Michigan Compiled Laws
Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28)
Section 78.24 - Village Charter; Permissible Provisions.

Sec. 24.
A village may provide in its charter for 1 or more of the following:
(a) Except as otherwise provided in this subdivision, the regulation of a trade, occupation, or amusement within the village's boundaries, including the sale of intoxicating liquor and the number of licenses to be issued for the sale of intoxicating liquor. A charter must not permit the sale of liquor in a county in which the sale is prohibited by operation of the general local option law of this state, but may suppress saloons for the sale of intoxicating liquor. This subdivision is subject to the local government occupational licensing act.
(b) The punishment of a person who violates an ordinance of the village other than an ordinance described in section 25a. The penalty for a violation of such an 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 village may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an adopting ordinance and shall provide that a violation of that ordinance is a misdemeanor punishable by 1 or more of the following:
(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.
(c) The establishment of a department considered necessary for the general welfare of the village and for the separate incorporation of the village. This subdivision does not apply to a public school.
(d) The use and enjoyment of the surface of a street of the village and the space above and beneath the street.
(e) The assessment and reassessment of the cost, or a portion of the cost, of a public improvement to a special district. The payment of a future installment of a special assessment against a parcel of land may be made at any time in full, with interest accrued to the due date of the next installment.
(f) The purchase of private property for a public use or purpose within the scope of the powers of the village.
(g) The sale and delivery of water outside the corporate limits of the village in an amount determined by the legislative body of the village.
(h) The purchase of land outside the corporate limits of the village if necessary for the disposal of sewage and garbage or for a purpose authorized by the state constitution of 1963 or the law of this state.
(i) The use, upon the payment of reasonable compensation by persons other than the owner, of property located in a street, alley, or public place if the property is used in the operation of a public utility.
(j) A plan of streets and alleys within the village's limits.
(k) The use, control, and regulation of a stream, water, or watercourse within the village's boundaries, but not so as to conflict with a law, or action under a law, by which a navigable stream is bridged or dammed.
(l) The enforcement of each police, sanitary, or other ordinance that is not in conflict with the law of this state.
(m) The exercise of each municipal power in the management and control of village property and the administration of the village government, whether the power is expressly enumerated in this act or not; an act to advance the interest of the village, and the good government and prosperity of the village and its inhabitants; and the making of ordinances that are necessary and proper for carrying into execution the powers conferred by this act, and other powers vested by the state constitution of 1963 in villages, except if forbidden by or if the subject is covered exclusively by the law of this state.
(n) The sale and delivery of heat, power, and light outside the village's corporate limits in an amount determined by the legislative body of the village, except that a sale at other than wholesale is limited to the area of a city, village, or township that is contiguous to the village as of June 23, 1974, and to the area of any other city, village, or township being served as of June 23, 1974. However, a village shall not sell heat, power, or light to a customer outside the village's corporate limits already receiving the service from another utility unless the serving utility consents in writing. For purposes of this subdivision, "wholesale" means the sale or exchange of heat, power, or light between public utility systems, whether municipally, cooperatively, or privately owned.
History: 1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2866 ;-- CL 1929, 1786 ;-- CL 1948, 78.24 ;-- Am. 1955, Act 60, Eff. Oct. 14, 1955 ;-- Am. 1974, Act 174, Imd. Eff. June 23, 1974 ;-- Am. 1978, Act 28, Imd. Eff. Feb. 24, 1978 ;-- Am. 1979, Act 37, Imd. Eff. June 20, 1979 ;-- Am. 1994, Act 15, Eff. May 1, 1994 ;-- Am. 1999, Act 56, Eff. Oct. 1, 1999 ;-- Am. 2012, Act 11, Imd. Eff. Feb. 15, 2012 ;-- Am. 2018, Act 495, Imd. Eff. Dec. 27, 2018 Compiler's Notes: Enacting section 1 of Act 495 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 78 - Villages

Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28)

Section 78.1 - Short Title; Corporate Existence of Villages to Continue; Village Subject to General Laws; Seal; Suit.

Section 78.1a - Conducting Business at Public Meeting; Notice of Meeting; Availability of Certain Writings to Public.

Section 78.1b - Emergency Financial Manager; Authority and Responsibilities.

Section 78.2 - Incorporation, Detachment or Addition of Territory, or Consolidation; Petition; Signatures; Incorporation of Summer Resort Association; Proceedings; Certification; Appointment, Oath, Duties, and Compensation of Enumerators; Sworn State...

Section 78.2a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

Section 78.3 - Petitions; Contents.

Section 78.4 - Petition; Presentation; Action of County Board of Commissioners; Resolution; Vote; Review.

Section 78.5 - Incorporation, Consolidation or Change of Boundaries; Affected District; Referendum; Authorizing Vote.

Section 78.5a - Annexation; Petition; Vote; Approval of Adjoining City, Village or Township.

Section 78.6 - Petition and Resolution; Certified Copies, Transmittal to Local Clerks, Time; Election Notices.

Section 78.7 - Villages in More Than 1 County; Incorporation, Consolidation or Change in Boundary; Procedure.

Section 78.8 - Returns Canvass.

Section 78.9 - Proceedings; Copy Filed With Secretary of State; Recording; Change Effected; Certificate to State Treasurer; Time.

Section 78.10 - Annexation of Entire Village or Township; Incorporation of Village From Part of Township; Annexation of Part of City, Village, or Township by Village.

Section 78.11 - New Village; Charter Commission, Election, Manner, Duties, Oath; Proposed Charter, Vote, Manner; Notices.

Section 78.12 - Village Charter; Rejection; Effect; President De Facto; Resubmission; Revert to Prior Status.

Section 78.13 - Village Charter; New Charter Commission, Petition, Procedure, Duties; Eligibility; Expenses, Payment; Territory, Control.

Section 78.14 - Village Charter; Revision.

Section 78.15 - Election of Charter Commission; Details Fixed by Legislative Body.

Section 78.16 - Charter Commission; Quorum.

Section 78.17 - Charter; Amendments, Submission.

Section 78.18 - Charter Commission; Prosecuting Attorneys to Give Advice; Charter Vote Prerequisites.

Section 78.19 - Charter; Publication Prerequisites.

Section 78.20 - Charter of Amendment; Approval; Filing Time.

Section 78.21 - Election; Expenses; Manner of Conducting.

Section 78.22 - Police Officers of Village; Powers.

Section 78.22a - District Court or Municipal Court; Hearing and Determining Cases.

Section 78.22b - Police Officer; Authority to Execute Bench Warrant.

Section 78.23 - Village Charter; Mandatory Provisions.

Section 78.24 - Village Charter; Permissible Provisions.

Section 78.24a - Codification of Ordinances.

Section 78.24b - 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 78.24c - Acquisition of Land for Disposal of Sewage or Protection of Water Supply.

Section 78.24d - Staggered Terms of Office; Resolution; Length of Initial Terms; Applicability of Subsection (1).

Section 78.25 - Statutory Provisions; Adoption.

Section 78.25a - Ordinance; Designation of Violation as Civil Infraction; Civil Fine; Act or Omission Constituting Crime.

Section 78.25b - Recreational Trailway; Posting of Ordinance; Prohibited Violation of Ordinance as Municipal Civil Infraction; Penalty.

Section 78.26 - Prohibited Powers; Computation of Indebtedness.

Section 78.26a - Locomotives; Enforceability of Ordinance Prescribing Maximum Speed Limit.

Section 78.27 - Village Charter; Prohibited Conflicts.

Section 78.28 - Construction of Act.