reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.1b - Minimum Staffing Requirement; Adoption of Ordinance Prohibited.

42.1b Minimum staffing requirement; adoption of ordinance prohibited.
Sec. 1b.
Beginning on the effective date of the amendatory act that added this section, a charter township shall not adopt an ordinance that includes any minimum staffing requirement for charter township employees. Except as otherwise provided in this section, any provision in an ordinance adopted on or after the effective date of the amendatory act that added this section that contains a minimum staffing requirement for charter township employees is void and unenforceable.
History:
Add. 2011, Act 137, Imd. Eff. Sept. 13, 2011
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.2a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

42.2a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 2a.
A petition under section 3, 3a, 4, 6a, or 34(5), including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 144, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.3 - Incorporation; Submission of Proposition to Electors, Time; Petitions, Verification of Signatures.

42.3 Incorporation; submission of proposition to electors, time; petitions, verification of signatures.
Sec. 3.
The proposition to incorporate as a charter township shall be submitted at the next general or at a special election in the event that, on or before August 30, or, in the event of a special election, not less than 60 days, preceding such election, the township board shall vote to submit such proposition to the electors of the township, or in the event that there shall be filed with the township clerk on or before such date petitions requesting the submission of such proposition which have been signed by a number of electors of the township which shall not be less than 10% of the total vote cast for supervisor in the township at the last election in which a supervisor was elected. The township clerk shall check the signatures on such petitions with those of the electors signing such petitions as they appear on the registration cards of the township and, if such petitions bear the required number of signatures of electors of the township, shall do and perform all acts required for the submission of the proposition to become a charter township at the next general or special election.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.3 ;-- Am. 1964, Act 163, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.3a - Notice to Clerk of Township Not Incorporated as Charter Township; Resolution of Township Board; Notice of Right to Referendum; Petition; Signatures; Submitting Question of Incorporation at General or Special Election; Wording of Ballot.

42.3a Notice to clerk of township not incorporated as charter township; resolution of township board; notice of right to referendum; petition; signatures; submitting question of incorporation at general or special election; wording of ballot.
Sec. 3a.
(1) Within 30 days after the effective date of this 1984 amendatory act and after each regular or special federal or state census, the secretary of state shall notify the clerk of a township which is not incorporated as a charter township pursuant to this act and which has a population of 2,000 or more inhabitants, excluding the population of any incorporated village, according to the most recently made regular or special federal or state census that the township may be incorporated as the charter township of ............ under this act.
(2) After notification is received by the clerk, the township board may:
(a) Adopt, by a majority vote, a resolution opposed to incorporation.
(b) Adopt, by a majority vote, a resolution of intent to approve incorporation and if a petition of disagreement to the intent resolution relative to the incorporation is filed within 60 days before final passage of the resolution, the electors of the township have the right to a referendum on the incorporation question.
(c) Adopt, by a majority vote, a resolution to place before the electorate the question of incorporation at the next regular or special election.
(3) The clerk shall publish in a newspaper of general circulation in the township a notice of the right to referendum within 15 days after receipt of notification from the secretary of state. A second notice shall be published 7 days after the first notice.
(4) The petition under subsection (2)(b) shall be signed by not less than 10% of the number of electors of the township voting for township supervisor at the last election in which a supervisor was elected. The township clerk shall check the signatures on the petitions with those of the electors signing the petitions as they appear on the registration cards of the township. If petitions bearing the required number of signatures of electors have been filed, the clerk shall do and perform all acts required for the submission of the question of incorporation at the next general or special election. The wording of the ballot shall be in accordance with section 2.
History:
Add. 1976, Act 90, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 361, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.4 - Nomination of Candidates for Township Office; Conducting Primary Election; Duties of Township Clerk; Duties and Composition of Board of Township Election Commissioners.

