TOWNSHIP ORDINANCES
Act 246 of 1945
41.181 Adoption of ordinances by township board.
Sec. 1.
(1) Except as otherwise provided in this subsection, the township board of a township, at a regular or special meeting by a majority of the members elect of the township board, may adopt ordinances regulating the public health, safety, and general welfare of persons and property, including, but not limited to, ordinances concerning fire protection, licensing or use of bicycles, traffic, parking of vehicles, sidewalk maintenance and repairs, the licensing of business establishments, the licensing and regulating of public amusements, and the regulation or prohibition of public nudity, and may provide sanctions for the violation of the ordinances. The township shall enforce the ordinances and may employ and establish a police department with full power to enforce township ordinances and state laws. If state laws are to be enforced, a township shall have a law enforcement unit or may by resolution appropriate funds and call upon the sheriff of the county in which the township is located, the department of state police, or another law enforcement agency to provide special police protection for the township. The sheriff, department of state police, or other local law enforcement agency shall, if called upon, provide special police protection for the township and enforce local township ordinances to the extent that township funds are appropriated for the enforcement. Special township deputies appointed by the sheriff shall be under the jurisdiction of and solely responsible to the sheriff. Ordinances regulating traffic and parking of vehicles and bicycles must not contravene the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. This subsection is subject to the local government occupational licensing act.
(2) Ordinances enacted may apply to streets, roads, highways, or portions of the township determined by the township board or may be limited to specified platted lands within the township, and with respect to these lands are valid and enforceable whether the roads and streets have been dedicated to public use or not. Township boards of townships enacting ordinances under this section may accept contributions from duly constituted representatives of the platted lands benefited by the ordinances to defray administrative and enforcement costs incident to the enactment of ordinances.
(3) A township may adopt a provision of any state statute for which the maximum period of imprisonment is 93 days or the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, by reference in an adopting ordinance, which statute must be clearly identified in the adopting ordinance. Except as otherwise provided in this subsection, a township shall not enforce any provision adopted by reference for which the maximum period of imprisonment is greater than 93 days. A township may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an adopting ordinance and shall provide that a violation of that ordinance is a misdemeanor punishable by 1 or more of the following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.
(4) As used in this section, "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:
(a) A woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.
(b) Material as defined in section 2 of 1984 PA 343, MCL 752.362.
(c) Sexually explicit visual material as defined in section 3 of 1978 PA 33, MCL 722.673.
History: 1945, Act 246, Eff. Sept. 6, 1945 ;-- CL 1948, 41.181 ;-- Am. 1952, Act 224, Eff. Sept. 18, 1952 ;-- Am. 1953, Act 87, Eff. Oct. 2, 1953 ;-- Am. 1955, 1st Ex. Sess., Act 5, Imd. Eff. Nov. 10, 1955 ;-- Am. 1959, Act 55, Imd. Eff. June 2, 1959 ;-- Am. 1961, Act 18, Eff. Sept. 8, 1961 ;-- Am. 1963, Act 39, Eff. Sept. 6, 1963 ;-- Am. 1968, Act 300, Imd. Eff. July 1, 1968 ;-- Am. 1969, Act 17, Imd. Eff. June 5, 1969 ;-- Am. 1974, Act 375, Imd. Eff. Dec. 23, 1974 ;-- Am. 1978, Act 590, Imd. Eff. Jan. 4, 1979 ;-- Am. 1989, Act 78, Imd. Eff. June 20, 1989 ;-- Am. 1991, Act 177, Eff. Mar. 30, 1992 ;-- Am. 1994, Act 14, Eff. May 1, 1994 ;-- Am. 1994, Act 315, Imd. Eff. July 21, 1994 ;-- Am. 1999, Act 253, Imd. Eff. Dec. 28, 1999 ;-- Am. 1999, Act 257, Eff. Dec. 29, 1999 ;-- Am. 2012, Act 9, Imd. Eff. Feb. 15, 2012 ;-- Am. 2018, Act 496, Imd. Eff. Dec. 27, 2018
Compiler's Notes:
Enacting section 1 of Act 496 of 2018 provides:
"Enacting section 1. This amendatory act is retroactive and takes effect January 1, 2018."
Notes of Decisions
Cited in
37
cases, 1954–2016 · leading case:
Hess v. Cannon Twp., 696 N.W.2d 742 (Mich. Ct. App. 2005).
Hess v. Cannon Twp., 696 N.W.2d 742 (Mich. Ct. App. 2005).
· cites it 16× “"The township ordinance act, MCL 41.181, is the basic enabling act granting townships the power to enact ordinances that regulate the public health, safety, and general welfare.”
Van Buren Charter Twp. v. Garter Belt, Inc, 673 N.W.2d 111 (Mich. Ct. App. 2003).
