reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.5 - Contents, Form, and Issuance of Warrant; Law Governing Proceedings.

90.5 Contents, form, and issuance of warrant; law governing proceedings.
Sec. 5.
(1) A warrant shall be in the name of the people of the state of Michigan and shall set forth the substance of the offense complained of, and shall be substantially of the form and be issued upon complaint made, as provided by law in misdemeanor cases in the district court.
(2) Except as otherwise provided in this act, the proceedings relating to the arrest and custody of the accused during the pendency of the suit, the pleadings, proceedings upon the trial of the cause, in procuring the attendance and testimony of witnesses, in the rendition of judgment, and in the execution of judgment, shall be governed by, and conform as nearly as practicable to the provisions of law regulating the proceedings in misdemeanor cases in the district court.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3093 ;-- CL 1915, 3007 ;-- CL 1929, 1931 ;-- CL 1948, 90.5 ;-- Am. 1978, Act 539, Imd. Eff. Dec. 22, 1978
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.6 - Judgment or Conviction; Limitation on Sanctions; Costs.

90.6 Judgment or conviction; limitation on sanctions; costs.
Sec. 6.
Upon judgment or conviction, the court shall impose a sanction not exceeding the limit prescribed in the ordinance violated, as the nature of the case may require, together with such costs of prosecution as the court shall order. In a civil infraction action, the district court may assess costs as provided in section 907 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.907 of the Michigan Compiled Laws, or section 8727 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.8727 of the Michigan Compiled Laws.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3094 ;-- CL 1915, 3008 ;-- CL 1929, 1932 ;-- CL 1948, 90.6 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.7 - Judgment; Execution; Fine and Imprisonment.

90.7 Judgment; execution; fine and imprisonment.
Sec. 7.
Every such judgment shall be executed by virtue of an execution or warrant, specifying the particulars of the judgment. If the judgment be for the payment of a fine only, with or without costs, execution of the form prescribed in section 3 of this chapter shall issue forthwith. If judgment be for both fine and imprisonment, a warrant shall issue immediately for the commitment of the defendant until the expiration of the term mentioned in the sentence, and an execution shall issue at the same time against the goods and chattels of the defendant for the collection of the fine or forfeiture imposed; but in neither case above mentioned shall the imprisonment without payment operate as a satisfaction of the fine and costs imposed. In cases where a fine and imprisonment in default of payment thereof, or where imprisonment alone is imposed, a warrant of commitment shall issue accordingly, in the former case, until the expiration of the sentence, unless the fine and costs be sooner paid, and in the latter, for the term named in the sentence.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3095 ;-- CL 1915, 3009 ;-- CL 1929, 1933 ;-- CL 1948, 90.7
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.8 - Imprisonment; City Use of County Jail.

90.8 Imprisonment; city use of county jail.
Sec. 8.
Every city shall be allowed the use of the jail of the county in which it is located, for the confinement of all persons liable to imprisonment under the ordinances thereof, or under any of the provisions of this act; and any person so liable to imprisonment may be sentenced to, and committed to imprisonment, in such county jail or in the city prison, or other place of confinement provided by the city, or authorized by law, and the sheriff or other keeper of such jail, or other place of confinement or imprisonment, shall receive and safely keep any person committed thereto as aforesaid, until lawfully discharged.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3096 ;-- CL 1915, 3010 ;-- CL 1929, 1934 ;-- CL 1948, 90.8
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.9 - Process; Direction and Execution.

90.9 Process; direction and execution.
Sec. 9.
Process issued in a prosecution or proceeding for the violation of an ordinance of the city shall be directed to the city marshal or to a constable of the city or county, and may be executed in any part of the state by these officers or another officer authorized by law to serve process issued by the district court.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3097 ;-- CL 1915, 3011 ;-- CL 1929, 1935 ;-- CL 1948, 90.9 ;-- Am. 1978, Act 539, Imd. Eff. Dec. 22, 1978
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.10 - Cause of Action; Allegations; Applicability of Subsection (1); Judicial Notice.

