SENATE BILL NO. 703 September 21, 1999, Introduced by Senator BULLARD and referred to the Committee on Local, Urban and State Affairs. A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and reg- ulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordi- nances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanc- tions; and to repeal all acts and parts of acts in conflict with the act," by amending sections 1, 4, and 5 (MCL 41.181, 41.184, and 41.185), section 1 as amended by 1994 PA 315, section 4 as amended by 1994 PA 14, and section 5 as added by 1989 PA 78. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. (1) The township board of a township,may,at a 2 regular or special meeting by a majority of the members elect of 3 the township board, MAY adopt ordinances regulating the public 4 health, safety, and general welfare of persons and property, 5 including, but not limited to ORDINANCES CONCERNING fire 01590'99 FDD 2 1 protection, licensing or use of bicycles, traffic,andparking 2 of vehicles, sidewalk maintenance and repairs, the licensing of 3 business establishments, the licensing and regulating of public 4 amusements, and the regulation or prohibition of public nudity, 5 and MAY providepenaltiesSANCTIONS for the violation of the 6 ordinances. The township shall enforce the ordinances and may 7 employ and establish a police department with full power to 8 enforce township ordinances and state laws. If state laws are to 9 be enforced, a township shall have a law enforcement unit or may 10 by resolution appropriate funds and call upon the sheriff of the 11 county in which the township is located, the department of state 12 police, orotherANOTHER law enforcement agency to provide spe- 13 cial police protection for the township. The sheriff, department 14 of state police, or other local law enforcement agency shall, if 15 called upon, provide special police protection for the township 16 and enforce local township ordinances to the extent that township 17 funds are appropriated for the enforcement. Special township 18 deputies appointed by the sheriff shall be under the jurisdiction 19 of and solely responsible to the sheriff. Ordinances regulating 20 traffic and parking of vehicles and bicycles shall notbe in21contravention ofCONTRAVENE the Michigan vehicle code,Act No.22300 of the Public Acts of 1949, as amended, being sections 257.123to 257.923 of the Michigan Compiled Laws1949 PA 300, MCL 257.1 24 TO 257.923. 25 (2) Ordinances enacted may apply to streets, roads, high- 26 ways, or portions of the township determined by the township 27 board or may be limited to specified platted lands within the 01590'99 3 1 township, and with respect to these lands shall be valid and 2 enforceable whether the roads and streets have been dedicated to 3 public use or not. Township boards of townships enacting ordi- 4 nances under this section may accept contributions from duly con- 5 stituted representatives of the platted lands benefited by the 6 ordinances to defray administrative and enforcement costs inci- 7 dent to the enactment of ordinances. 