42.4 Nomination of candidates for township office; conducting primary election; duties of township clerk; duties and composition of board of township election commissioners.
Sec. 4.
Candidates for township office in charter townships shall be nominated at the general primary election held in the township before each general election at which township officers are to be elected. The primary election shall be conducted, as near as may be, pursuant to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. Duties of the county clerk in the conduct of primary elections shall be performed by the township clerk with respect to the nomination of township officers, and the duties of the county board of election commissioners shall be performed for each township by a board of township election commissioners to be composed of the township clerk and the 2 trustees appointed by the township board.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.4 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 1954, Act 169, Eff. Aug. 13, 1954 ;-- Am. 1964, Act 163, Eff. Aug. 28, 1964 ;-- Am. 1975, Act 328, Imd. Eff. Jan. 12, 1976 ;-- Am. 1990, Act 12, Imd. Eff. Feb. 26, 1990 ;-- Am. 1998, Act 101, Imd. Eff. May 28, 1998
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.5 - Township Board; Election of Members; Powers and Duties; Supervisor as Presiding and Executive Officer; Authentication of Instruments; President Pro Tem; Clerk; Record of Proceedings; Temporary Clerk.

42.5 Township board; election of members; powers and duties; supervisor as presiding and executive officer; authentication of instruments; president pro tem; clerk; record of proceedings; temporary clerk.
Sec. 5.
(1) Except as otherwise provided in this act, all legislative authority and powers of each charter township shall be vested in and shall be exercised and determined by a township board of 7 members composed of the supervisor, the township clerk, the township treasurer, and 4 trustees who shall be electors in the township. If the provisions of this act are adopted, the township board as constituted at the time of the adoption of this act shall constitute the township board until the first general election at which township officers are elected after the adoption of this act. All members of the township board shall be elected under the provisions of the Michigan election law, Act No. 116 of the Public Acts of 1954, being sections 168.1 to 168.992 of the Michigan Compiled Laws. If 2 additional trustees are required to be elected, they shall be elected at the next general election. If the next general election is not a regular township election, each additional trustee shall hold office until a successor is elected at the next regular township election and qualifies for office.
(2) The elected township board described in subsection (1) shall be the successor to the prior township board of the township and shall possess the powers and perform the duties of township boards in townships in addition to the powers granted by law to charter townships. As a member of the township board, the supervisor shall be the presiding and executive officer of the board and shall have an equal voice and vote in the proceedings of the board. The supervisor shall authenticate by his or her signature any instruments which the board and the laws of the state or the federal government may require. If the supervisor is absent from a meeting of the township board, the board shall appoint 1 of its members president pro tem for that meeting. The township clerk shall be clerk of the township board and shall keep a full record of all the proceedings of the township board. In the absence of the clerk, the board shall appoint 1 of its members as temporary clerk for that meeting.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.5 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 1953, Act 188, Eff. Oct. 2, 1953 ;-- Am. 1954, Act 169, Eff. Aug. 13, 1954 ;-- Am. 1964, Act 163, Eff. Aug. 28, 1964 ;-- Am. 1986, Act 34, Imd. Eff. Mar. 17, 1986
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.6 - Charter Township Board; Compensation and Expenses of Members.

42.6 Charter township board; compensation and expenses of members.
Sec. 6.
A trustee may receive, in addition to other emoluments provided by law for his service to the township, a sum per meeting of the board actually attended by him, as established by the township board to be paid upon authorization of the township board. The supervisor, the township clerk, and the township treasurer shall receive no additional compensation for attending meetings of the board. Reasonable expenses may be allowed to members of the township board when actually incurred on behalf of the township.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.6 ;-- Am. 1953, Act 188, Eff. Oct. 2, 1953 ;-- Am. 1962, Act 20, Eff. Mar. 28, 1963 ;-- Am. 1974, Act 98, Imd. Eff. May 10, 1974
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.8 - Charter Township Board; Monthly Publication of Proceedings; Notices and Ordinances; Posting.