90.10 Cause of action; allegations; applicability of subsection (1); judicial notice.
Sec. 10.
(1) It is not necessary in a proceeding for the violation of an ordinance of the city to state or set forth the ordinance or a provision of the ordinance in a warrant, process, or pleading. It is a sufficient statement of the cause of action in the warrant, process, or pleading to set forth substantially, and with reasonable certainty as to time and place, the act or offense complained of and to allege it to be in violation of an ordinance of the city, referring to the ordinance by its title and the date of its passage or approval. This subsection does not apply to an ordinance violation that constitutes a civil infraction.
(2) A judge or district court magistrate having authority to hear or determine a proceeding for the violation of an ordinance of the city shall take judicial notice of the enactment or adoption, existence, and provisions of the ordinances of the city and the resolutions of the council and of the authority of the city or council to enact or adopt the ordinances and resolutions.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3098 ;-- CL 1915, 3012 ;-- CL 1929, 1936 ;-- CL 1948, 90.10 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.11 - Trial by Jury.

90.11 Trial by jury.
Sec. 11.
In prosecutions for violations of the ordinances of the city, either party may require a trial by jury. The jury, except when other provision is made, shall consist of 6 persons. In suits commenced by warrant, the jury shall be selected and summoned as in misdemeanor cases in the district court. In civil actions to recover penalties for the city ordinance violation, the jury shall be selected and summoned as in other civil actions in the district court. An inhabitant of the city shall not be incompetent to serve as a juror in any cause in which the city is a party or is interested due solely to the interest in the outcome of the action which the person may have in common with the other inhabitants of the city.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3099 ;-- CL 1915, 3013 ;-- CL 1929, 1937 ;-- CL 1948, 90.11 ;-- Am. 1978, Act 539, Imd. Eff. Dec. 22, 1978
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.12 - Appeal; Judicial Notice of Ordinances and Resolutions.

90.12 Appeal; judicial notice of ordinances and resolutions.
Sec. 12.
(1) In an action commenced by warrant as provided in this act, a party convicted of a violation of an ordinance of the city may appeal the judgment to the circuit court in the county in which the city is located, in the same manner as in misdemeanor cases appealed from the district court.
(2) In a suit to which the city is a party, brought to recover a penalty or forfeiture for violation of an ordinance, either party may appeal from the judgment to the circuit court in the county in which the city is located, in the same manner as in civil actions appealed from the district court, except that the city shall not be required to give a bond or security.
(3) The circuit court to which the cause is appealed shall take judicial notice of the ordinances of the city and the resolutions of the council.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3100 ;-- CL 1915, 3014 ;-- CL 1929, 1938 ;-- CL 1948, 90.12 ;-- Am. 1978, Act 539, Imd. Eff. Dec. 22, 1978
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.13 - Fines Imposed for Violations; Payment.

90.13 Fines imposed for violations; payment.
Sec. 13.
Except in cases in which a fine is paid to a parking violations bureau or a municipal ordinance violations bureau pursuant to section 8395 or 8396 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.8395 and 600.8396 of the Michigan Compiled Laws, a fine imposed for a violation of an ordinance of the city shall be received by the clerk for the court in which judgment or conviction was had. If the fine is collected upon execution, the person receiving the fine shall immediately pay the money collected to that clerk. If the defendant is committed, the fine and costs imposed shall be paid to the sheriff or other keeper of the jail or prison, who shall, within 30 days after receiving payment, pay the money to that clerk for distribution pursuant to section 8379 of Act No. 236 of the Public Acts of 1961, being section 600.8379 of the Michigan Compiled Laws.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3101 ;-- CL 1915, 3015 ;-- CL 1929, 1939 ;-- CL 1948, 90.13 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.14 - Fines Imposed for Violations; Neglect of Receiver, Penalty.

90.14 Fines imposed for violations; neglect of receiver, penalty.
Sec. 14.
If any person who shall have received any such fine or any part thereof shall neglect to pay over the same pursuant to the foregoing provision, it shall be the duty of the council to cause suit to be commenced immediately therefor, in the name of the city, and to prosecute the same to effect. Any person receiving any such fine who shall wilfully neglect or refuse to pay over the same as required by the foregoing provisions, shall be deemed guilty of a misdemeanor and shall be punished accordingly.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3102 ;-- CL 1915, 3016 ;-- CL 1929, 1940 ;-- CL 1948, 90.14
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.15 - Fines Imposed for Violations; Disposition.

