HOUSE BILL No. 6261


     November 5, 1998, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs.


        A bill to amend 1895 PA 215, entitled

   "The fourth class city act,"

   by amending section 2 (MCL 89.2), as amended by 1996 PA 43.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2. (1) The council of a city may prescribe a sanction

 2    for the violation of an ordinance.

 3         (2) Consistent with any of the following statutes, the coun-

 4    cil may adopt an ordinance that designates a violation of the

 5    ordinance as a civil infraction and provides a civil fine for

 6    that violation:

 7         (a) The Michigan vehicle code,  Act No. 300 of the Public

 8     Acts of 1949, being sections 257.1 to 257.923 of the Michigan

 9     Compiled Laws  1949 PA 300, MCL 257.1 TO 257.923.






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 1         (b)  Act No. 235 of the Public Acts of 1969, being

 2     sections 257.941 to 257.943 of the Michigan Compiled Laws  1969

 3    PA 235, MCL 257.941 TO 257.943.

 4         (c)  Act No. 62 of the Public Acts of 1956, being

 5     sections 257.951 to 257.954 of the Michigan Compiled Laws  1956

 6    PA 62, MCL 257.951 TO 257.954.

 7         (3) The council may adopt an ordinance that designates a

 8    violation of the ordinance as a municipal civil infraction and

 9    provides a civil fine for that violation.  An ordinance may not

10    designate a violation as a municipal civil infraction if that

11    violation may be designated as a civil infraction under

12    subsection (2).  A statute may provide that a violation of a spe-

13    cific type of ordinance is a municipal civil infraction whether

14    or not the ordinance designates the violation as a municipal

15    civil infraction.

16         (4) An ordinance shall not make an act or omission a munici-

17    pal civil infraction if that act or omission constitutes a crime

18    under any of the following:

19         (a) Article 7 or section 17766a of the public health code,

20     Act No. 368 of the Public Acts of 1978, being sections 333.7101

21     to 333.7545 and 333.17766a of the Michigan Compiled Laws  1978

22    PA 368, MCL 333.7101 TO 333.7545 AND 333.17766A.

23         (b) The Michigan penal code,  Act No. 328 of the Public Acts

24     of 1931, being sections 750.1 to 750.568 of the Michigan Compiled

25     Laws  1931 PA 328, MCL 750.1 TO 750.568.







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 1         (c)  Act No. 300 of the Public Acts of 1949, being sections

 2     257.1 to 257.923 of the Michigan Compiled Laws  THE MICHIGAN

 3    VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923.

 4         (d) The Michigan liquor control  act, Act No. 8 of the

 5     Public Acts of the Extra Session of 1933, being sections 436.1 to

 6     436.58 of the Michigan Compiled Laws  CODE OF 1998 PA 58,

 7    MCL 436.1101 TO 436.2303.

 8         (e) Part 801  (marine safety)  of the natural resources and

 9    environmental protection act,  Act No. 451 of the Public Acts of

10     1994, being sections 324.80101 to 324.80199 of the Michigan

11     Compiled Laws  1994 PA 451, MCL 324.80101 TO 324.80199.

12         (f) The aeronautics code of the state of Michigan,  Act

13     No. 327 of the Public Acts of 1945, being sections 259.1 to

14     259.208 of the Michigan Compiled Laws  1945 PA 327, MCL 259.1 TO

15    259.208.

16         (g) Part 821  (snowmobiles) of Act No. 451 of the Public

17     Acts of 1994, being sections 324.82101 to 324.82159 of the

18     Michigan Compiled Laws  OF THE NATURAL RESOURCES AND ENVIRONMEN-

19    TAL PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159.

20         (h) Part 811  (off-road recreation vehicles) of Act No. 451

21     of the Public Acts of 1994, being sections 324.81101 to 324.81150

22     of the Michigan Compiled Laws  OF THE NATURAL RESOURCES AND ENVI-

23    RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO

24    324.81150.

25         (i) Sections 351 to 365 of the railroad code of 1993,  Act

26     No. 354 of the Public Acts of 1993, being sections 462.351 to





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 1    462.365 of the Michigan Compiled Laws  1993 PA 354, MCL 462.351

 2    TO 462.365.

 3         (j) Any law of this state under which the act or omission is

 4    punishable by imprisonment for more than 90 days.

 5         (5) For the violation of an ordinance other than an ordi-

 6    nance described in subsection (2) or (3), the council may pre-

 7    scribe a fine or forfeiture not exceeding $500.00, unless a

 8    greater fine or forfeiture is authorized in this act, or impris-

 9    onment not exceeding 180 days, or both, in the discretion of the

10    court, together with the costs of prosecution for each violation

11    of the ordinance; may provide that the offender, on failing to

12    pay a fine or forfeiture, or the costs of prosecution, may be

13    imprisoned for a term not exceeding 180 days unless payment is

14    made before the expiration of the term; and may direct the

15    imprisonment to be in the county jail of the county within which

16    the city is located or in a prison or other place of confinement

17    in the state as provided by law.

18         (6) A sanction for the violation of an ordinance shall be

19    prescribed in the ordinance.



















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