42.8 Charter township board; monthly publication of proceedings; notices and ordinances; posting.
Sec. 8.
(1) The proceedings of the township board shall be published at least once each month. A publication of a synopsis of the proceedings, prepared by the township clerk and approved by the supervisor, showing the substance of each separate proceeding of the board is in compliance with this section.
(2) The board shall determine the method of publication of all notices, ordinances, and proceedings for which the method of publication is not prescribed by law.
(3) In making a determination under subsection (2), the board shall require 1 or both of the following:
(a) That publication be made in a newspaper published and circulated in the township or, if no such newspaper exists, then in one published in the county in which the township is located.
(b) That publication be made by posting in the office of the clerk and in 5 other public places in the township or by posting in the office of the clerk and on the township's website.
(4) If publication is made by posting under subsection (3)(b), a notice of the posting describing the purpose or nature of the notice, ordinance, or proceeding posted and the location of the places where posted shall be published at least once in a newspaper as required under subsection (3)(a) within 7 days of the posting.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.8 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 2004, Act 406, Imd. Eff. Nov. 29, 2004
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.9 - Township Officers; Powers and Duties; Additional Officers, Limitations.

42.9 Township officers; powers and duties; additional officers, limitations.
Sec. 9.
The township supervisor, township clerk, township treasurer, justices of the peace, and constables in each charter township shall have and perform the duties and functions required of such officers by state law. The township board may, by resolution, upon the recommendation of the supervisor, or of the township superintendent if one shall be appointed, create such additional officers as may be necessary to administer the affairs of the township government, or may combine any administrative offices in any manner not inconsistent with state law, and prescribe the duties thereof. No creation of any additional administrative office or combination thereof shall abolish the offices of township clerk or township treasurer nor diminish any of the duties or responsibilities of those offices which are prescribed by state law.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.9
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.10 - Township Superintendent; Appointment; Delegation of Powers and Duties of Township Supervisor.

42.10 Township superintendent; appointment; delegation of powers and duties of township supervisor.
Sec. 10.
The township board in each charter township shall have power to appoint a township superintendent and may delegate to him any or all of the following functions and duties which functions and duties, unless so delegated, shall be exercised by the supervisor:
(a) To see that all laws and township ordinances are enforced;
(b) To manage and supervise all public improvements, works, and undertakings of the township;
(c) To have charge of the construction, repair, maintenance, lighting and cleaning of streets, sidewalks, bridges, pavements, sewers, and of all the public buildings or other property belonging to the township;
(d) To manage and supervise the operation of all township utilities;
(e) To be responsible for the preservation of property, tools, and appliances of the township;
(f) To see that all terms and conditions imposed in favor of the township or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed;
(g) To attend all meetings of the township board, with the right to take part in discussions, but without the right to vote;
(h) To be a member, ex officio, of all committees of the township board;
(i) To prepare and administer the annual budget under policies formulated by the township board and keep the said board fully advised at all times as to the financial condition and needs of the township;
(j) To recommend to the township board for adoption such measures as he may deem necessary or expedient;
(k) To be responsible to the township board for the efficient administration of all departments of the township government;
(l) To act as the purchasing agent for the township or, under his responsibility, delegate such duties to some other officer or employee;
(m) To conduct all sales of personal property which the township board may authorize to be sold;
(n) To assume all the duties and responsibilities as personnel director of all township employees or delegate such duties to some other officer or employee;
(o) To perform such other duties as may be prescribed by this act or required of him by ordinance or by direction of the township board, or which are not assigned to some other official in conformity with the provisions of this act.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.10 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.10a - Township Manager; Employment; Service; Duties.

42.10a Township manager; employment; service; duties.
Sec. 10a.
If a township has not appointed a township superintendent under section 10, the township board may employ a township manager who shall serve at the pleasure of the township board and perform such duties lawfully delegated to the manager by the township board. The duties may include those that are delegated by law to another township official if written consent has been granted by that official.
History:
Add. 2003, Act 205, Imd. Eff. Nov. 26, 2003
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.11 - Township Superintendent; Tenure; Qualifications; Residency Requirements; Waiver.