90.15 Fines imposed for violations; disposition.
Sec. 15.
Fines paid into the city treasury for violations of ordinances of the city shall be disposed of as the council may direct. The expense of apprehending and sanctioning a person who violates an ordinance of the city, except the part of the expense paid by costs collected, shall be defrayed by the city.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3103 ;-- CL 1915, 3017 ;-- CL 1929, 1941 ;-- CL 1948, 90.15 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.16 - District Court; Jurisdiction; Proceedings; Applicable Laws.

90.16 District court; jurisdiction; proceedings; applicable laws.
Sec. 16.
The district court in the judicial district in which a city incorporated under this act is located has jurisdiction to hear, try, and determine a case for a violation of an ordinance of the city. Unless the case is a civil infraction action, proceedings in the district court shall be the same as in a prosecution to recover a penalty or forfeiture or to punish a violation of a criminal law of this state. The laws of this state regulating prosecutions in misdemeanor cases and the recovery of penalties apply.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3104 ;-- CL 1915, 3018 ;-- CL 1929, 1942 ;-- CL 1948, 90.16 ;-- Am. 1978, Act 539, Imd. Eff. Dec. 22, 1978 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.17 - Repealed. 1978, Act 539, Imd. Eff. Dec. 22, 1978.

90.17 Repealed. 1978, Act 539, Imd. Eff. Dec. 22, 1978.
Compiler's Notes:
The repealed section pertained to jurisdiction of justice of the peace.
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-X - Chapter X Enforcement of Ordinances. (90.1...90.18) › Section 90.18 - Prosecutions by Person Other Than Officer; Security Filed for Payment of Costs.

90.18 Prosecutions by person other than officer; security filed for payment of costs.
Sec. 18.
In all prosecutions for violations of the ordinances of the city, commenced by any person other than an officer of the city, the court may require the prosecutor to file security for the payment of the costs of the proceedings, in case the defendant is acquitted. But he shall not be liable for the payment of the costs if the magistrate before whom the complaint is made, or trial is had, shall certify in his minutes that there was probable cause for the making of such complaint.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3106 ;-- CL 1915, 3020 ;-- CL 1929, 1944 ;-- CL 1948, 90.18
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.2 - License; Conditions for Granting; Revocation; Sanctions.

91.2 License; conditions for granting; revocation; sanctions.
Sec. 2.
(1) The council may prescribe the terms and conditions upon which a license shall be granted and may require payment of a reasonable sum for a license. The person receiving the license shall, before the license is issued, execute a bond to the corporation, if required by the council, in a sum prescribed by the council, with 1 or more sufficient sureties, conditioned for a faithful observance of the charter of the corporation and the ordinances of the council, and otherwise conditioned as the council may prescribe.
(2) A license is revocable by the council. If a license is revoked for noncompliance with the terms and conditions upon which it was granted, or on account of a violation of an ordinance or regulation passed or authorized by the council, the person holding the license shall, in addition to any other sanctions imposed, forfeit payments made for the license.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3108 ;-- CL 1915, 3022 ;-- CL 1929, 1946 ;-- CL 1948, 91.2 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.3 - License; Term; Transfer Prohibited; Sanctions.

91.3 License; term; transfer prohibited; sanctions.
Sec. 3.
Except as otherwise provided in section 1(1)(mm) of this chapter, a license shall not be granted for a term beyond the next first Monday in June or be transferable. The council may provide sanctions for a person who, without license, does something for which a license is required by an ordinance or regulation of the council.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3109 ;-- CL 1915, 3023 ;-- CL 1929, 1947 ;-- CL 1948, 91.3 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.4 - License Receipts; Disposition.

91.4 License receipts; disposition.
Sec. 4.
All sums received for licenses granted for any purpose by the city or under its authority, shall be paid into the city treasury to the credit of the contingent fund.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3110 ;-- CL 1915, 3024 ;-- CL 1929, 1948 ;-- CL 1948, 91.4
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.5 - Franchise Rights in Streets; Council Vote; Private Damage Suits.

