June 12, 2014, Introduced by Reps. Kowall, Lyons, Haines, O'Brien, Forlini, Pagel, Rogers, Muxlow, Yonker, Crawford, Glardon, Victory, Pettalia, Somerville, Kelly, Franz, Lori, Kesto, Pscholka, Cotter, Walsh, LaFontaine, Jenkins, Kurtz, Rendon, Price, Jacobsen, Olumba, Heise, Santana, Denby, Callton and Bumstead and referred to the Committee on Judiciary.
A bill to amend 1895 PA 3, entitled
"The general law village act,"
by amending section 1 of chapter VII (MCL 67.1), as amended by 1994
PA 314.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VII
Sec. 1. A village subject to this act has, in addition to
other powers that are conferred, the general power and authority
granted in this chapter. The council of a village subject to this
act may enact ordinances relating to the powers described in this
section as it considers proper, including, but not limited to,
ordinances relating to 1 or more of the following:
(a) To restrain and prevent vice and immorality.
(b) To punish vagrants, disorderly persons, and prostitutes.
(c) To abate nuisances and preserve the public health.
(d) To prohibit and suppress disorderly houses and gaming
houses.
(e) To regulate, license, or suppress billiard tables and ball
alleys, public dance halls, and soft drink emporiums.
(f) To suppress gaming.
(g) To regulate and license public shows and exhibitions.
(h) To license auctioneers, license and regulate hawkers and
peddlers, to regulate or prohibit sales of property at auction
except sales made pursuant to an order of a court or public law, to
require transient traders and dealers to obtain a license before
engaging in business, and to regulate by ordinance the terms and
conditions of issuing those licenses.
(i) To license and regulate hacks and other public vehicles.
(j) To provide for and regulate the inspection of provisions.
(k) To regulate or prohibit bathing in the rivers, ponds,
streams, and waters of the village.
(l) To regulate or prohibit the selling, storing, or
transportation of combustible or explosive substances or materials
within the village, and to regulate and restrain the making of
fires in the streets or other open spaces in the village.
(m) To provide for the organization and regulation of a fire
department, to provide for the prevention and extinguishment of
fires, and to establish and maintain definite fire limits.
(n) To license and regulate solicitors for passengers or
baggage for any hotel, tavern, public house, boat, or railroad, and
draymen, carmen, truckmen, porters, runners, drivers of cabs,
hackney coaches, omnibuses, carriages, sleighs, express vehicles,
and other vehicles used and employed for hire, and to fix and
regulate the amount and rate of compensation of those individuals.
(o) To require horses, mules, or other animals attached to any
vehicle or standing in any street, lane, or alley in the village to
be securely fastened, hitched, watched, or held.
(p) To prevent and punish horse racing and immoderate driving
in any street, park, or alley and to authorize the stopping and
detaining of any person who is immoderately driving or riding in
any street, park, or alley in the village.
(q) To prevent the running at large of dogs, to require dogs
to be muzzled, and to authorize the destruction of dogs found at
large in violation of an ordinance of the village.
(r) To establish lines and grades upon which buildings may be
erected, and beyond which buildings shall not extend.
(s) To prevent the erection and provide for the removal of
buildings considered unsafe.
(t) To regulate the placement and provide for the preservation
of horse posts or hitching posts.
(u) To declare and define the powers and duties of the
officers of the village whose powers and duties are not
specifically prescribed in this act.
(v) To require the treasurer or marshal of the village, and
other officers of the village as the council considers proper to
give bonds for the discharge of their official duties.
(w) To see that the officers of the village perform their
duties faithfully and that proper measures are taken to punish
neglect of duty by any officer of the village.
(x) To provide for the care, custody, and preservation of the
public property of the village.
(y) To investigate any matter that may come under the
jurisdiction of the village and that is pursuant to the authority
vested in the council or in any officer under this act. The council
by majority consent of the council members serving may serve upon a
person a subpoena that has been authorized by a court of proper
jurisdiction in the county in which the village is located
compelling the person to appear before the council or any committee
of the council to be examined under oath or to produce a document
or object for inspection or copying. If a person objects to or
otherwise fails to comply with the written notice served upon him
or her, the council may file in that court an action to enforce the
subpoena. The court may issue an order requiring the person to
appear to be examined or to produce a document or object for
inspection or copying. Failure to obey the order of the court is
punishable by the court as a contempt.
(z) To adopt other ordinances and make other regulations for
the safety and good government of the village and the general
welfare of its inhabitants that are not inconsistent with the
general laws of this state.
(aa) To regulate or prohibit public nudity within village
boundaries. As used in this subdivision, "public nudity" means
knowingly or intentionally displaying in a public place, or for
payment or promise of payment by any person including, but not
limited to, payment or promise of payment of an admission fee, any
individual's genitals or anus with less than a fully opaque
covering, or a female individual's breast with less than a fully
opaque covering of the nipple and areola. Public nudity does not
include any of the following:
(i) A woman's breastfeeding of a baby or expressing breast milk
regardless
of whether or not the her nipple
or areola is exposed
visible
during or incidental to the feeding.breastfeeding or
expressing of breast milk.
(ii) Material as defined in section 2 of Act No. 343
of the
Public
Acts of 1984, being section 752.362 of the Michigan Compiled
Laws.1984 PA 343, MCL 752.362.
(iii) Sexually explicit visual material as defined in section 3
of
Act No. 33 of the Public Acts of 1978, being section 722.673 of
the
Michigan Compiled Laws.1978
PA 33, MCL 722.673.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5678 (request no.
05695'14).
(b) Senate Bill No.____ or House Bill No. 5679 (request no.
05697'14).
(c) Senate Bill No.____ or House Bill No. 5680 (request no.
05698'14).