Michigan Compiled Laws
Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38)
Section 117.4i - Permissible Charter Provisions.

Sec. 4i.
Each city may provide in its charter for 1 or more of the following:
(a) Laying and collecting rents, tolls, and excises.
(b) Regulating and restricting the locations of oil and gasoline stations.
(c) The establishment of districts or zones within which the use of land and structures, the height, area, size, and location of buildings, the required open spaces for light and ventilation of buildings, and the density of population may be regulated by ordinance. The zoning ordinance provisions applicable to 1 or more districts may differ from those applicable to other districts. If a city is incorporated, or if territory is annexed to a city incorporated under this act, the zoning ordinance provisions applicable to the territory within the newly incorporated city or the annexed territory must remain in effect for 2 years after the incorporation or annexation unless the legislative body of the city lawfully adopts other zoning ordinance provisions.
(d) Except as otherwise provided in this subdivision, the regulation of trades, occupations, and amusements within city boundaries, if the regulations are not inconsistent with state or federal law, and the prohibition of trades, occupations, and amusements that are detrimental to the health, morals, or welfare of the inhabitants of that city. This subdivision is subject to the local government occupational licensing act.
(e) The regulation or prohibition of public nudity within city boundaries. As used in this subdivision, "public nudity" means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering or a female individual's breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include any of the following:
(i) A woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.
(ii) Material as that term is defined in section 2 of 1984 PA 343, MCL 752.362.
(iii) Sexually explicit visual material as that term is defined in section 3 of 1978 PA 33, MCL 722.673.
(f) Licensing, regulating, restricting, and limiting the number and locations of billboards within the city.
(g) The initiative and referendum on all matters within the scope of the powers of that city and the recall of city officials.
(h) A system of civil service for city employees, including employees of that city's board of health, and employees of any jail operated or maintained by the city. Charter provisions providing for a system of civil service for employees of a local health board are valid and effective.
(i) Subject to sections 4p and 4u, a system of compensation for city employees and for the dependents of city employees in the case of disability, injury, or death of city employees.
(j) The enforcement of police, sanitary, and other ordinances that are not in conflict with the general laws.
(k) The punishment of persons who violate city ordinances other than ordinances described in section 4l. The penalty for a violation of such a city ordinance must not exceed a fine of $500.00 or imprisonment for 90 days, or both. However, unless otherwise provided by law, the ordinance may provide that a violation of the ordinance is punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, if the violation substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days. In addition, a city may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an adopting ordinance and shall provide that a violation of that ordinance is punishable by 1 or more of the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 180 days.
(iii) A fine of not less than $200.00 or more than $700.00.
History: Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2239 ;-- Am. 1937, Act 309, Eff. Oct. 29, 1937 ;-- Am. 1939, Act 175, Eff. Sept. 29, 1939 ;-- Am. 1941, Act 10, Imd. Eff. Mar. 5, 1941 ;-- Am. 1941, Act 283, Imd. Eff. June 17, 1941 ;-- CL 1948, 117.4i ;-- Am. 1957, Act 131, Imd. Eff. May 25, 1957 ;-- Am. 1963, Act 166, Eff. Sept. 6, 1963 ;-- Am. 1991, Act 175, Eff. Mar. 30, 1992 ;-- Am. 1994, Act 17, Eff. May 1, 1994 ;-- Am. 1994, Act 313, Imd. Eff. July 21, 1994 ;-- Am. 1996, Act 179, Imd. Eff. Apr. 19, 1996 ;-- Am. 1999, Act 55, Eff. Oct. 1, 1999 ;-- Am. 2012, Act 7, Imd. Eff. Feb. 15, 2012 ;-- Am. 2014, Act 183, Imd. Eff. June 20, 2014 ;-- Am. 2017, Act 214, Imd. Eff. Dec. 20, 2017 ;-- Am. 2018, Act 498, Imd. Eff. Dec. 27, 2018 Compiler's Notes: Enacting section 1 of Act 498 of 2018 provides:"Enacting section 1. This amendatory act is retroactive and takes effect January 1, 2018."

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 117 - Home Rule Cities

Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38)

Section 117.1 - Body Corporate.

Section 117.1a - Short Title.

Section 117.1b - Emergency Financial Manager; Authority and Responsibilities.

Section 117.2 - Saving Clause.

Section 117.3 - Mandatory Charter Provisions.

Section 117.3a - Abolishment of At-Large City Council; Election of Members From Single-Member Election Districts; Ballot Question; Approval; Determination of City Council President; Adoption of Apportionment Plan by Commission; Qualifications of Cand...

Section 117.3b - Terms of Office; Staggered Terms; Resolution; Initial Terms; Applicability of Subsection (1).

Section 117.4 - Conduct of Racing Event Under MCL 257.1701 Et seq.; Powers and Duties.