42.11 Township superintendent; tenure; qualifications; residency requirements; waiver.
Sec. 11.
(1) The township superintendent shall hold office at the pleasure of the township board and shall be selected by the township board on the basis of training and ability alone, without regard to his or her political or religious preference.
(2) An individual who is not a resident of the township at the time of his or her appointment as township superintendent shall become a resident of the township within 90 days after his or her appointment and shall so remain throughout his or her tenure of office. An individual who is a resident of the township at the time of his or her appointment as township superintendent shall remain a resident of the township throughout his or her tenure of office. The requirements of this subsection may be waived by a resolution adopted by a vote of 2/3 of the members of the township board elected or appointed.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.11 ;-- Am. 1990, Act 342, Imd. Eff. Dec. 21, 1990
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.11a - Township Assessors; Appointment, Powers and Duties, Compensation.

42.11a Township assessors; appointment, powers and duties, compensation.
Sec. 11a.
In any charter township, in addition to the supervisor, the charter township board may provide for the appointment of assessors, not exceeding 2, for such charter township. Such assessors, when appointed, shall be clothed with all the powers and duties of supervisors in the assessment of property for taxation within such township and shall receive for their services such compensation as may be allowed by the charter township board. Whenever assessors shall be appointed, as in this act provided, the supervisor shall be the chief assessing officer and such assessors shall in all cases be subordinate to such supervisor. Upon completion of the assessment and the making of the rolls, such rolls shall be deposited with the supervisor.
History:
Add. 1962, Act 145, Eff. Mar. 28, 1963
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.12 - Township Police Force; Establishment; Township Marshal, Appointment; Rules; Policemen, Powers and Duties.

42.12 Township police force; establishment; township marshal, appointment; rules; policemen, powers and duties.
Sec. 12.
The township board in each charter township may provide for and establish a police force and authorize the supervisor, or the township superintendent if one has been appointed, to appoint, subject to the approval of the said board, a township marshal and such other policemen and watchmen as may be required to protect property and preserve the public welfare and safety in that portion of the township not included within the corporate limits of any village or villages located wholly or in part within the township. No police officer of any such village shall be ineligible for appointment as a member of the township police force, except that no village police officer shall serve as township marshal. The township board shall make all necessary rules for the government of the township police force and its members and shall prescribe the powers and duties of policemen and watchmen, and may invest them with such authority as may be necessary for the preservation of quiet and order and the protection of persons and property within that part of the township not located within the corporate limits of any village.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.12
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.13 - Township Fire Department; Establishment; Township Fire Chief, Appointment; Rules and Regulations; Refusal to Aid at Fire, Penalty.

42.13 Township fire department; establishment; township fire chief, appointment; rules and regulations; refusal to aid at fire, penalty.
Sec. 13.
The township board in each charter township shall have power to provide for and establish and maintain a fire department and authorize the supervisor, or the township superintendent if one has been appointed, to appoint, subject to the approval of the said board, a township fire chief and such other firemen as may be required to protect persons and property from the hazards of fire in that part of the township located outside the corporate limits of villages. The township board shall make and establish rules and regulations for the government of the department, the employes, firemen, and officers thereof; and for the care and management of the buildings, engines, apparatus, and equipment pertaining thereto. The township fire chief, or any officer acting as such, may command and require any person present at a fire to aid in the extinguishment thereof, and to assist in the protection of property thereat. If any person shall wilfully disobey any such requirement or other lawful order of any such officer, he shall be deemed guilty of a misdemeanor.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.13
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.13a - Free Public Library; Establishment or Reestablishment and Maintenance; Conditions; Ordinance; Resolution; Board of Directors; Appointment of Library Advisory Committee; Rules and Regulations; State Aid.