91.5 Franchise rights in streets; council vote; private damage suits.
Sec. 5.
The council of any city shall have authority to permit any railroad company or street railway company to lay its track, and operate its road with steam, electric or other power, in or across the streets, highways and public alleys of the city, as the council may deem expedient, upon such terms and conditions, and subject to such regulations, to be observed by the company, as the council may prescribe; and to prohibit the laying of such track, or the operating of any such road, except upon such terms and conditions. But such permission shall not affect the right or claim of any person for damages sustained by reason of the construction or location of any such railroad or street railway: Provided, That no franchise for the use or occupancy of any street for any purpose shall be granted to an individual, company or corporation, except by a 2/3 vote of all the aldermen elect, nor shall any such franchise be granted for a period exceeding 30 years.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3111 ;-- CL 1915, 3025 ;-- CL 1929, 1949 ;-- CL 1948, 91.5
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.6 - Railroad Track; Location and Grade of Street Crossings; Construction and Repair; Flagmen; Lighting; Enforcement of Ordinance Prescribing Maximum Speed Limit.

91.6 Railroad track; location and grade of street crossings; construction and repair; flagmen; lighting; enforcement of ordinance prescribing maximum speed limit.
Sec. 6.
The council may provide for and change the location and grade of street crossings of any railroad track; compel any railroad company or street railway company to raise or lower its railroad track to conform to street grades which may be established by the city; construct street crossings in a manner and with the protection to persons crossing at those crossings as the council may require and to keep those crossings in repair; and require and compel railroad companies to keep flagmen or watchmen at all railroad crossings of streets and to give warning of the approach and passage of trains at those crossings and to light those crossings during the night. On and after the effective date of a passenger railroad maximum speed limit specified in a final order of the director of the state transportation department, an ordinance of a city prescribing the maximum speed limit of locomotives used in passenger train operations or of passenger railroad trains shall not be enforceable as to a speed limit other than the limit set forth in the order.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3112 ;-- CL 1915, 3026 ;-- CL 1929, 1950 ;-- CL 1948, 91.6 ;-- Am. 1984, Act 12, Imd. Eff. Feb. 16, 1984
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.7 - Railroad Companies; Drainage Repairs; Failure, Expense of Company.

91.7 Railroad companies; drainage repairs; failure, expense of company.
Sec. 7.
The council shall have power to require and compel any railroad company and any street railway company to make, keep open and in repair, such ditches, drains, sewers and culverts, along and under, or across their railroad tracks, as may be necessary to drain their grounds and right of way properly, and in such manner as the council shall direct, so that the natural drainage of adjacent property shall not be impeded. If any such railroad company or street railway company shall neglect to perform any such requirement, according to the directions of the council, the council may cause the work to be done at the expense of such company, and the amount of such expense may be collected at the suit of the city against the company, in a civil action, before any court having jurisdiction of the cause.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3113 ;-- CL 1915, 3027 ;-- CL 1929, 1951 ;-- CL 1948, 91.7
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.8 - Partition Fence; Ordinances, By-Laws, Regulation.

91.8 Partition fence; ordinances, by-laws, regulation.
Sec. 8.
The council is authorized to enact all such ordinances and by-laws as it may deem proper relative to the building, rebuilding, maintaining and repairing of partition fences by the owners and occupants of adjoining lots, inclosures and parcels of land in said city; and relative to the assigning to the owners or occupants of such adjoining pieces of land the portion of such partition fences to be maintained by them respectively; and may provide for the recording of such assignments and divisions when made; and may provide for the recovery of damages from any owner or occupant who shall fail to comply with the provisions and requirements of any ordinance relative to such partition fences. And the council may appoint fence-viewers, and prescribe their duties and mode of proceeding in all cases relative to partition fences in said city.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3114 ;-- CL 1915, 3028 ;-- CL 1929, 1952 ;-- CL 1948, 91.8
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XI - Chapter XI General Powers of City Corporations. (91.1...91.9) › Section 91.9 - Support of Poor Persons; Director of the Poor.

91.9 Support of poor persons; director of the poor.
Sec. 9.
The council of any city may make such provision as they shall deem expedient for the support and relief of poor persons residing in the city; and for that purpose may provide by ordinance for the election or appointment of a director of the poor for the city, and may prescribe his duties and vest him with such authority as may be proper for the exercise of his duties.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3115 ;-- CL 1915, 3029 ;-- CL 1929, 1953 ;-- CL 1948, 91.9
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XII - Chapter XII Police. (92.1...92.6) › Section 92.1 - Policemen; Watchmen.