Section 117.4a - Borrowing Money and Issuing Bonds; Net Indebtedness; Limitation; Computation; Borrowing in Case of Fire, Flood, or Other Calamity; Incurring Obligation for Construction, Renovation, or Modernization of Hospital; Bonds as Obligation o...

Section 117.4b - Refunds; Bonds; Sewers; Waterworks; Lighting; Permissible Charter Provisions.

Section 117.4c - Permissible Charter Provisions.

Section 117.4d - Permissible Charter Provisions; Assessing Costs of Public Improvement and Boulevard Lighting System; Definitions.

Section 117.4e - Public Property; Condemnation of Private Property; Permissible Charter Provisions.

Section 117.4f - Permissible City Charter Provisions.

Section 117.4g - Rapid Transit System; Permissible Charter Provisions.

Section 117.4h - Public Ways; Permissible Charter Provisions.

Section 117.4i - Permissible Charter Provisions.

Section 117.4j - City Departments; Special Acts; Municipal Powers; Permissible Charter Provisions.

Section 117.4k - Civic, Artistic, and Cultural Activities; Public Funds.

Section 117.4l - Ordinance; Designation as Civil Infraction or Blight Violation; Civil Fine; Act or Omission Constituting Crime.

Section 117.4m - Ordinance Regulating Recreational Trailway; Posting; Violation as Municipal Civil Infraction; Penalty.

Section 117.4n - Medical Facility for Public Purpose; Establishment, Operation, or Maintenance by Private Nonprofit Corporation.

Section 117.4o - Formation of Nonprofit Corporation by City.

Section 117.4p - City With Population More Than 600,000 or Discharge of $1,000,000,000.00 in Pension Liabilities; Defined Benefit Plan; Retirement Benefits for Employees Hired After July 1, 2023; Health Care Insurance Benefits; Certification of Compl...

Section 117.4q - Administrative Hearings Bureau; Establishment; Administrative Hearings; Procedures; Appeal; Effect of Nonpayment of Civil Fine or Costs; "Person" Defined.

Section 117.4r - Nonpayment of Civil Fine or Costs or Installment Payment by Defendant; Lien; Recording; Enforcement; Priority; Collection of Judgment; Duration of Lien; Default; Limitation on Commencement of Enforcement Action.

Section 117.4s - Population More Than 600,000; Chief Financial Officer.

Section 117.4t - Population More Than 600,000; Requirements; Appropriations.

Section 117.4u - Retirement Benefits Subject to Protecting Local Government Retirement and Benefits Act; "Retirement Benefit" Defined.

Section 117.5 - Prohibited Powers.

Section 117.5a - Membership in Certain Societies Not to Affect Employment.

Section 117.5b - Code of Municipal Ordinances; Publication.

Section 117.5c - Local Officers Compensation Commission; Creation; Purpose; Appointment, Qualifications, and Terms of Members; Vacancies; Determination of Salaries; Expenses; Meetings; Quorum; Concurrence of Majority Required; Election of Chairperson...

Section 117.5d - Locomotives; Enforceability of Ordinance Prescribing Maximum Speed Limit.

Section 117.5e - Municipal Water or Sewage System; Annual Audit; Public Hearing Before Proposed Rate Increase.

Section 117.5f - Energy Conservation Improvements; Acquisition or Financing; Resolution; Payment; Scope of Improvements; Acquisition of Improvements by Contract, Lease-Purchase Agreement, or Notes; Reports; Forms; Terms of Lease-Purchase Agreement.

Section 117.5g - Flood Control Project.

Section 117.5h - Regulation or Prohibition of Public Nudity; “Public Nudity” Defined.

Section 117.5i - Snow Removal From Streets, Mosquito Abatement, and Security Services Provided by Private Contractors; Special Assessment.

Section 117.5j - Sewer Separation; Authorization; Ordinance; Special Assessment.

Section 117.5k - Public-Private Agreement for Public Bridge Facility; Requirements; User Fee; Scope of Section; Hearing; Definitions.

Section 117.6 - Incorporation, Consolidation, or Alteration of Boundaries; Petition; Signatures; Deposit; Enumeration.

Section 117.7 - Incorporation, Consolidation or Alteration of Boundaries; Fifth Class Cities; Population Requisites; Representation on Board of Supervisors.

Section 117.8 - Incorporation, Consolidation, or Alteration of Boundaries; Petition; Filing; Resolution; Adoption.

Section 117.8a - Incorporation, Consolidation or Alteration of Boundaries; Filing Substitute Petition; Action by Supervisors.

Section 117.9 - Incorporation, Consolidation, or Change of Boundaries; Governing Law; Affected District; Petition or Resolution for Annexation; Voting; Duties of Commission.