· cites it 5× “1916(3) divests counties with a population of ninety-five thou *603 sand or more from enacting topless activity regulations broader than those found in state law.”
Square Lake Hills Condo. Ass'n v. Bloomfield Twp., 471 N.W.2d 321 (Mich. 1991).
· cites it 8× “The question before the Court is whether townships have the authority to regulate by ordinance boat docking and launching under the township ordinance act, MCL 41.181; MSA 5.45(1). We hold that townships have the authority to regulate boat docking and launching for the…”
Graham v. Kochville Twp., 599 N.W.2d 793 (Mich. Ct. App. 1999).
· cites it 6× “On October 3, 1996, the trial court issued a declaratory judgment in favor of plaintiffs after it determined that Ordinance 93-7-W was in violation of MCL 41.181; MSA 5.45(1), which confers police power on townships to regulate the public health, safety, or general welfare of…”
Herman v. Berrien Cnty., 750 N.W.2d 570 (Mich. 2008).
· cites it 2× “Specifically, this case involves the relationship between a county’s power, under the CCA, to site county buildings and the powers given to local governments under the TZA and the Township Ordinance Act, MCL 41.181 et seq. 6 While this particular case includes novel nuances, the…”
Dep't of Env't Quality v. Worth Twp., 814 N.W.2d 646 (Mich. 2012).
· cites it 4× “40 There may be instances in which the responsibility for a discharge could logically be placed with one of the other entities listed as a municipality, such as the state. In such instances, it is possible that the DEQ may choose to initiate a suit against that municipality.”
Jott, Inc v. Clinton Charter Twp., 569 N.W.2d 841 (Mich. Ct. App. 1997).
· cites it 5× “Plaintiff argues, however, that the definition of nudity contained in ordinance 291-A may not be sustained because it is preempted by the definition of “public nudity” contained in the township ordinance act, MCL 41.181; MSA 5.45(1). We disagree. At the time ordinance 291-A was…”
Grahovac v. Munising Twp., 689 N.W.2d 498 (Mich. Ct. App. 2004).
· cites it 4× “806(1) (granting the power to make decisions that have a wide effect on the community to the township board); and MCL 41.181 (granting the power to legislate to the township board).”
King Enter., Inc. v. Thomas Twp., 215 F. Supp. 2d 891 (E.D. Mich. 2002).
· cites it 4× “Motivated primarily by concerns of public safety, aesthetics and economic development, the township board and planning commission set about the task of regulating exterior signage in accordance with the enabling authority granted to them by the General Township Police Power Act,…”
Hess v. West Bloomfield Twp., 486 N.W.2d 628 (Mich. 1992).
· cites it 4× “Therefore, our only consideration is whether the enabling provision of that act vested the township with authority to regulate the construction of a dock and the ability to limit the number of boats that could be moored there.”
— Mich. Comp. Laws § 41.181(1) — 5 cases
Hess v. Cannon Twp., 696 N.W.2d 742 (Mich. Ct. App. 2005).
“"The township ordinance act, MCL 41.181, is the basic enabling act granting townships the power to enact ordinances that regulate the public health, safety, and general welfare.”
Graham v. Kochville Twp., 599 N.W.2d 793 (Mich. Ct. App. 1999).
“On October 3, 1996, the trial court issued a declaratory judgment in favor of plaintiffs after it determined that Ordinance 93-7-W was in violation of MCL 41.181; MSA 5.45(1), which confers police power on townships to regulate the public health, safety, or general welfare of…”
Herman v. Berrien Cnty., 750 N.W.2d 570 (Mich. 2008).
“Specifically, this case involves the relationship between a county’s power, under the CCA, to site county buildings and the powers given to local governments under the TZA and the Township Ordinance Act, MCL 41.181 et seq. 6 While this particular case includes novel nuances, the…”
Dep't of Env't Quality v. Worth Twp., 814 N.W.2d 646 (Mich. 2012).
“40 There may be instances in which the responsibility for a discharge could logically be placed with one of the other entities listed as a municipality, such as the state. In such instances, it is possible that the DEQ may choose to initiate a suit against that municipality.”
— Mich. Comp. Laws § 41.181(2) — 1 case
Hess v. Cannon Twp., 696 N.W.2d 742 (Mich. Ct. App. 2005).
“"The township ordinance act, MCL 41.181, is the basic enabling act granting townships the power to enact ordinances that regulate the public health, safety, and general welfare.”
— Mich. Comp. Laws § 41.181(3) — 2 cases
Jott, Inc v. Clinton Charter Twp., 569 N.W.2d 841 (Mich. Ct. App. 1997).
“Plaintiff argues, however, that the definition of nudity contained in ordinance 291-A may not be sustained because it is preempted by the definition of “public nudity” contained in the township ordinance act, MCL 41.181; MSA 5.45(1). We disagree. At the time ordinance 291-A was…”
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