HOUSE BILL No. 4417 March 18, 1999, Introduced by Reps. Minore, Jamnick, Bogardus, Brewer, Hale, Basham, Neumann, Rison and Quarles and referred to the Committee on Regulatory Reform. A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 1 of chapter XI (MCL 91.1), as amended by 1994 PA 19. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER XI 2 Sec. 1. (1) A city incorporated under the provisions of 3 this act has, and the council may pass ordinances relating to, 4 the following general powers: 5 (a) To restrain and prevent vice and immorality, gambling, 6 noise and disturbance, and indecent or disorderly conduct or 7 assemblages; to prevent and quell riots; to preserve peace and 8 good order; and to protect the property of the city or of persons 9 in the city. 02439'99 c LBO 2 1 (b) To prohibit vagrancy, truancy, begging, public 2 drunkenness, disorderly conduct, or prostitution. 3 (c) To prevent injury or annoyance from anything dangerous, 4 offensive, or unhealthy; to prohibit and remove anything tending 5 to cause or promote disease; and to prevent and abate nuisances. 6 (d) To prohibit and suppress places of disorderly conduct, 7 immorality, or vice. 8 (e) To regulate or license the use of places of 9 entertainment. 10 (f) To prohibit and suppress gambling and to authorize the 11 seizure and destruction of instruments and devices used for 12 gambling. 13 (g) To prohibit and prevent the selling or giving of alco- 14 holic liquor, as defined in section2 of the Michigan liquor15control act, Act No. 8 of the Public Acts of the Extra Session of161933, being section 436.2 of the Michigan Compiled Laws105 OF 17 THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA 58, 18 MCL 436.1105. 19 (h) To regulate, restrain, or prohibit sports, exhibitions, 20 caravans, and shows for which money or other reward is demanded 21 or received, except lectures on historic, literary, or scientific 22 subjects. 23 (i) To prevent the violation of the Sabbath day, or the dis- 24 turbance of a religious meeting, congregation, or society or 25 other public meeting assembled for a lawful purpose; and to 26 require businesses to be closed on the Sabbath day. 02439'99 c 3 1 (j) Tolicense,regulate,or prohibit auctioneers, 2 auctions, and sales by public bids or offers by buyers or sellers 3 in the manner of auctions; and to regulate the fees to be paid by 4 and to auctioneers.However, a license shall not be required in5case of sales required by law to be made at auction.6 (k) To license, regulate, or prohibit hawking and peddling 7 and to license pawnbroking. 8 (l) To license and regulate wharf boats and to regulate the 9 use of boats in and about the harbor, if any, and within the 10 jurisdiction of the city. 11 (m) To establish, authorize, license, and regulate ferries 12 to and from the city or a place in the city; and to regulate and 13 prescribe the charges and prices for the transportation of per- 14 sons and property by ferry. 15 (n) To regulate and license taverns, houses of public enter- 16 tainment, saloons, restaurants, and eating houses; and to regu- 17 late and prescribe the location of saloons. This subdivision 18 does not authorize the licensing of the sale of alcoholic liquor, 19 as defined in section2 of Act No. 8 of the Public Acts of the20Extra Session of 1933105 OF THE MICHIGAN LIQUOR CONTROL CODE OF 21 1998, 1998 PA 58, MCL 436.1105. 22 (o) To license and regulate vehicles used for the transpor- 23 tation of persons or property for hire in the city; and to regu- 24 late or fix their stands on the streets and public places and at 25 wharves, boat landings, railroad station grounds, and other 26 places. 02439'99 c 4 1 (p) To regulate and license toll bridges within the city and 2 to prescribe the rates and charges for passage over the bridges. 3 (q) To provide for and regulate the inspection of food. 4 (r) To regulate the inspection, weighing, and measuring of 5 brick, lumber, firewood, coal, hay, and any article of 6 merchandise. 7 (s) To provide for the inspection and sealing of weights and 8 measures and to enforce the keeping and use of proper weights and 9 measures by venders. 10 (t) To regulate the construction, repair, and use of vaults, 11 cisterns, areas, hydrants, pumps, sewers, and gutters. 12 (u) To prohibit and prevent indecent exposure of the person; 13 the show, sale, or exhibition for sale of indecent or obscene 14 pictures, drawings, engravings, paintings, books, or pamphlets; 15 and indecent or obscene exhibitions and shows. 16 (v) To regulate or prohibit bathing in the city's bodies of 17 water. 18 (w) To provide for the clearing of driftwood and noxious 19 matter from the city's bodies of water; and to prohibit and pre- 20 vent the depositing in the city's bodies of water of matter tend- 21 ing to render the water impure, unwholesome, or offensive. 