42.13a Free public library; establishment or reestablishment and maintenance; conditions; ordinance; resolution; board of directors; appointment of library advisory committee; rules and regulations; state aid.
Sec. 13a.
(1) The township board of a charter township may do either of the following:
(a) Establish and maintain a free public library if the charter township is in a county with a population of more than 750,000 but less than 2,000,000 and has not been located within the service area of an established free public library for the previous 3 years.
(b) Reestablish and maintain under this act a free public library established as a township library under a repealed act that served the charter township.
(2) The board shall establish or reestablish a free public library under subsection (1) by adopting an ordinance or passing a resolution as provided by law. The board shall file a copy of the ordinance or resolution with the department of education within 10 days after adoption or passage.
(3) The township board shall serve as board of directors for the library with final authority over all library matters. The township board shall appoint a library advisory committee consisting of 7 members holding staggered 3-year terms to advise the township board with regard to development, operation, and maintenance of the library. The township board may fill vacancies on the library advisory committee and may remove a member with or without cause.
(4) The township board shall establish the rules and regulations for the operation of the library, appoint a library director and authorize the hiring of qualified assistants, establish a separate and dedicated library fund, and pass any necessary ordinances governing the operations of the library.
(5) A free public library established or reestablished and operated under this section is a public library for the purposes of the state aid to public libraries act, 1977 PA 89, MCL 397.551 to 397.576.
History:
Add. 2006, Act 596, Imd. Eff. Jan. 3, 2007 ;-- Am. 2012, Act 191, Imd. Eff. June 20, 2012 ;-- Am. 2019, Act 24, Imd. Eff. June 18, 2019
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.14 - Charter Township; Power to Acquire Property; Approval of Electors.

42.14 Charter township; power to acquire property; approval of electors.
Sec. 14.
Each charter township shall have power to acquire property for public purposes by purchase, gift, condemnation, lease, construction, or otherwise, and to maintain and operate public buildings, parks, and facilities needed in the performance of the powers and functions, expressed and implied, granted, possessed, and required of them by this act, or any other statute of the state of Michigan relating to townships and may sell and convey or lease any such property or part thereof which is not needed for public purposes: Provided, That no taxes shall be levied to acquire any such property, public building, park, or facility, unless such levy shall be approved by a majority of the electors of the township voting thereon at any regular or special township election.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.14 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.15 - Ordinances to Provide for Peace, Health, and Safety; Licenses, Granting, Fees, Bonds.

42.15 Ordinances to provide for peace, health, and safety; licenses, granting, fees, bonds.
Sec. 15.
(1) The township board of any charter township may enact ordinances considered necessary to provide for the public peace and health and for the safety of persons and property in the charter township, and may, except as otherwise provided in subsection (2), by ordinance prescribe the terms and conditions upon which licenses may be granted, suspended, or revoked. The charter township board may in those ordinances require and exact payment of reasonable amounts for any licenses considered proper. A person receiving a license shall, before the license is issued, execute a bond to the charter township if required by any ordinance in an amount and with those securities as prescribed by the ordinance, conditioned for the faithful observance of this act and the ordinance under which the license is granted.
(2) This section is subject to the local government occupational licensing act.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.15 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 2018, Act 497, Imd. Eff. Dec. 27, 2018
Compiler's Notes:
Enacting section 1 of Act 497 of 2018 provides:"Enacting section 1. This amendatory act is retroactive and takes effect January 1, 2018."
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.16 - Streets, Alleys, Bridges and Public Places; Regulation of Use; Record of Ordinances, Filing.

42.16 Streets, alleys, bridges and public places; regulation of use; record of ordinances, filing.
Sec. 16.
Except insofar as limited by state law and the provisions of this act, the township board shall have power to establish and vacate and use, and to control and regulate the use of the streets, alleys, bridges, and public places of the township and the space above and beneath them, such regulation of its streets, alleys, bridges, and public places shall be deemed a matter of local concern. Nothing in this act shall be construed to repeal or nullify the provisions of Act No. 221 of the Public Acts of 1937. Any ordinance concerning the operation of motor vehicles on any road, street or highway shall not become effective until 30 days after approval by the commissioner of the Michigan state police. A record of all ordinances so approved by the commissioner shall be kept on file in his office. Such power shall include, but not be limited to, the proper policing and supervision thereof; to the licensing and regulation, or the prohibition of the placing of signs, awnings, awning posts, and other things which are of such nature as to impede or make dangerous the use of sidewalks or streets, upon or over the sidewalks or streets of the township; and the licensing and regulation of the construction and use of openings in the sidewalks or streets, and of all vaults, structures, and excavations under the same.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.16 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949
Compiler's Notes:
For provisions of Act 221 of 1937, referred to in this section, see MCL 750.497 and 750.498.
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.17 - Construction of Buildings; Powers and Liabilities of Charter Townships as to Public Health and Safety.