92.1 Policemen; watchmen.
Sec. 1.
The council of any city may provide, by ordinance, for a police force and for the appointment by the mayor of such number of policemen and nightwatchmen as they may think necessary for the good government of the city and for the protection of the persons and property of the inhabitants; and may authorize the mayor to appoint special policemen from time to time, when in his judgment the emergency or necessity may so require.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3116 ;-- Am. 1907, Act 320, Eff. Sept. 28, 1907 ;-- CL 1915, 3030 ;-- CL 1929, 1954 ;-- CL 1948, 92.1
Constitutionality:
There was no state or federal constitutional violation by the police in the impoundment and inventory of the defendant's car. The impoundment was in accord with departmental procedures and the procedures were within the constitutionally mandated authority of the municipality. People v Krezen, 427 Mich 681; 397 NW2d 803 (1986).
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XII - Chapter XII Police. (92.1...92.6) › Section 92.2 - Policemen; Rules, Regulations; Temporary Appointments.

92.2 Policemen; rules, regulations; temporary appointments.
Sec. 2.
The council may make and establish rules for the regulation and government of the police, prescribing and defining the powers and duties of policemen and nightwatchmen, and shall prescribe and enforce such police regulations as will most effectually preserve the peace and good order of the city, preserve the inhabitants from personal violence, and protect public and private property from destruction by fire and from unlawful depredation. The mayor is hereby authorized, whenever he shall deem it necessary for the preservation of peace and good order in the city, to appoint and place on duty such number of temporary policemen as in his judgment the emergencies of the case may require; but such appointments, unless made in accordance with some ordinance or resolution of the council shall not continue longer than 3 days.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3117 ;-- CL 1915, 3031 ;-- CL 1929, 1955 ;-- CL 1948, 92.2
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XII - Chapter XII Police. (92.1...92.6) › Section 92.3 - City Marshal; Duties.

92.3 City marshal; duties.
Sec. 3.
The city marshal, subject to the direction of the mayor, shall, as chief of police, have the superintendence and direction of the policemen and night-watchmen, subject to such regulations as may be prescribed by the council.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3118 ;-- CL 1915, 3032 ;-- CL 1929, 1956 ;-- CL 1948, 92.3
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XII - Chapter XII Police. (92.1...92.6) › Section 92.4 - Police Officers; Powers; Duties.

92.4 Police officers; powers; duties.
Sec. 4.
Under the direction of the mayor and chief of police, and in conformity with the ordinances of the city and laws of this state, the police shall suppress riots, disturbances, and breaches of the peace; pursue and arrest a person fleeing from justice in any part of the state; apprehend a person in the act of violating a law of this state, or an ordinance of the city, involving a breach of the peace, and, unless the violation constitutes a civil infraction, take the offender before the proper court or magistrate, to be dealt with for the violation; make complaints to the proper officers and magistrates of any person known or believed by them to be guilty of the violation of the ordinances of the city or the penal laws of the state or to be responsible for a violation of an ordinance or law of this state designated as a civil infraction; diligently and faithfully to enforce all laws, ordinances, and regulations for the preservation of good order and the public welfare as the council may ordain; and serve process directed or delivered to them for service. For such purposes, the chief of police and every police officer have the powers of constables and may arrest, upon view and without process, a person in the act of violating an ordinance of the city involving a breach of the peace, unless the violation constitutes a civil infraction, or of committing a violation of a criminal law of this state. The chief of police and a police officer may serve and execute process in a proceeding for a violation of an ordinance of the city, and also any other process that a constable may serve.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3119 ;-- CL 1915, 3033 ;-- CL 1929, 1957 ;-- CL 1948, 92.4 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XII - Chapter XII Police. (92.1...92.6) › Section 92.4a - Police Officer or Constable; Authority to Execute Bench Warrant.

92.4a Police officer or constable; authority to execute bench warrant.
Sec. 4a.
A police officer of a city or, if authorized by the city council, a constable of a city has the same authority within the city as a deputy sheriff to execute a bench warrant for arrest issued by a court of record or a municipal court.
History:
Add. 1992, Act 49, Imd. Eff. May 12, 1992
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XII - Chapter XII Police. (92.1...92.6) › Section 92.5 - Police Force; Fees, Compensation; Monthly Report.

