, drains,

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1 DITCHES, STORM WATER SYSTEMS, WATER SUPPLY SYSTEMS, and

2 water-courses WATERCOURSES whenever and wherever necessary. ,

3 and THESE IMPROVEMENTS SHALL BE of such dimensions and materi-

4 als, and under such regulations as they may deem THE COUNCIL

5 CONSIDERS proper for the drainage of the village. ; and private

6 property, or the use thereof, PRIVATE PROPERTY may be taken

7 therefor in the manner provided by this act for taking private

8 property for public use. But in all cases where the council

9 shall deem CONSIDER it practicable, such sewer, drain, and

10 water-courses WATERCOURSES shall be constructed in the public

11 streets and grounds.

12 Sec. 25. The expense of constructing SANITARY sewers,

13 drains, DITCHES, STORM WATER SYSTEMS, WATER SUPPLY SYSTEMS, and

14 water courses WATERCOURSES may be paid by general tax upon

15 all the taxable property in the village; or the expenses may be

16 defrayed by special assessment upon the lands and premises bene-

17 fited by the drainage, in proportion to the benefits resulting

18 to each lot or parcel of land respectively; or such part of the

19 expense as the council shall determine may be defrayed by special

20 assessment, and the remainder may be paid by general tax.

21 Sec. 26. (1) Before proceeding to the construction of any

22 SANITARY sewer, drain, DITCH, STORM WATER SYSTEM, WATER SUPPLY

23 SYSTEM, or water-course, the expense or any WATERCOURSE ALL OR

24 part of the expense of which is to be defrayed by special assess-

25 ment, the council shall cause a map to be made of those lands and

26 premises which in their opinion will be benefited by the

27 drainage, and which they intend to assess for the cost. of the

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1 sewer or drain. Said THOSE lands shall constitute a sewer

2 SPECIAL ASSESSMENT district; and said THE map shall show the

3 boundaries and divisions of all the lots and premises in the dis-

4 trict, and the proposed route and location of the sewer

5 IMPROVEMENT through the same; also its THE DISTRICT, AND THE

6 depth, grade, and dimensions OF THE IMPROVEMENT. Said THE map,

7 with an estimate of the cost of the proposed work, shall be

8 deposited with the clerk, and notice shall be given by publica-

9 tion in a newspaper of the village for 2 weeks or by posting

10 copies of such notice for the same length of time 2 WEEKS, in 3

11 public places in the village, of the intention to construct the

12 sewer or drain IMPROVEMENT, and where the map and estimates

13 aforesaid can be found, and appointing a time when the council

14 will meet to hear any suggestions and objections from persons

15 interested or liable to be assessed for the work.

16 (2) THE SPECIAL ASSESSMENTS SHALL BE MADE IN THE MANNER PRO-

17 VIDED BY LAW.

18 Sec. 31. The council may charge and collect annually from

19 persons whose premises are connected by private drains with the

20 public sewers, such A reasonable sum , not exceeding 2 dollars

21 per year, as they may deem just, in proportion to the amount of

22 drainage through such THE private drain. ; and such THE

23 charge shall be a lien upon the premises, and may be collected by

24 special assessment. thereon.

25 Sec. 33. The expenses of repairing public SANITARY sewers,

26 DRAINS, ditches, STORM WATER SYSTEMS, WATER SUPPLY SYSTEMS, and

27 water-courses WATERCOURSES may be paid by general tax. The

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1 expenses of reconstructing public sewers THESE IMPROVEMENTS may

2 be defrayed in the manner herein prescribed IN THIS CHAPTER for

3 paying the expenses of the construction thereof CONSTRUCTING

4 SUCH IMPROVEMENTS.

5 Sec. 34. The council may enact such ordinances as may

6 be necessary for the protection and control of the public

7 SANITARY SEWERS, drains, and sewers DITCHES, STORM WATER SYS-

8 TEMS, WATER SUPPLY SYSTEMS, AND WATERCOURSES, and to carry into

9 effect the powers herein conferred IN THIS CHAPTER in respect

10 to the drainage of the village.