8 (3) A TOWNSHIP MAY ADOPT A STATUTE OR RULE OF THIS STATE, 9 INCLUDING BUT NOT LIMITED TO A STATUTE OR RULE ADOPTING BY REFER- 10 ENCE A CODE PROMULGATED BY ANOTHER PUBLIC ENTITY OR A PRIVATE 11 ENTITY OR A STATUTE OR RULE CONSTITUTING THE TEXT OF A CODE, OR 12 MAY ADOPT A CODE PROMULGATED BY ANOTHER PUBLIC ENTITY OR A PRI- 13 VATE ENTITY, BY REFERENCE IN AN ADOPTING ORDINANCE. IF AN ORDI- 14 NANCE ADOPTS BY REFERENCE A STATUTE OR RULE OF THIS STATE, THE 15 ORDINANCE MAY INCORPORATE FUTURE AMENDMENTS OR REVISIONS OF THE 16 STATUTE OR RULE BY EXPLICITLY PROVIDING THAT FUTURE AMENDMENTS OR 17 REVISIONS ARE INCORPORATED BY REFERENCE WHEN, OR A SPECIFIED 18 PERIOD OF TIME AFTER, THEY TAKE EFFECT IN THIS STATE. THE STAT- 19 UTE, RULE, OR CODE SHALL BE CLEARLY IDENTIFIED IN THE ORDINANCE. 20 (4)(3)As used in this section, "public nudity" means 21 knowingly or intentionally displaying in a public place, or for 22 payment or promise of payment by any person including, but not 23 limited to, payment or promise of payment of an admission fee, 24 any individual's genitals or anus with less than a fully opaque 25 covering, or a female individual's breast with less than a fully 26 opaque covering of the nipple and areola. Public nudity does not 27 include any of the following: 01590'99 4 1 (a) A woman's breastfeeding of a baby whether or not the 2 nipple or areola is exposed during or incidental to the feeding. 3 (b) Material as defined in section 2 ofAct No. 343 of the4Public Acts of 1984, being section 752.362 of the Michigan5Compiled Laws1984 PA 343, MCL 752.362. 6 (c) Sexually explicit visual material as defined in section 7 3 ofAct No. 33 of the Public Acts of 1978, being section8722.673 of the Michigan Compiled Laws1978 PA 33, MCL 722.673. 9 Sec. 4. (1) A township ordinance shall contain a provision 10 stating when the ordinance takes effect. 11 (2) Except as provided in section 22 ofAct No. 359 of the12Public Acts of 1947, being section 42.22 of the Michigan Compiled13LawsTHE CHARTER TOWNSHIP ACT, 1947 PA 359, MCL 42.22, and sec- 14 tion 11 of the townshipruralzoning act,Act No. 184 of the15Public Acts of 1943, being section 125.281 of the Michigan16Compiled Laws1943 PA 184, MCL 125.281, a township ordinance 17 shall take effect as follows: 18 (a) If an ordinance imposes a sanction for the violation of 19 the ordinance, the ordinance shall take effect 30 days after the 20 first publication of the ordinance. 21 (b) If an ordinance does not impose a sanction for the vio- 22 lation of the ordinance, the ordinance shall take effect the day 23 following the date of the publication of the ordinance or any 24 date following publication specified in the ordinance. 25 (3) Publication of the ordinance shall be made within 30 26 days after the passage of the ordinance by inserting either a 27 true copy or a summary of the ordinance once in a newspaper 01590'99 5 1 circulating within the township. A summary of an ordinance may 2 be drafted by the same personthatWHO drafted the ordinance or 3 by the township board or township zoning board and shall be writ- 4 ten in clear and nontechnical language. Each section of an ordi- 5 nance or a summary of an ordinance shall be preceded by a catch 6 line.(4)If a summary of an ordinance is published, the town- 7 ship shall designate in the publication the location in the town- 8 ship where a true copy of the ordinance can be inspected or 9 obtained. 