HOUSE BILL No. 4580 April 27, 1999, Introduced by Reps. Faunce, Julian, Garcia, Howell, Patterson, Jacobs and O'Neil and referred to the Committee on Criminal Law and Corrections. A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4i (MCL 117.4i), as amended by 1996 PA 179. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4i. Each city may PROVIDE in its charterprovideFOR 2 1 OR MORE OF THE FOLLOWING: 3 (a)For layingLAYING and collecting rents, tolls, and 4 excises. 5 (b)For regulatingREGULATING and restricting the loca- 6 tions of oil and gasoline stations. 7 (c)For theTHE establishment of districts or zones within 8 which the use of land and structures, the height, area, size, and 9 location of buildings, the required open spaces for light and 10 ventilation of buildings, and the density of population may be 11 regulated by ordinance. The zoning ordinance provisions 01340'99 * JOJ 2 1 applicable to 1 or more districts may differ from those 2 applicable to other districts. If a city is incorporated, or if 3 territory is annexed to a city incorporated under this act, the 4 zoning ordinance provisions applicable to the territory within 5 the newly incorporated city or the annexed territory shall remain 6 in effect for 2 years after the incorporation or annexation 7 unless the legislative body of the city lawfully adopts other 8 zoning ordinance provisions. 9 (d)For theTHE regulation of trades, occupations, and 10 amusements within city boundaries, if the regulations are not 11 inconsistent with state or federal law, andforthe prohibition 12 of trades, occupations, and amusements that are detrimental to 13 the health, morals, or welfare of the inhabitants of that city. 14 (e)For theTHE regulation or prohibition of public nudity 15 within city boundaries. As used in this subdivision, "public 16 nudity" means knowingly or intentionally displaying in a public 17 place, or for payment or promise of payment by any person includ- 18 ing, but not limited to, payment or promise of payment of an 19 admission fee, any individual's genitals or anus with less than a 20 fully opaque covering,or a female individual's breast with 21 less than a fully opaque covering of the nipple and areola. 22 Public nudity does not include any of the following: 23 (i) A woman's breastfeeding of a baby whether or not the 24 nipple or areola is exposed during or incidental to the feeding. 25 (ii) Material as defined in section 2 ofAct No. 343 of the26Public Acts of 1984, being section 752.362 of the Michigan27Compiled Laws1984 PA 343, MCL 752.362. 01340'99 * 3 1 (iii) Sexually explicit visual material as defined in 2 section 3 ofAct No. 33 of the Public Acts of 1978, being sec-3tion 722.673 of the Michigan Compiled Laws1978 PA 33, 4 MCL 722.673. 5 (f)For licensingLICENSING, regulating, restricting, and 6 limiting the number and locations of billboards within the city. 7 (g)For theTHE initiative and referendum on all matters 8 within the scope of the powers of that city,andforthe 9 recall of city officials. 10 (h)For aA system of civil service for city employees, 11 including employees of that city's board of health, and employees 12 of any jail operated or maintained by the city. Charter provi- 13 sions providing for a system of civil service for employees of a 14 local health board are valid and effective. 15 (i)For aA system of compensation for city employees and 16 the dependents of city employees in the case of disability, 17 injury, or death of city employees. 18 (j)For theTHE enforcement of police, sanitary, and other 19 ordinances that are not in conflict with the general laws. 20 (k)For theTHE punishment of persons who violate city 21 ordinances other than ordinances described in section4l(1),22(2), or (3)4l.However, theTHE penalty for a violation of 23 such a city ordinance shall not exceed a fine of $500.00,or 24 imprisonment for 90 days, or both. HOWEVER, UNLESS OTHERWISE 25 PROVIDED BY LAW, THE ORDINANCE MAY PROVIDE THAT A VIOLATION OF 26 THE ORDINANCE IS PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 27 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH, IF THE 01340'99 * 4 1 VIOLATION SUBSTANTIALLY CORRESPONDS TO A VIOLATION OF THE 2 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, THAT IS 3 A MISDEMEANOR FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS 93 4 DAYS. 5 Enacting section 1. This amendatory act takes effect 6 October 1, 1999. 7 Enacting section 2. This amendatory act does not take 8 effect unless all of the following bills of the 90th Legislature 9 are enacted into law: 10 (a) Senate Bill No. _____ or House Bill No. _____ (request 11 no. 01321'99). 12 (b) Senate Bill No. _____ or House Bill No. _____ (request 13 no. 01325'99). 14 (c) Senate Bill No. _____ or House Bill No. _____ (request 15 no. 01326'99). 16 (d) Senate Bill No. _____ or House Bill No. _____ (request 17 no. 01327'99 *). 18 (e) Senate Bill No. _____ or House Bill No. _____ (request 19 no. 01328'99 *). 20 (f) Senate Bill No. _____ or House Bill No. _____ (request 21 no. 01329'99). 22 (g) Senate Bill No. _____ or House Bill No. _____ (request 23 no. 01340'99 a *). 24 (h) Senate Bill No. _____ or House Bill No. _____ (request 25 no. 01340'99 b *). 26 (i) Senate Bill No. _____ or House Bill No. _____ (request 27 no. 01340'99 c *). 01340'99 * 5 1 (j) Senate Bill No. _____ or House Bill No. _____ (request 2 no. 01340'99 d *). 01340'99 * Final page. JOJ