11 Sec. 38. The council shall have authority to provide MAY

12 DO ALL OF THE FOLLOWING:

13 (A) PROVIDE by ordinance for the preservation of the purity

14 of the waters of any harbor, river, or other waters within the

15 village. , to control

16 (B) CONTROL and regulate the anchorage, moorage, and manage-

17 ment of all boats, water-craft WATERCRAFT, and floats within

18 the jurisdiction of the village. ; and to regulate

19 (C) REGULATE and prescribe by such ordinances ORDINANCE,

20 or through a harbor master or other officer, such THE location

21 of any boat, craft, vessel, or float, and such THE changes of

22 station in, and use of the harbor as may be required to promote

23 order therein, and the safety and convenience of all such

24 boats, craft, vessels, and floats. , and to regulate

25 (D) REGULATE the opening and passage of bridges. ; and gen-

26 erally to enact

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1 (E) ADOPT and enforce such ordinances and regulations not

2 inconsistent with the laws of the United States, or this state,

3 as in the opinion of the council shall be most conducive to the

4 orderly, safe, and convenient use and occupancy of the harbor,

5 navigable waters, wharves, docks, piers, and landing places

6 within the village.

7 Sec. 39. The PRESIDENT MAY NOMINATE AND THE council may

8 also appoint a harbor master. whose duty it shall be to THE

9 HARBOR MASTER SHALL enforce all such ordinances and regulations

10 as the council may lawfully enact and prescribe in respect to ,

11 and over the navigable waters, harbors, wharves, docks, landings,

12 and basins within the village, and in respect to the navigation,

13 trade, and commerce of the village. , and THE COUNCIL MAY pre-

14 scribe the powers and duties of such THE harbor master and fix

15 his OR HER compensation.

16 Sec. 41. The council of any village shall have the power

17 to MAY establish and regulate markets and marketplaces, for the

18 sale of meats, fish, vegetables, and other provisions and arti-

19 cles necessary for the sustenance and convenience of the inhab-

20 itants; to prescribe the times for opening and closing the same;

21 the kind and description of articles which may be sold; and the

22 stands and places to be occupied by the venders FOOD PRODUCTS

23 AND PRESCRIBE RULES AND REGULATIONS RELATING TO HOURS OF BUSI-

24 NESS, SANITATION, TRAFFIC, AND OTHER MATTERS NORMALLY INCIDENTAL

25 TO THE PROPER MANAGEMENT OF A MARKET CONSISTENT WITH THE MARKET

26 AUTHORITY ACT OF 1956, 1956 PA 185, MCL 123.671 TO 123.680.

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1 Sec. 56. The council may, within the limitations in this

2 act contained, raise and appropriate such sums as may be

3 necessary for the purchase of cemetery grounds, and for the

4 improvement, adornment, protection, and care thereof OF THE

5 CEMETERY GROUNDS.

6 Sec. 57. (1) Whenever any village shall own, purchase

7 OWNS, PURCHASES, or otherwise acquire ACQUIRES any cemetery or

8 cemetery grounds, there shall be appointed by the council, 3

9 trustees who shall be freeholders and electors of the village,

10 and who shall constitute a " THE COUNCIL MAY APPOINT A board of

11 cemetery trustees. " The 3 trustees so appointed COUNCIL MAY

12 PROVIDE THAT THE POWERS CONFERRED UPON A BOARD OF CEMETERY TRUST-

13 EES BY THIS ACT SHALL BE EXERCISED BY THE DEPARTMENT OF PUBLIC

14 WORKS DIRECTOR, OR THE VILLAGE MANAGER, IF ANY.

15 (2) A BOARD OF CEMETERY TRUSTEES SHALL CONSIST OF 3

16 INDIVIDUALS. THE TRUSTEES shall hold their office for the term

17 of 3 years, except that at the first appointment, 1 shall be

18 appointed for 1 year, 1 for 2 years, and 1 for the term of 3

19 years from the second Monday in April of the year when appointed.

20 , and annually thereafter 1 ONE trustee shall be appointed

21 ANNUALLY THEREAFTER. The council may remove any trustee so

22 appointed for inattention to his OR HER duties, want of proper

23 judgment or skill in or for the proper discharge of the duties

24 required of him HIS OR HER DUTIES, or other good cause. Said

25 THE board shall serve without compensation.

26 Sec. 58. The board of cemetery trustees shall appoint 1 of

27 their number chairman CHAIRPERSON and the village clerk shall

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1 be clerk of the board, and the council may by ordinance invest

2 the board with such powers and authority as may be necessary for

3 the care, management, and preservation of such THE cemetery,

4 and INCLUDING THE CEMETERY grounds, the tombs, and

5 monuments, therein and the appurtenances. thereof and, in

6 addition to the duties herein mentioned the THE board shall per-

7 form such other duties as the council may prescribe.

