HOUSE BILL No. 4416 March 18, 1999, Introduced by Reps. Basham, Rison, Bob Brown, Brewer, Hale, Minore and Jamnick and referred to the Committee on Regulatory Reform. 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: 1 CHAPTER VII 2 Sec. 1. A village subject to this act has, in addition to 3 other powers that are conferred, the general power and authority 4 granted in this chapter. The council of a village subject to 5 this act may enact ordinances relating to the powers described in 6 this section as it considers proper, including, but not limited 7 to, ordinances relating to 1 or more of the following: 8 (a) To restrain and prevent vice and immorality. 9 (b) To punish vagrants, disorderly persons, and 10 prostitutes. 02439'99 b LBO 2 1 (c) To abate nuisances and preserve the public health. 2 (d) To prohibit and suppress disorderly houses and gaming 3 houses. 4 (e) To regulate, license, or suppress billiard tables and 5 ball alleys, public dance halls, and soft drink emporiums. 6 (f) To suppress gaming. 7 (g) To regulate and license public shows and exhibitions. 8 (h) Tolicense auctioneers,license and regulate hawkers 9 and peddlers, to regulate or prohibit sales of property at auc- 10 tion except sales made pursuant to an order of a court or public 11 law, to require transient traders and dealers to obtain a license 12 before engaging in business, and to regulate by ordinance the 13 terms and conditions of issuing those licenses. 14 (i) To license and regulate hacks and other public 15 vehicles. 16 (j) To provide for and regulate the inspection of 17 provisions. 18 (k) To regulate or prohibit bathing in the rivers, ponds, 19 streams, and waters of the village. 20 (l) To regulate or prohibit the selling, storing, or trans- 21 portation of combustible or explosive substances or materials 22 within the village, and to regulate and restrain the making of 23 fires in the streets or other open spaces in the village. 24 (m) To provide for the organization and regulation of a fire 25 department, to provide for the prevention and extinguishment of 26 fires, and to establish and maintain definite fire limits. 02439'99 b 3 1 (n) To license and regulate solicitors for passengers or 2 baggage for any hotel, tavern, public house, boat, or railroad, 3 and draymen, carmen, truckmen, porters, runners, drivers of cabs, 4 hackney coaches, omnibuses, carriages, sleighs, express vehicles, 5 and other vehicles used and employed for hire, and to fix and 6 regulate the amount and rate of compensation of those 7 individuals. 8 (o) To require horses, mules, or other animals attached to 9 any vehicle or standing in any street, lane, or alley in the vil- 10 lage to be securely fastened, hitched, watched, or held. 11 (p) To prevent and punish horse racing and immoderate driv- 12 ing in any street, park, or alley and to authorize the stopping 13 and detaining of any person who is immoderately driving or riding 14 in any street, park, or alley in the village. 15 (q) To prevent the running at large of dogs, to require dogs 16 to be muzzled, and to authorize the destruction of dogs found at 17 large in violation of an ordinance of the village. 18 (r) To establish lines and grades upon which buildings may 19 be erected, and beyond which buildings shall not extend. 20 (s) To prevent the erection and provide for the removal of 21 buildings considered unsafe. 22 (t) To regulate the placement and provide for the preserva- 23 tion of horse posts or hitching posts. 24 (u) To declare and define the powers and duties of the offi- 25 cers of the village whose powers and duties are not specifically 26 prescribed in this act. 02439'99 b 4 1 (v) To require the treasurer or marshal of the village, and 2 other officers of the village as the council considers proper to 3 give bonds for the discharge of their official duties. 4 (w) To see that the officers of the village perform their 5 duties faithfully and that proper measures are taken to punish 6 neglect of duty by any officer of the village. 7 (x) To provide for the care, custody, and preservation of 8 the public property of the village. 9 (y) To investigate any matter that may come under the juris- 10 diction of the village and that is pursuant to the authority 11 vested in the council or in any officer under this act. The 12 council by majority consent of the council members serving may 13 serve upon a person a subpoena that has been authorized by a 14 court of proper jurisdiction in the county in which the village 15 is located compelling the person to appear before the council or 16 any committee of the council to be examined under oath or to 17 produce a document or object for inspection or copying. If a 18 person objects to or otherwise fails to comply with the written 19 notice served upon him or her, the council may file in that court 20 an action to enforce the subpoena. The court may issue an order 21 requiring the person to appear to be examined or to produce a 22 document or object for inspection or copying. Failure to obey 23 the order of the court is punishable by the court as a contempt. 24 (z) To adopt other ordinances and make other regulations for 25 the safety and good government of the village and the general 26 welfare of its inhabitants that are not inconsistent with the 27 general laws of this state. 02439'99 b 5 1 (aa) To regulate or prohibit public nudity within village 2 boundaries. As used in this subdivision, "public nudity" means 3 knowingly or intentionally displaying in a public place, or for 4 payment or promise of payment by any person including, but not 5 limited to, payment or promise of payment of an admission fee, 6 any individual's genitals or anus with less than a fully opaque 7 covering, or a female individual's breast with less than a fully 8 opaque covering of the nipple and areola. Public nudity does not 9 include any of the following: 10 (i) A woman's breastfeeding of a baby whether or not the 11 nipple or areola is exposed during or incidental to the feeding. 12 (ii) Material as defined in section 2 ofAct No. 343 of the13Public Acts of 1984, being section 752.362 of the Michigan14Compiled Laws1984 PA 343, MCL 752.362. 15 (iii) Sexually explicit visual material as defined in sec- 16 tion 3 ofAct No. 33 of the Public Acts of 1978, being section17722.673 of the Michigan Compiled Laws1978 PA 33, MCL 722.673. 18 Enacting section 1. This amendatory act does not take 19 effect unless all of the following bills of the 90th Legislature 20 are enacted into law: 21 (a) Senate Bill No. ______ or House Bill No. ______ (request 22 no. 02439'99). 23 (b) Senate Bill No. ______ or House Bill No. ______ (request 24 no. 02439'99 a). 25 (c) Senate Bill No. ______ or House Bill No. ______ (request 26 no. 02439'99 c). 02439'99 b Final page. LBO