42.17 Construction of buildings; powers and liabilities of charter townships as to public health and safety.
Sec. 17.
Charter townships shall have and possess and may exercise the same powers and shall be subject to the same liabilities as are possessed by cities to regulate the construction of buildings for the preservation of public health and safety, to regulate the conduct of business, and to provide for the public peace and health and for the safety of persons and property.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.17
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.18 - Joint Action With Other Governmental Unit or Agency.

42.18 Joint action with other governmental unit or agency.
Sec. 18.
Each charter township may join with any governmental unit or agency, or with any number or combination thereof, by contract or otherwise as may be permitted by law, to perform jointly, or by one or more, for or on behalf of the other or others, any power or duty which is permitted to be so performed by law or which is possessed or imposed upon each such governmental unit or agency.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.18
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.19 - Ordinances, Resolutions, Rules and Regulations of Former Township; Continuation.

42.19 Ordinances, resolutions, rules and regulations of former township; continuation.
Sec. 19.
All ordinances, resolutions, rules, and regulations of a charter township which were in effect at the time such township became a charter township and which are not inconsistent with the laws of the state applicable to charter townships shall continue in full force as the ordinances, resolutions, rules, and regulations of the charter township until repealed or amended by action of the proper authorities.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.19 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.20 - Legislation to Be Ordinance or Resolution; Form, Passage, Amendment, Recording, Authentication, and Compilation of Ordinances.

42.20 Legislation to be ordinance or resolution; form, passage, amendment, recording, authentication, and compilation of ordinances.
Sec. 20.
(1) Legislation of a charter township shall be by ordinance or by resolution. A resolution shall be limited to matters required or permitted to be done by resolution by this act or by state or federal law and to matters pertaining to the internal affairs or concerns of the township government. Any other act of the township board, and any act imposing a sanction for the violation of the act, shall be by ordinance. “Resolution” means the official action of the township board in the form of a motion.
(2) Each ordinance shall be identified by a number and a short title. Each proposed ordinance shall be introduced in written or printed form. The style of an ordinance shall be, “The charter township of .................... ordains:”. Except in the case of an ordinance that is declared to be an emergency ordinance, an ordinance shall not be finally passed by the township board at the same meeting at which it is introduced, or before it is published in the form in which it is introduced. An ordinance shall not be revised, altered, or amended by reference to its title only, but the section or sections of the ordinance revised, altered, or amended shall be re-enacted and published at length. When enacted, an ordinance shall be immediately recorded by the township clerk in a book to be called “The ordinance book”. The supervisor and township clerk shall authenticate the record by their official signatures on the record. The ordinances of each charter township shall be compiled and published in loose leaf or booklet form not less than once in every 10-year period.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.20 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 1994, Act 13, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.21a - Police Officers; Right to Pursue, Arrest, and Detain Person Outside of Charter Township Limits.

42.21a Police officers; right to pursue, arrest, and detain person outside of charter township limits.
Sec. 21a.
If a person has committed a civil infraction violation under the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, within a charter township, or has committed or is suspected of having committed any crime within a charter township, or has escaped from any prison or jail in the charter township, the police officers of that charter township shall have the same right to pursue, arrest, and detain the person outside of the charter township limits as does the sheriff of the county.
History:
Add. 1983, Act 9, Imd. Eff. Mar. 18, 1983
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.21b - Police Officer or Constable; Authority to Execute Bench Warrant.

42.21b Police officer or constable; authority to execute bench warrant.
Sec. 21b.
A police officer of a charter township or, if authorized by the township board, a constable of a charter township has the same authority within the charter township 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 45, Imd. Eff. May 12, 1992
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.21c - Regulation of Recreational Trailway; Posting of Ordinance; Violation as Municipal Civil Infraction; Penalty.