8 Sec. 61. (1) All moneys MONEY raised for any public ceme-

9 tery authorized by this act, and all moneys MONEY received from

10 the sale of lots therein, or otherwise therefrom OR FROM OTHER

11 CEMETERY OPERATIONS, shall be paid into the village treasury and

12 constitute a fund to be denominated the "cemetery fund . ".

13 Said THE CEMETERY fund shall not be devoted or applied to any

14 other purpose except the purposes of such cemetery BE USED

15 EXCLUSIVELY FOR CEMETERY PURPOSES. The board of trustees shall

16 report to the council annually, on the first Monday in March, and

17 oftener MORE OFTEN when the council shall so require, the

18 amount of all moneys REQUIRES, ALL OF THE FOLLOWING:

19 (A) FOR MONEY received into and owing to the cemetery fund,

20 and from what THE AMOUNT, source, and from whom, and THE

21 PAYOR OR DEBTOR.

22 (B) FOR EXPENDITURES AND LIABILITIES INCURRED, the date,

23 amount, items, and purpose, of all expenditures and liabilities

24 incurred, and to whom paid, and to whom incurred. , and such

25 (C) SUCH other matters as the council shall require to be

26 reported. , which

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1 (2) THE report UNDER SUBSECTION (1) shall be verified by the

2 oath of the clerk of the board.

3 Sec. 63. The board of cemetery trustees created under this

4 act shall have power to MAY receive in trust moneys or MONEY

5 OR OTHER property by way of AS gifts, grants, devises, or

6 bequests for cemetery purposes. All moneys and property which

7 may be so received by said board of cemetery trustees by way of

8 gifts, grants, devises or bequests for cemetery purposes, THE

9 MONEY OR OTHER PROPERTY shall be held in trust by said THE

10 board, subject to the terms and conditions on which the same may

11 be IT WAS given, granted, devised, or bequeathed, and the same

12 shall constitute a trust fund. , and if in THE money , shall,

13 unless otherwise expressed by those making such gifts, grants,

14 devises, or bequests, be invested as permanent fund in undoubted

15 real estate security, U.S. bonds, state bonds, or municipal

16 bonds, AND the interest thereon after fulfillment of such condi-

17 tions expressed , to SHALL be used in improving the cemetery

18 under the control of said THE CEMETERY board. , and no part of

19 such THE gifts, grants, devises, or bequests shall be used or

20 appropriated for other than EXCLUSIVELY FOR cemetery purposes.

21 Sec. 64. (1) The board of cemetery trustees may make all

22 requisite and necessary rules and bylaws to carry into effect the

23 powers vested and duties required by section 63. The bylaws

24 shall be recorded in a book to be kept for that purpose. The

25 board of cemetery trustees shall also appoint a treasurer from

26 the membership of the board, whose duties shall be, under the

27 direction of the board, to receive, account for, and invest all

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1 money received by the board under section 63. The treasurer

2 shall give and execute a bond to the board of cemetery trustees

3 in a sum fixed by the council.

4 (2) The business which the board of cemetery trustees may

5 perform shall be conducted at a public meeting of the board held

6 in compliance with Act No. 267 of the Public Acts of 1976, being

7 sections 15.261 to 15.275 of the Michigan Compiled Laws THE OPEN

8 MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. Public notice

9 of the time, date, and place of the meeting shall be given in the

10 manner required by Act No. 267 of the Public Acts of 1976 THE

11 OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.

12 (3) A writing prepared, owned, used, in the possession of,

13 or retained by the board in the performance of an official func-

14 tion shall be made available to the public in compliance with

15 Act No. 442 of the Public Acts of 1976, being sections 15.231 to

16 15.246 of the Michigan Compiled Laws THE FREEDOM OF INFORMATION

17 ACT, 1976 PA 442, MCL 15.231 TO 15.246.

18 Enacting section 1. The following sections of the general

19 law village act, 1895 PA 3, are repealed:

20 Michigan
21 Chapter Compiled Laws
22 Section Numbers Number Section Number

23 2 to 11 and 15 I 61.2 to 61.11 and 61.15

24 13 III 63.13

25 13 to 20 IV 64.13 to 64.20

26 5 VI 66.5

27 28, 32, and 44 to 46a VII 67.28, 67.32, and 67.44 to

28 67.46a

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