92.5 Police force; fees, compensation; monthly report.
Sec. 5.
When employed in the service of process, policemen shall receive the same fees therefor as are allowed to constables for like services; when otherwise engaged in the performance of police duty, they shall receive such compensation therefor from the city as the council may prescribe. Every policeman shall report on oath to the council, at its first meeting in every month, the amount of all moneys and fees received by him for services as policeman since his last preceding report and the names of the persons from whom received, and the amount received from each.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3120 ;-- CL 1915, 3034 ;-- CL 1929, 1958 ;-- CL 1948, 92.5
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XII - Chapter XII Police. (92.1...92.6) › Section 92.6 - Police Force; Suspension, Removal.

92.6 Police force; suspension, removal.
Sec. 6.
The mayor may suspend any policeman or nightwatchman on the complaint in writing and under oath of any citizen or on his own motion for a period of not longer than 30 days for neglect of duty, misconduct, or other sufficient cause. At a public hearing before such mayor, as provided for in section 3 of chapter 7 of this act, if such mayor shall be satisfied of the guilt of such policeman or nightwatchman, then it shall be the duty of such mayor to remove such officer from office. After such removal the mayor shall report such action to the council at its next regular meeting and his reasons therefor.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3121 ;-- Am. 1899, Act 136, Imd. Eff. June 21, 1899 ;-- Am. 1907, Act 320, Eff. Sept. 28, 1907 ;-- CL 1915, 3035 ;-- CL 1929, 1959 ;-- CL 1948, 92.6
Compiler's Notes:
For provisions of section 3 of chapter 7, referred to in this section, see MCL 87.3.
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XIII - Chapter XIII City Prison. (93.1...93.2) › Section 93.1 - Prison Facilities.

93.1 Prison facilities.
Sec. 1.
The council of any city shall have power to provide and maintain a city prison, and such watch or station houses as may be necessary, and may provide for the confinement therein of all persons liable to imprisonment or detention under the ordinances of the city, and for the employment of those imprisoned therein.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3122 ;-- CL 1915, 3036 ;-- CL 1929, 1960 ;-- CL 1948, 93.1
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XIII - Chapter XIII City Prison. (93.1...93.2) › Section 93.2 - Prisoners; Hard Labor.

93.2 Prisoners; hard labor.
Sec. 2.
All persons sentenced to confinement in the city prison, and all persons imprisoned therein on execution or commitment for the non-payment of fines for violations of the ordinances of the city, may be kept at hard labor during the term of their imprisonment, either within or without the prison, under such regulations as the council may prescribe.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3123 ;-- CL 1915, 3037 ;-- CL 1929, 1961 ;-- CL 1948, 93.2
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XIV - Chapter XIV Public Health. (94.1...94.8) › Section 94.1-94.8 - Repealed. 1978, Act 368, Eff. Sept. 30, 1978.

94.1-94.8 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.1 - City Ownership of Cemetery; Regulation.

95.1 City ownership of cemetery; regulation.
Sec. 1.
Any city may acquire, hold and own such cemetery or public burial place or places, either within or without the limits of the corporation, as in the opinion of the council shall be necessary for the public welfare, and suitable for the convenience of the inhabitants, and may prohibit the interment of the dead within the city, or may limit such interments therein to such cemetery or burial place as the council may prescribe; and the council may cause any bodies buried within the city in violation of any rule or ordinance made in respect to such burials to be taken up and buried elsewhere.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3132 ;-- CL 1915, 3046 ;-- CL 1929, 1970 ;-- CL 1948, 95.1
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.2 - Appropriation, Cemetery.

95.2 Appropriation, cemetery.
Sec. 2.
The council may, within the limitations of this act contained, raise and appropriate such sums as may be necessary for the purchase of cemetery grounds and for the improvement, adornment, protection and care thereof.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3133 ;-- CL 1915, 3047 ;-- CL 1929, 1971 ;-- CL 1948, 95.2
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.3 - Board of Cemetery Trustees; Appointment, Term, Removal.

95.3 Board of cemetery trustees; appointment, term, removal.
Sec. 3.
Whenever any city shall own, purchase or otherwise acquire any cemetery or cemetery grounds, the mayor, by and with the consent of the council, shall appoint 5 trustees who shall be freeholders and electors in the city, and who shall constitute a "board of cemetery trustees." The 5 trustees so appointed shall hold their offices for the term of 5 years, except that at the first appointment 1 shall be appointed for 1 year, 1 for 2 years, 1 for the term of 3 years, 1 for the term of 4 years and 1 for the term of 5 years from the first Monday in May of the year when appointed, and annually thereafter 1 trustee shall be appointed. The council may remove any trustee so appointed, for inattention to his duties, want of proper judgment, skill, or taste for the proper discharge of the duties required of him, or other good cause. Said board shall serve without compensation.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3134 ;-- CL 1915, 3048 ;-- CL 1929, 1972 ;-- CL 1948, 95.3
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.4 - Board of Cemetery Trustees; Chairman, Clerk; Powers.