42.21c Regulation of recreational trailway; posting of ordinance; violation as municipal civil infraction; penalty.
Sec. 21c.
(1) An ordinance regulating a recreational trailway is not effective unless it is posted and maintained near each gate or principal entrance to the trailway.
(2) The operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by an ordinance is a municipal civil infraction, whether or not so designated by the ordinance. A civil fine ordered for a municipal civil infraction described in this subsection shall not exceed the maximum amount of a fine provided by the ordinance or $500.00, whichever is less. An act or omission described in this subsection is not a municipal civil infraction if that act or omission constitutes a violation or crime that section 21 prohibits an ordinance from designating as a municipal civil infraction.
History:
Add. 1994, Act 82, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.22 - Ordinance; Publication; Effective Date; Publication of Summary or True Copy; Catch Lines Required; Drafting of Summary.

42.22 Ordinance; publication; effective date; publication of summary or true copy; catch lines required; drafting of summary.
Sec. 22.
An ordinance passed by a township board shall be published at least once. An ordinance is effective immediately upon its publication, unless a date upon which the ordinance shall become effective, which is subsequent to the date of the publication of the ordinance, is specifically provided in the ordinance. The publication of a summary or a true copy of an ordinance after final passage, as a part of the published proceedings of the township board, shall constitute publication of the ordinance. If a summary of an ordinance is published, the township shall include in the publication the designation of a location in the township where a true copy of the ordinance can be inspected or obtained. Each section of an ordinance or a summary of an ordinance shall be preceded by a catch line. A summary of an ordinance may be drafted by the same person, corporation, partnership, firm, association, or other legal entity who drafted the ordinance or by the township board or township zoning board and shall be written in clear and nontechnical language.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.22 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 1982, Act 345, Eff. Mar. 30, 1983
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.23 - State Law or Standard Code; Adoption as Township Ordinance by Citation; Publication, Distribution, Charge.

42.23 State law or standard code; adoption as township ordinance by citation; publication, distribution, charge.
Sec. 23.
The township board may adopt any provision of state law or any detailed technical regulations as a township ordinance or code by citation of such provision of state law or by reference to any recognized standard code, official or unofficial: Provided, That any such provision of state law or recognized official or unofficial standard code shall be clearly identified in the ordinance adopting the same as an ordinance of the township. Where any recognized official or unofficial standard code is so adopted, it may be published by providing to the public not less than 50 copies in book or booklet form, available for public distribution at a reasonable charge, and any amendment to or revision of such adopted code or detailed technical ordinance may be published in the same manner.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.23 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.24 - Submission of Itemized Estimates of Anticipated Expenditures; Preparation and Submission of Budget Proposal; Time.

42.24 Submission of itemized estimates of anticipated expenditures; preparation and submission of budget proposal; time.
Sec. 24.
On or before 150 days prior to the commencement of the fiscal year, each township officer shall submit to the supervisor, or to the township superintendent if such officer has been appointed, an itemized estimate of the anticipated expenditures of the township for the next fiscal year for the township activities under his or her charge. The supervisor, or township superintendent, as the case may be, shall prepare a complete itemized budget proposal for the next fiscal year and shall submit it to the township board not later than 120 days prior to the commencement of the fiscal year.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.24 ;-- Am. 1988, Act 82, Eff. Apr. 1, 1988
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.25 - Budget Proposal; Contents; Commencement of Fiscal Year.

42.25 Budget proposal; contents; commencement of fiscal year.
Sec. 25.
The budget proposal shall present a complete financial plan for the ensuing fiscal year, which shall commence on January 1 of each year and end on the following December 31, or in the alternative shall commence on April 1 of each year and end on the following March 31. In no event shall any fiscal year of a township be extended beyond 12 months. It shall include at least all of the following information:
(a) Detailed estimates of all proposed expenditures for each function and office of the township, showing the expenditures for corresponding items for the current and last preceding fiscal years, with reasons for increases and decreases recommended, as compared with appropriations for the current year.
(b) Statements of the bonded and other indebtedness of the township, showing the debt redemption and interest requirements, the debt authorized and unissued, and the condition of sinking funds, if any.
(c) Detailed estimates of all anticipated income of the township from sources other than taxes and borrowing, with a comparative statement of the amounts received by the township from each of the same or similar sources for the last preceding and current fiscal years.
(d) A statement of the estimated balance or deficit, as the case may be, from the end of the current fiscal year.
(e) An estimate of the amount of money to be raised by taxation and from delinquent taxes and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet the proposed expenditures.
(f) Such other supporting schedules as the township board considers necessary.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.25 ;-- Am. 1988, Act 82, Eff. Apr. 1, 1988
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.26 - Budget; Notice, Public Hearing, Prior Public Inspection.

