HOUSE BILL No. 6006

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

A bill to amend 1945 PA 246, entitled

"An act to authorize township boards to adopt ordinances and

regulations 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 ordinances; to prescribe powers and duties of township boards

and certain local and state officers and agencies; to provide

sanctions; and to repeal all acts and parts of acts in conflict

with the act,"

by amending sections 4, 5, and 6 (MCL 41.184, 41.185, and 41.186),

section 4 as amended by 2012 PA 9, section 5 as amended by 1999 PA

257, and section 6 as added by 1989 PA 78.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. (1) A township ordinance shall contain a provision

stating when the ordinance takes effect.

(2) Except as provided in section 22 of the charter township

act, 1947 PA 359, MCL 42.22, and section 401 of the Michigan zoning

enabling act, 2006 PA 110, MCL 125.3401, a township ordinance shall

take effect as follows:

(a) If an ordinance imposes a sanction for the violation of

the ordinance, the ordinance shall take effect 30 days after the

first publication or posting of the ordinance.

(b) If an ordinance does not impose a sanction for the

violation of the ordinance, the ordinance shall take effect the day

following the date of the publication or posting of the ordinance

or any date following publication or posting specified in the

ordinance.

(3) ~~Publication~~ Before January 1, 2015, publication of the

ordinance shall be made within 30 days after the passage of the

ordinance by inserting either a true copy or a summary of the

ordinance once in a newspaper circulating within the township.

Beginning January 1, 2015, within 30 days after the passage of the

ordinance, tier B public notice of a true copy or a summary of the

ordinance shall be provided as set forth in the local government

public notice act. A summary of an ordinance may be drafted by the

same person who drafted the ordinance or by the township board or

township planning commission and shall be written in clear and

nontechnical language. Each section of an ordinance or a summary of

an ordinance shall be preceded by a catch line. If a summary of an

ordinance is published or posted, the township shall designate in

the publication or posting the location in the township where a

true copy of the ordinance can be inspected or obtained.

(4) If an ordinance adopts by reference a provision of any

state statute for which the maximum period of imprisonment is 93

days or the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

257.923, a statement of the purpose of the statute shall be

published or posted with the adopting ordinance or with the summary

of the adopting ordinance under subsection (3). Copies of the

statute adopted by the township by reference shall be kept in the

office of the township clerk, available for inspection by and

distribution to the public. The township shall include in the

publication or posting the designation of a location in the

township where a copy of the statute can be inspected or obtained.

Except as otherwise provided in this subsection, a township shall

not enforce any provision adopted by reference for which the

maximum period of imprisonment is greater than 93 days. A township

may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA

300, MCL 257.625, by reference in an adopting ordinance and shall

provide that a violation of that ordinance is a misdemeanor

punishable by 1 or more of the following:

(a) Community service for not more than 360 hours.

(b) Imprisonment for not more than 180 days.

Sec. 5. (1) Within 1 week after the publication or posting of

an ordinance as provided in section 4, the township clerk shall

record the ordinance in a book of ordinances kept by him or her for

that purpose; record the date of the passage of the ordinance, the

names of the members of the township board voting, and how each

member voted; and file an attested copy of the ordinance with the

county clerk. If the ordinance adopts by reference a provision of

any state statute for which the maximum period of imprisonment is

93 days or the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

257.923, the township clerk shall also file a copy of the statute

with the county clerk. The township clerk shall certify under the

ordinance in a blank space provided the date or dates of

publication or posting of the ordinance, the name of the newspaper

in which publication was made, if applicable, and the date of

filing with the county clerk.

(2) The county clerk shall maintain separate files for any

statute filed under subsection (1) for each township in the county.

The county clerk shall make the files readily available to the

public.

(3) The provisions of this section with regard to filing with

the county clerk do not apply to a township that maintains a

township office open to the public during regular hours on each

business day.

(4) The county clerk may charge a reasonable fee for the

reproduction or furnishing of a copy of an ordinance or statute

filed under subsection (1).

Sec. 6. Each township may codify, recodify, and continue in

code its ordinances, in whole or in part, without the necessity of

publishing or posting the entire code in full. The ordinance

adopting the code, as well as subsequent ordinances repealing,

amending, continuing, or adding to the code, shall be published or

posted as required by law. The ordinance adopting the code may

amend, repeal, revise, or rearrange ordinances or parts of

ordinances by reference by title only.

Enacting section 1. This amendatory act does not take effect