95.4 Board of cemetery trustees; chairman, clerk; powers.
Sec. 4.
The board of cemetery trustees shall appoint 1 of their number chairman, and the city clerk shall be the clerk of the board. And the council may by ordinance invest the board with such powers and authority as may be necessary for the care, management and preservation of such cemetery and grounds, the tombs, and monuments therein, and the appurtenances thereof; and in addition to the duties herein mentioned, the board shall perform such other duties as the council may prescribe.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3135 ;-- CL 1915, 3049 ;-- CL 1929, 1973 ;-- CL 1948, 95.4
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.5 - Board of Cemetery Trustees; Property Management Powers, Duties.

95.5 Board of cemetery trustees; property management powers, duties.
Sec. 5.
Said board, subject to the directions and ordinances of the council, shall have the care and management of any such cemetery or burial place or places, and shall direct the improvements and embellishments of the grounds; cause such grounds to be laid out into lots, avenues and walks; the lots to be numbered and the avenues and walks to be named and plats thereof, to be made and recorded in the office of the city clerk. Such board shall also have power in its discretion to take, receive and hold any property, real or personal, by devise or otherwise, which may be granted, transferred or devised to such board in trust for the purpose of caring for and keeping in good order and repair any given lot or lots, or portions thereof, specified in any such trust. The board shall fix the price of lots and make the sales thereof. The conveyances of such lots shall be executed on behalf of the city by the city clerk, and be recorded in his office at the expense of the purchasers.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3136 ;-- CL 1915, 3050 ;-- CL 1929, 1974 ;-- CL 1948, 95.5
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.6 - Board of Cemetery Trustees; Necessary Employees; Ordinances, Enforcement.

95.6 Board of cemetery trustees; necessary employees; ordinances, enforcement.
Sec. 6.
Said board shall appoint the necessary superintendents and employes for the cemetery; expend the money provided for the care and improvement of the grounds; enforce the ordinances of the city made for the management and care thereof and make such regulations for the burial of the dead, the care and protection of the grounds, monuments and appurtenances of the cemetery, and the orderly conduct of persons visiting the grounds, as may be consistent with the ordinances of the city and the laws of the state.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3137 ;-- CL 1915, 3051 ;-- CL 1929, 1975 ;-- CL 1948, 95.6
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.7 - Board of Cemetery Trustees; Cemetery Fund, Accounting; Report to Council, Contents.

95.7 Board of cemetery trustees; cemetery fund, accounting; report to council, contents.
Sec. 7.
All moneys raised for any public cemetery authorized by this act and all moneys received from the sale of lots therein, or otherwise therefrom, shall be paid into the city treasury, and constitute a fund to be denominated the "cemetery fund." Said fund shall not be devoted or applied to any other purpose, except the purposes of such cemetery. The board of trustees shall report to the council annually on the first Monday in March, and oftener when the council shall so require, the amount of all moneys received into and owing to the cemetery fund, and from what source, and from whom, and the date, amount, items and purpose of all expenditures and liabilities incurred, and to whom paid, and to whom incurred, and such other matters as the council shall require to be reported, which report shall be verified by the oath of the clerk of the board.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3138 ;-- CL 1915, 3052 ;-- CL 1929, 1976 ;-- CL 1948, 95.7
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.8 - Cemetery; City Owned; Ordinances; Passage; Enforcement.

95.8 Cemetery; city owned; ordinances; passage; enforcement.
Sec. 8.
If a city owns a public cemetery, whether within or without the city, the council of a city may pass and enforce ordinances necessary to carry into effect the provisions of this chapter, to control or regulate the cemetery and the improvement of the cemetery, to protect the cemetery and the appurtenances of the cemetery from injury, and to impose sanctions for a violation of a lawful order or regulation made by the board of cemetery trustees.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3139 ;-- CL 1915, 3053 ;-- CL 1929, 1977 ;-- CL 1948, 95.8 ;-- Am. 1994, Act 19, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XV - Chapter XV Cemeteries. (95.1...95.9) › Section 95.9 - Privately Owned Cemeteries; Ordinances Governing.