42.26 Budget; notice, public hearing, prior public inspection.
Sec. 26.
A public hearing on the budget shall be held before its final adoption, at such time and place as the township board shall direct, and notice of such public hearing shall be published at least 1 week in advance by the township clerk. A copy of the proposed budget shall be on file and available to the public for inspection during office hours at the office of the township clerk for a period of not less than 1 week prior to such public hearing.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.26
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.27 - Adoption of Budget by Township Board; Resolution; Appropriation; Tax Levy; Limitation; Separate Appropriation for Fire and Police Departments; Tax Collection; Interim Budget.

42.27 Adoption of budget by township board; resolution; appropriation; tax levy; limitation; separate appropriation for fire and police departments; tax collection; interim budget.
Sec. 27.
(1) Except as otherwise provided by this subsection, prior to the commencement of the fiscal year, the township board shall, by resolution, adopt the budget for the next fiscal year, make an appropriation of the money needed for township purposes, and provide for a levy of taxes upon real and personal property. If a township operates on a calendar year budget cycle, a public hearing on the proposed budget shall be held not later than December 15 and adopted not later than December 31, in the year preceding the calendar year covered by the budget.
(2) The levy allowed under subsection (1) shall not exceed 1/10 of 1% of the assessed valuation of all real and personal property subject to taxation within the limits of a village located within the township and 1/2 of 1% of the assessed valuation of all real and personal property subject to taxation in the balance of the township. The electors of a charter township may increase the tax levy limitation not to exceed a total of 1% of the assessed valuation of all real and personal property in the township for a period not to exceed 20 years at 1 time.
(3) If a township has 1 or more villages that maintain either or both a fire department or a police department, the expense of a township fire department or police department shall be appropriated separately from the other expenses of the township and a tax levy for these expenses shall not be spread upon the township assessment roll against the property, either real or personal, located in these villages.
(4) The adoption of the resolution under this section is the final authority for the township supervisor to spread any approved levies upon the tax roll for the current year and to include the amount of each levy in his or her warrant to the township treasurer. The township treasurer shall collect and return the warrant as provided under the general property tax act, 1893 PA 206, MCL 211.1 to 211.157.
(5) Within 60 days after the incorporation of a township as a charter township under this act, the township board shall, by resolution, adopt an interim budget until the commencement of the next fiscal year and make an appropriation from the funds and assets of the township available for these purposes.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.27 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 1953, Act 188, Eff. Oct. 2, 1953 ;-- Am. 1976, Act 90, Eff. Mar. 31, 1977 ;-- Am. 1988, Act 82, Eff. Apr. 1, 1988 ;-- Am. 2003, Act 191, Imd. Eff. Oct. 31, 2003
2023 Michigan Compiled Laws › Chapter 42 - Charter Townships › Act 359 of 1947 - The Charter Township Act (42.1 - 42.34) › Section 42.28 - Budget or Supplemental Appropriations; Expenditure, Restrictions; Unencumbered Balances, Transfer, Reappropriation.

42.28 Budget or supplemental appropriations; expenditure, restrictions; unencumbered balances, transfer, reappropriation.
Sec. 28.
No money shall be drawn from the treasury of the township nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appropriation, or pursuant to any supplemental appropriation which may be made from surplus received. The township board may transfer any unencumbered appropriation balance, or any portion thereof, from 1 fund or agency to another. The balance in any appropriation, which has not been encumbered, at the end of the fiscal year shall revert to the general fund and be reappropriated during the next fiscal year.
History:
1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.28 ;-- Am. 1967, Act 34, Imd. Eff. June 6, 1967