22 (x) To compel the owner or occupant of any grocery, tallow 23 chandler shop, soap or candy factory, butcher shop or stall, 24 slaughter house, stable, barn, privy, sewer, or other offensive, 25 nauseous, or unwholesome place to cleanse, remove, or abate it 26 when the council considers it necessary for the health, comfort, 27 or convenience of the inhabitants of the city. 02439'99 c 5 1 (y) To regulate the keeping, selling, and using of dynamite, 2 gunpowder, firecrackers and fireworks, and other explosive or 3 combustible materials; to regulate the exhibition of fireworks 4 and the discharge of firearms; and to restrain the making of 5 fires in the streets and other open spaces in the city. 6 (z) To direct and regulate the construction of cellars, 7 slips, barns, private drains, sinks, and privies. 8 (aa) To prohibit, prevent, and suppress mock auctions and 9 fraudulent games, devices, and practices. Persons managing, 10 using, or practicing; attempting to manage, use, or practice; or 11 aiding in the management or practice of a mock auction or fraudu- 12 lent game, device, or practice may be subject to the provisions 13 of an ordinance under this subdivision. 14 (bb) To prohibit, prevent, and suppress lotteries for the 15 drawing or disposing of money or other property. Persons main- 16 taining, directing, or managing such lotteries or aiding in the 17 maintenance, directing, or managing of such lotteries may be 18 subject to the provisions of an ordinance under this 19 subdivision. 20 (cc) To license and regulate solicitors for passengers or 21 for baggage to and from a hotel, tavern, public house, boat, or 22 railroad and to provide the places where they may be admitted to 23 solicit or receive patronage; and to license and regulate 24 porters, runners, and drivers of vehicles used and employed for 25 hire, to provide the places where they be admitted to solicit or 26 receive patronage, and to fix and regulate the amounts and rates 27 of their compensation. 02439'99 c 6 1 (dd) To provide for the protection and care of paupers. 2 (ee) To provide for taking a census of the inhabitants of 3 the city, whenever the council sees fit, and to direct and regu- 4 late the census. 5 (ff) To provide for the issuing of licenses to the owners 6 and keepers of dogs and to require the owners and keepers of dogs 7 to pay for and obtain such licenses; and to regulate and prevent 8 the running at large of dogs, to require dogs to be muzzled, and 9 to authorize the killing of dogs running at large or not licensed 10 in violation of an ordinance of the city. 11 (gg) To prohibit the possession or use of toy pistols, 12 slingshots, and other dangerous toys or implements within the 13 city. 14 (hh) To require horses, mules, or other animals attached to 15 vehicles or standing in the streets, lanes, or alleys in the city 16 to be securely fastened, hitched, watched, or held and to regu- 17 late the placing and provide for the preservation of hitching 18 posts. 19 (ii) To provide for and regulate the numbering of buildings 20 upon the streets and alleys; to require the owners or occupants 21 of buildings to affix numbers on the buildings; and to designate 22 and change the names of public streets, alleys, and parks. 23 (jj) To provide for, establish, regulate, and preserve 24 public fountains and reservoirs within the city, and troughs and 25 basins for watering animals. 26 (kk) To prevent or provide for the construction and 27 operation of street railways, to regulate street railways, and to 02439'99 c 7 1 determine and designate the route and grade of any street railway 2 to be laid or constructed in the city. 3 (ll) To establish and maintain a public library, to provide 4 a suitable building for that public library, and to aid in main- 5 taining such other public libraries as may be established within 6 the city by private beneficence as the council considers to be 7 for the public good. 8 (mm) To license transient traders. In the case of transient 9 traders who engage in the business of selling goods or merchan- 10 dise after the commencement of the fiscal year, the license fee 11 may be apportioned with relation to the part of the fiscal year 12 that has expired. If such traders continue in the same business 13 after the commencement of the next fiscal year, and their goods 14 or merchandise are assessed for taxes for the next fiscal year, 15 the traders shall not be required to take out a second license 16 upon the commencement of the next fiscal year. 17 (2) The council may enact ordinances and make regulations, 18 consistent with the laws and constitution of the state as they 19 may consider necessary for the safety, order, and good government 20 of the city and the general welfare of the inhabitants of the 21 city, but exclusive rights, privileges, or permits shall not be 22 granted by the council. 23 Enacting section 1. This amendatory act does not take 24 effect unless all of the following bills of the 90th Legislature 25 are enacted into law: 26 (a) Senate Bill No. ______ or House Bill No. ______ (request 27 no. 02439'99). 02439'99 c 8 1 (b) Senate Bill No. ______ or House Bill No. ______ (request 2 no. 02439'99 a). 3 (c) Senate Bill No. ______ or House Bill No. ______ (request 4 no. 02439'99 b). 02439'99 c Final page. LBO