95.9 Privately owned cemeteries; ordinances governing.
Sec. 9.
The council shall have power also to pass all ordinances deemed necessary for the preservation and protection of any cemetery or burial place within the city, belonging to or under the control of any church, religious society, corporation, company or association, and for the protection and preservation of the tombs, monuments and improvements thereof, and the appurtenances thereto.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3140 ;-- CL 1915, 3054 ;-- CL 1929, 1978 ;-- CL 1948, 95.9
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XVI - Chapter XVI Pounds. (96.1...96.2) › Section 96.1 - City Owned Pounds; Impounding Regulations; Poundmaster.

96.1 City owned pounds; impounding regulations; poundmaster.
Sec. 1.
The council may provide and maintain 1 or more pounds within the city and may appoint poundmasters, prescribe their powers and duties, and fix their compensation; and may authorize the impounding of all beasts and fowls found in the streets or otherwise at large contrary to any ordinance of the city; and if there shall be no pound or poundmaster they may provide for the impounding of such beasts and fowls, by the city marshal, in some suitable place under his immediate care and inspection, and may confer on him the powers and duties of poundmaster.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3141 ;-- CL 1915, 3055 ;-- CL 1929, 1979 ;-- CL 1948, 96.1
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XVI - Chapter XVI Pounds. (96.1...96.2) › Section 96.2 - Fees for Impounding; Sale of Animals; Penalties.

96.2 Fees for impounding; sale of animals; penalties.
Sec. 2.
The council may also prescribe the fees for impounding and the amount or rate of expenses for keeping, and the charges to be paid by the owner or keeper of the beasts or fowls impounded; and may authorize the sale of such beasts and fowls for the payment of such fees, expenses and charges, and for penalties incurred, and may impose penalties for rescuing any beast or thing impounded.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3142 ;-- CL 1915, 3056 ;-- CL 1929, 1980 ;-- CL 1948, 96.2
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XVII - Chapter XVII Harbors, Wharves and Harbormasters. (97.1...97.6) › Section 97.1 - Authority of Council; Public Wharves.

97.1 Authority of council; public wharves.
Sec. 1.
The council of any city located upon or adjacent to any of the navigable waters of the state shall have the power to establish, construct, maintain and control public wharves, docks, piers, landing places and levees, basins and canals, upon any lands or property belonging to or under the control of the city; and for that purpose the city shall have the use or control of the shore or bank of any lake, river or other waters within the city, not the property of individuals, to the extent to which the state can grant the same, and the council may lease wharfing and landing privileges upon any of the public wharves, docks, or landings, but not for a longer time than 5 years, and in such manner as to preserve the right of all persons to a free passage over the same with their baggage.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3143 ;-- CL 1915, 3057 ;-- CL 1929, 1981 ;-- CL 1948, 97.1
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XVII - Chapter XVII Harbors, Wharves and Harbormasters. (97.1...97.6) › Section 97.2 - Authority of Council; Construction of Wharves.

97.2 Authority of council; construction of wharves.
Sec. 2.
The council shall have authority also to require and cause all docks, wharves and landings, whether upon public grounds or upon the property of private individuals, to be constructed of such material and in such manner and maintained in conformity with such grade as may be established therefor by the council, and prescribe the line beyond which any such wharf, dock or landing shall not be constructed or maintained.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3144 ;-- CL 1915, 3058 ;-- CL 1929, 1982 ;-- CL 1948, 97.2
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-XVII - Chapter XVII Harbors, Wharves and Harbormasters. (97.1...97.6) › Section 97.3 - Authority of Council; Regulation of Use of Wharves, Rates.

97.3 Authority of council; regulation of use of wharves, rates.
Sec. 3.
The council shall have authority to prohibit the encumbering of the public wharves and landings, and to regulate the use of all wharves, docks, and landing places within the city; regulate the use and location of wharf boats; and to regulate and prescribe the rates and charges for landing, wharfage, and dockage at all public and private wharves, docks and landings, and to collect wharfage and dockage from boats, water craft, and floats landing at or using any public landing place, wharf, or dock within the city.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3145 ;-- CL 1915, 3059 ;-- CL 1929, 1983 ;-- CL 1948, 97.3