HOUSE BILL No. 4490 March 12, 1997, Introduced by Rep. Gubow and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 2 of chapter IX (MCL 89.2), as amended by 1996 PA 43. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IX 2 Sec. 2. (1) The council of a city may prescribe a sanction 3 for the violation of an ordinance. 4 (2) Consistent with any of the following statutes, the coun- 5 cil may adopt an ordinance that designates a violation of the 6 ordinance as a civil infraction and provides a civil fine for 7 that violation: 8 (a) The Michigan vehicle code,Act No. 300 of the Public9Acts of 1949, being sections 257.1 to 257.923 of the Michigan10Compiled Laws1949 PA 300, MCL 257.1 TO 257.923. 00685'97 g ** JJG 2 1 (b)Act No. 235 of the Public Acts of 1969, being2sections 257.941 to 257.943 of the Michigan Compiled Laws1969 3 PA 235, MCL 257.941 TO 257.943. 4 (c)Act No. 62 of the Public Acts of 1956, being5sections 257.951 to 257.954 of the Michigan Compiled Laws1956 6 PA 62, MCL 257.951 TO 257.954. 7 (3) CONSISTENT WITH PART 801 (MARINE SAFETY) OF THE NATURAL 8 RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, 9 MCL 324.80101 TO 324.80199, THE COUNCIL MAY ADOPT AN ORDINANCE 10 THAT DESIGNATES A VIOLATION OF THE ORDINANCE AS A STATE CIVIL 11 INFRACTION AND PROVIDES A CIVIL FINE OF NOT MORE THAN $100.00 FOR 12 THAT VIOLATION. 13 (4)(3)The council may adopt an ordinance that designates 14 a violation of the ordinance as a municipal civil infraction and 15 provides a civil fine for that violation. An ordinance may not 16 designate a violation as a municipal civil infraction if that 17 violation may be designated as a civil infraction under 18 subsection (2) OR A STATE CIVIL INFRACTION UNDER SUBSECTION (3). 19 A statute may provide that a violation of a specific type of 20 ordinance is a municipal civil infraction whether or not the 21 ordinance designates the violation as a municipal civil 22 infraction. 23 (5)(4)An ordinance shall not make an act or omission a 24 municipal civil infraction if that act or omission constitutes a 25 crime under any of the following: 26 (a) Article 7 or section 17766a of the public health code, 27Act No. 368 of the Public Acts of 1978, being sections 333.710100685'97 g ** 3 1to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 PA 2 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 3 (b) The Michigan penal code,Act No. 328 of the Public Acts4of 1931, being sections 750.1 to 750.568 of the Michigan Compiled5Laws1931 PA 328, MCL 750.1 TO 750.568. 6 (c)Act No. 300 of the Public Acts of 1949, being sections7257.1 to 257.923 of the Michigan Compiled LawsTHE MICHIGAN 8 VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 9 (d) The Michigan liquor control act,Act No. 8 of the10Public Acts of the Extra Session of 1933, being sections 436.1 to11436.58 of the Michigan Compiled Laws1933 (EX SESS) PA 8, MCL 12 436.1 TO 436.58. 13 (e) Part 801 (marine safety) of the natural resources and 14 environmental protection act,Act No. 451 of the Public Acts of151994, being sections 324.80101 to 324.80199 of the Michigan16Compiled Laws1994 PA 451, MCL 324.80101 TO 324.80199. 17 (f) The aeronautics code of the state of Michigan,Act18No. 327 of the Public Acts of 1945, being sections 259.1 to19259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 20 259.208. 21 (g) Part 821 (snowmobiles) ofAct No. 451 of the Public22Acts of 1994, being sections 324.82101 to 324.82159 of the23Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL 24 PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 25 (h) Part 811 (off-road recreation vehicles) ofAct No. 45126of the Public Acts of 1994, being sections 324.81101 to 324.8115027of the Michigan Compiled LawsTHE NATURAL RESOURCES AND 00685'97 g ** 4 1 ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 2 324.81150. 3 (i) Sections 351 to 365 of the railroad code of 1993,Act4No. 354 of the Public Acts of 1993, being sections 462.351 to5462.365 of the Michigan Compiled Laws1993 PA 354, MCL 462.351 6 TO 462.365. 7 (j) Any law of this state under which the act or omission is 8 punishable by imprisonment for more than 90 days. 9 (6)(5)For the violation of an ordinance other than an 10 ordinance described in subsection (2),or(3), OR (4), the 11 council may prescribe a fine or forfeiture not exceeding $500.00, 12 unless a greater fine or forfeiture is authorized in this act, or 13 imprisonment not exceeding 180 days, or both, in the discretion 14 of the court, together with the costs of prosecution for each 15 violation of the ordinance; may provide that the offender, on 16 failing to pay a fine or forfeiture, or the costs of prosecution, 17 may be imprisoned for a term not exceeding 180 days unless pay- 18 ment is made before the expiration of the term; and may direct 19 the imprisonment to be in the county jail of the county within 20 which the city is located or in a prison or other place of con- 21 finement in the state as provided by law. 22 (7)(6)A sanction for the violation of an ordinance shall 23 be prescribed in the ordinance. 24 Enacting section 1. This amendatory act does not take 25 effect unless all of the following bills of the 89th Legislature 26 are enacted into law: 00685'97 g ** 5 1 (a) Senate Bill No. _____ or House Bill No. _____ (request 2 no. 00685'97 **). 3 (b) Senate Bill No. _____ or House Bill No. _____ (request 4 no. 00685'97 a **). 5 (c) Senate Bill No. _____ or House Bill No. _____ (request 6 no. 00685'97 b ***). 7 (d) Senate Bill No. _____ or House Bill No. _____ (request 8 no. 00685'97 c **). 9 (e) Senate Bill No. _____ or House Bill No. _____ (request 10 no. 00685'97 d **). 11 (f) Senate Bill No. _____ or House Bill No. _____ (request 12 no. 00685'97 e **). 13 (g) Senate Bill No. _____ or House Bill No. _____ (request 14 no. 00685'97 f **). 15 (h) Senate Bill No. _____ or House Bill No. _____ (request 16 no. 00685'97 h **). 00685'97 g ** Final page. JJG