Section 117.9a - Annexation of Township Remnant Territory to Home Rule City; Procedure.

Section 117.9b - Detachment of Territory From City; Conditions; Intergovernmental Agreement Imposing Conditions on Detachment; Reannexation to Detaching City; Detached Territory Not Subject to Annexation.

Section 117.9c - Repealed. 1986, Act 64, Eff. July 1, 1986.

Section 117.10 - Certified Copies of Petition and Resolution; Transmittal; Election Notices.

Section 117.11 - Petition for Incorporation, Consolidation, or Change of Boundaries; Affidavit; Filing With Secretary of State; Certification; Notice; Election.

Section 117.12 - Election Returns; Canvass; Village Clerk, Duties.

Section 117.13 - Effective Date of Incorporation, Consolidation, Attachment or Detachment; Certificate of Board of County Canvassers; Representation, Transfer of Property, Governmental Function.

Section 117.14 - Incorporation or Annexation.

Section 117.14a - Petition for Vacating Incorporation; Initiation; Election; Certification; Assets, Disbursement; Debts and Obligations.

Section 117.14b - Relocation of Common Boundaries.

Section 117.15 - Election on Question of Intent to Incorporate or Consolidate; Electors as Members of Charter Commission; Notice; Preparation, Form, and Contents of Ballot; Expenses; Procedure; Canvass; Certification of Election; Oath; Vacancies; Quo...

Section 117.15a - Incorporation; Expenses of Charter Commission; Payment.

Section 117.16 - Incorporation; Rejection of Charter; De Facto Mayor; Duties; Resubmission of Charter, Procedure; Effect of Nonadoption Within 3 Years of Election to Incorporate.

Section 117.17 - Incorporation; New Charter Commission, Petition, Procedure, Eligibility, Duties, Expenses; Control of Territory Pending Adoption; Date of Incorporation; Voting Franchise.

Section 117.18 - Incorporation; Revision of Charter, Procedure, Commission, Advisory Vote; Incorporation of Provision in Original Charter Granted by Legislature.

Section 117.19 - Charter; Duty of Legislative Body.

Section 117.20 - Charter Commission; First Meeting; Duties of City Clerk; Powers and Duties of Commission; Roll Call; Vacancy; Compensation; Quorum; Public Sessions.

Section 117.21 - Charter Amendment; Procedure.

Section 117.22 - Charter Amendment; Submission to Governor, Approval; Re-Consideration.

Section 117.23 - Publication of Proposed Charter and Amendments; Submission of Charter and Separate Propositions to Electors; Adoption; Ballot.

Section 117.24 - Charters or Amendments; Filing; Effective Date.

Section 117.25 - Initiatory Petition; Filing With City Clerk; Contents; Verification; Signatures and Inscriptions; Perjury and Other Felonies; Punishment; Canvass; Certifying Sufficiency or Insufficiency of Petition; Causing Proposed Amendment to Be...

Section 117.25a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

Section 117.26 - Elections; General Provisions; Applicability of MCL 168.641.

Section 117.27 - Repealed. 1966, Act 261, Eff. Mar. 10, 1967.

Section 117.27a - Apportionment of Wards; Definitions.

Section 117.27b - Board of Review; Appointment of Members, Functions.

Section 117.28 - Charter Change; Laws in Force; Justice and Police Courts, Justices, Charter Provisions, Ordinances.

Section 117.28a - Municipal Courts in Cities in Certain Counties; Civil Jurisdiction.

Section 117.28b - Municipal Courts in Cities in Certain Counties; Attorney Fees Based on Amount of Judgment.

Section 117.29 - Recovery and Enforcement of Fines, Penalties, and Forfeitures; Violations; Administrative Hearings.

Section 117.30 - Appeal to Circuit Court; Recognizance or Bond.

Section 117.31 - Disposition of Fines.

Section 117.32 - Constables; Election or Appointment; Powers and Duties; Salary; Fees; Provisions Inapplicable to Certain Cities; Compliance With Minimum Employment Standards.

Section 117.33 - Constables; Election, Qualification, and Compensation.

Section 117.34 - Police Officers; Powers.

Section 117.34a - Police Officer or Constable; Authority to Execute Bench Warrant.

Section 117.35 - Acquisition of Property; Condemnation or Purchase Proceedings.

Section 117.35a - General Obligation Bonds; Issuance; Conditions.

Section 117.36 - Charter Provisions; Conflict.

Section 117.36a - Financial Recovery Bonds; Amounts; Terms and Conditions; Net Indebtedness of City; Limitations; City With Population Less Than 10,000; "Third-Party Tax Collector" Defined; Refund; Deposit of Revenues Into Separate Account for Paying...

Section 117.37 - Saving Clause.

Section 117.38 - Construction of Act.