HOUSE BILL No. 4486 March 12, 1997, Introduced by Rep. Gubow and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and reg- ulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordi- nances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanc- tions; and to repeal all acts and parts of acts in conflict with the act," by amending section 3 (MCL 41.183), as amended by 1996 PA 34. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) The township board may provide in a township 2 ordinance a sanction for violation of the ordinance. 3 (2) Consistent with any of the following statutes, the town- 4 ship board may adopt an ordinance that designates a violation of 5 the ordinance as a civil infraction and provides a civil fine for 6 that violation: 00685'97 c ** JJG 2 1 (a) The Michigan vehicle code,Act No. 300 of the Public2Acts of 1949, being sections 257.1 to 257.923 of the Michigan3Compiled Laws1949 PA 300, MCL 257.1 TO 257.923. 4 (b)Act No. 235 of the Public Acts of 1969, being5sections 257.941 to 257.943 of the Michigan Compiled Laws1969 6 PA 235, MCL 257.941 TO 257.943. 7 (c)Act No. 62 of the Public Acts of 1956, being8sections 257.951 to 257.954 of the Michigan Compiled Laws1956 9 PA 62, MCL 257.951 TO 257.954. 10 (3) CONSISTENT WITH PART 801 (MARINE SAFETY) OF THE NATURAL 11 RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 12 324.80101 TO 324.80199, THE TOWNSHIP BOARD MAY ADOPT AN ORDINANCE 13 THAT DESIGNATES A VIOLATION OF THE ORDINANCE AS A STATE CIVIL 14 INFRACTION AND PROVIDES A CIVIL FINE OF NOT MORE THAN $100.00 FOR 15 THAT VIOLATION. 16 (4)(3)The township board may adopt an ordinance that 17 designates a violation of the ordinance as a municipal civil 18 infraction and provides a civil fine for that violation. An 19 ordinance may not designate a violation as a municipal civil 20 infraction if that violation may be designated as a civil infrac- 21 tion under subsection (2) OR A STATE CIVIL INFRACTION UNDER 22 SUBSECTION (3). A statute may provide that a violation of a spe- 23 cific type of ordinance is a municipal civil infraction whether 24 or not the ordinance designates the violation as a municipal 25 civil infraction. 00685'97 c ** 3 1 (5)(4)An ordinance shall not make an act or omission a 2 municipal civil infraction if that act or omission constitutes a 3 crime under any of the following: 4 (a) Article 7 or section 17766a of the public health code, 5Act No. 368 of the Public Acts of 1978, being sections 333.71016to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 PA 7 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 8 (b) The Michigan penal code,Act No. 328 of the Public Acts9of 1931, being sections 750.1 to 750.568 of the Michigan Compiled10Laws1931 PA 328, MCL 750.1 TO 750.568. 11 (c)Act No. 300 of the Public Acts of 1949, being sections12257.1 to 257.923 of the Michigan Compiled LawsTHE MICHIGAN 13 VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 14 (d) The Michigan liquor control act,Act No. 8 of the15Public Acts of the Extra Session of 1933, being sections 436.1 to16436.58 of the Michigan Compiled Laws1933 (EX SESS) PA 8, MCL 17 436.1 TO 436.58. 18 (e) Part 801 (marine safety), Act No. 451 of the Public19Acts of 1994, being sections 324.80101 to 324.80199 of the20Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 21 TAL PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO 324.80199. 22 (f) The aeronautics code of the state of Michigan,Act23No. 327 of the Public Acts of 1945, being sections 259.1 to24259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 25 259.208. 26 (g) Part 821 (snowmobiles) of the natural resources and 27 environmental protection act,Act No. 451 of the Public Acts of00685'97 c ** 4 11994, being sections 324.82101 to 324.82159 of the Michigan2Compiled Laws1994 PA 451, MCL 324.82101 TO 324.82159. 3 (h) Part 811 (off-road recreation vehicles) ofAct No. 4514of the Public Acts of 1994, being sections 324.81101 to 324.811505of the Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRON- 6 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 324.81150. 7 (i) Sections 351 to 365 of the railroad code of 1993,Act8No. 354 of the Public Acts of 1993, being sections 462.351 to9462.365 of the Michigan Compiled Laws1993 PA 354, MCL 462.351 10 TO 462.365. 11 (j) Any law of this state under which the act or omission is 12 punishable by imprisonment for more than 90 days. 13 (6)(5)An ordinance not described in subsection (2),or14 (3), OR (4) may provide a penalty for violation of the ordinance 15 consisting of a fine not exceeding $500.00 or imprisonment not 16 exceeding 90 days, or both. An action for the violation of a 17 township ordinance shall be instituted in the district court, 18 unless the person alleged to have violated the ordinance admits 19 responsibility at a parking violations bureau or municipal ordi- 20 nance violation bureau as otherwise provided and authorized by 21 law. Fines and costs imposed or assessed in such an action shall 22 be distributed in accordance with section 8379 of the revised 23 judicature act of 1961,Act No. 236 of the Public Acts of 1961,24being section 600.8379 of the Michigan Compiled Laws1961 PA 25 236, MCL 600.8379. 00685'97 c ** 5 1 Enacting section 1. This amendatory act does not take 2 effect unless all of the following bills of the 89th Legislature 3 are enacted into law: 4 (a) Senate Bill No. _____ or House Bill No. _____ (request 5 no. 00685'97 **). 6 (b) Senate Bill No. _____ or House Bill No. _____ (request 7 no. 00685'97 a **). 8 (c) Senate Bill No. _____ or House Bill No. _____ (request 9 no. 00685'97 b ***). 10 (d) Senate Bill No. _____ or House Bill No. _____ (request 11 no. 00685'97 d **). 12 (e) Senate Bill No. _____ or House Bill No. _____ (request 13 no. 00685'97 e **). 14 (f) Senate Bill No. _____ or House Bill No. _____ (request 15 no. 00685'97 f **). 16 (g) Senate Bill No. _____ or House Bill No. _____ (request 17 no. 00685'97 g **). 18 (h) Senate Bill No. _____ or House Bill No. _____ (request 19 no. 00685'97 h **). 00685'97 c ** Final page. JJG