10 (4) IF AN ORDINANCE ADOPTS BY REFERENCE A STATUTE OR RULE OF 11 THIS STATE, INCLUDING BUT NOT LIMITED TO A STATUTE OR RULE ADOPT- 12 ING BY REFERENCE A CODE PROMULGATED BY ANOTHER PUBLIC ENTITY OR A 13 PRIVATE ENTITY OR A STATUTE OR RULE CONSTITUTING THE TEXT OF A 14 CODE, OR ADOPTS BY REFERENCE A CODE PROMULGATED BY ANOTHER PUBLIC 15 ENTITY OR A PRIVATE ENTITY, A STATEMENT OF THE PURPOSE OF THE 16 STATUTE, RULE, OR CODE SHALL BE PUBLISHED WITH THE ADOPTING ORDI- 17 NANCE OR WITH THE SUMMARY OF THE ADOPTING ORDINANCE UNDER SUBSEC- 18 TION (3). COPIES OF THE STATUTE, RULE, OR CODE ADOPTED BY THE 19 TOWNSHIP BY REFERENCE SHALL BE KEPT IN THE OFFICE OF THE TOWNSHIP 20 CLERK, AVAILABLE FOR INSPECTION BY AND DISTRIBUTION TO THE 21 PUBLIC. IF A STATUTE OR RULE OF THIS STATE IS ADOPTED BY THE 22 TOWNSHIP BY REFERENCE AND THE STATUTE OR RULE ADOPTS BY REFERENCE 23 A CODE PROMULGATED BY ANOTHER PUBLIC ENTITY OR A PRIVATE ENTITY, 24 COPIES OF THE CODE ITSELF SHALL ALSO BE KEPT IN THE OFFICE OF THE 25 TOWNSHIP CLERK, AVAILABLE FOR INSPECTION BY AND DISTRIBUTION TO 26 THE PUBLIC. THE TOWNSHIP SHALL INCLUDE IN THE PUBLICATION THE 27 DESIGNATION OF A LOCATION IN THE TOWNSHIP WHERE A COPY OF THE 01590'99 6 1 STATUTE, RULE, OR CODE CAN BE INSPECTED OR OBTAINED. IF AN 2 ORDINANCE ADOPTS BY REFERENCE A STATUTE OR RULE OF THIS STATE AND 3 THE STATUTE OR RULE ADOPTS BY REFERENCE A CODE PROMULGATED BY 4 ANOTHER PUBLIC ENTITY OR A PRIVATE ENTITY, THE TOWNSHIP SHALL 5 ALSO INCLUDE IN THE PUBLICATION THE DESIGNATION OF A LOCATION IN 6 THE TOWNSHIP WHERE A COPY OF THE CODE ITSELF CAN BE INSPECTED OR 7 OBTAINED. 8 Sec. 5. (1) Within 1 week after thefirstpublication of 9 an ordinance as provided in section 4, the township clerk shall 10 record the ordinance in a book of ordinances kept by him or her 11 for that purpose; record the date of the passage of the ordi- 12 nance, the names of the members of the township board voting, and 13 how each member voted; and file an attested copy of the ordinance 14 with the county clerk. IF THE ORDINANCE ADOPTS BY REFERENCE A 15 STATUTE OR RULE OF THIS STATE, INCLUDING BUT NOT LIMITED TO A 16 STATUTE OR RULE ADOPTING BY REFERENCE A CODE PROMULGATED BY 17 ANOTHER PUBLIC ENTITY OR A PRIVATE ENTITY OR A STATUTE OR RULE 18 CONSTITUTING THE TEXT OF A CODE, OR ADOPTS BY REFERENCE A CODE 19 PROMULGATED BY ANOTHER PUBLIC ENTITY OR A PRIVATE ENTITY, THE 20 TOWNSHIP CLERK SHALL ALSO FILE A COPY OF THE STATUTE, RULE, OR 21 CODE WITH THE COUNTY CLERK. IF THE ORDINANCE ADOPTS BY REFERENCE 22 A STATUTE OR RULE OF THIS STATE AND THE STATUTE OR RULE ADOPTS BY 23 REFERENCE A CODE PROMULGATED BY ANOTHER PUBLIC ENTITY OR A PRI- 24 VATE ENTITY, THE TOWNSHIP CLERK SHALL ALSO FILE A COPY OF THE 25 CODE ITSELF WITH THE COUNTY CLERK. The township clerk shall cer- 26 tify under the ordinance in a blank space provided the date or 27 dates of publication of the ordinance, the name of the newspaper 01590'99 7 1 in which publication was made, and the date of filing with the 2 county clerk. 3 (2) The county clerk shall maintain separate files for the 4 ordinances,ofSTATUTES, RULES, AND CODES FILED UNDER SUBSEC- 5 TION (1) FOR each township in the county.andTHE COUNTY CLERK 6 SHALL make the files readily available to the public. 7 (3) The provisions of this section with regard to filing 8 with the county clerkshallDO not apply to a township that 9 maintains a township office open to the public during regular 10 hours on each business day. 11 (4) The county clerk may charge a reasonable fee for the 12 reproduction or furnishing of a copy of an ordinance, STATUTE, 13 RULE, OR CODE FILED UNDER SUBSECTION (1). 01590'99 Final page. FDD