Mich. Comp. Laws » Michigan Compiled Laws / Chapter 42 / Act 359 of 1947
Michigan Compiled Laws

Mich. Comp. Laws § 42.21 (2026)

Violation of ordinances; sanction; designation as civil infraction; act or omission constituting crime; penalty; distribution of fines.

✓ current as of July 2026
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THE CHARTER TOWNSHIP ACT


Act 359 of 1947


42.21 Violation of ordinances; sanction; designation as civil infraction; act or omission constituting crime; penalty; distribution of fines.

Sec. 21.

    (1) The township board shall provide in each ordinance a sanction for violation of the ordinance.

    (2) Consistent with any of the following statutes, the township board may adopt an ordinance that designates a violation of the ordinance as a civil infraction and provides a civil fine for that violation:

    (a) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

    (b) 1969 PA 235, MCL 257.941 to 257.943.

    (c) 1956 PA 62, MCL 257.951 to 257.955.

    (3) The township board may adopt an ordinance that designates a violation of the ordinance as a municipal civil infraction and provides a civil fine for that violation. An ordinance shall not designate a violation as a municipal civil infraction if that violation may be designated as a civil infraction under subsection (2). A statute may provide that a violation of a specific type of ordinance is a municipal civil infraction whether or not the ordinance designates the violation as a municipal civil infraction.

    (4) An ordinance shall not make an act or omission a municipal civil infraction if that act or omission constitutes a crime under any of the following:

    (a) Article 7 of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545.

    (b) The Michigan penal code, 1931 PA 328, MCL 750.1 to 750.568.

    (c) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

    (d) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.

    (e) Part 801 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80101 to 324.80199.

    (f) The aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208.

    (g) Part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82160.

    (h) Part 811 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81101 to 324.81150.

    (i) Sections 351 to 365 of the railroad code of 1993, 1993 PA 354, MCL 462.351 to 462.365.

    (j) Any law of this state under which the act or omission is punishable by imprisonment for more than 93 days.

    (5) For an ordinance not described in subsection (2) or (3), punishment for a violation of the ordinance shall 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 charter 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.

    (6) Fines collected for the violation of the ordinances of a charter township shall be distributed as provided in section 8379 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8379.

History: 1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.21 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 553, Imd. Eff. Dec. 22, 1978 ;-- Am. 1994, Act 13, Eff. May 1, 1994 ;-- Am. 1996, Act 36, Imd. Eff. Feb. 26, 1996 ;-- Am. 1999, Act 58, Eff. Oct. 1, 1999 ;-- Am. 2012, Act 8, Imd. Eff. Feb. 15, 2012

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1977–2024 · leading case: Huron Twp. v. City Disposal Sys., Inc., 531 N.W.2d 153 (Mich. 1995).
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Huron Twp. v. City Disposal Sys., Inc., 531 N.W.2d 153 (Mich. 1995). · cites it 66× “[2] MCL 42.21; MSA 5.46(21) restricts the punishment for violation of a township ordinance to a fine of $500 or imprisonment for ninety days, or both.”
Renne v. Waterford Twp., 252 N.W.2d 842 (Mich. Ct. App. 1977). · cites it 5× “46(15) and MCLA 42.21; MSA 5.46(21). Our inquiry on this issue is not at an end, however, for it appears the $500 fine permitted by the Ordinance conflicts with MCLA 42.”
Huron Twp. v. City Disposal Sys., Inc., 505 N.W.2d 897 (Mich. Ct. App. 1993). · cites it 7× “On January 29, 1991, the district court assessed defendant $6,915 in fines. In an order dated June 5, 1991, *212 Wayne Circuit Judge John R.”
Orion Twp. v. Munro, 599 N.W.2d 496 (Mich. Ct. App. 1999). · cites it 2× “MCL 42.21; MSA 5.46(21). An “authorized local official” issues citations to those responsible for committing municipal civil infractions.”
People of Michigan v. Cora Ladane Lymon (Mich. 2024). “org/odyssey-public-access-(opa) (accessed June 25, 2024). Appellate court opinion searches can be conducted here: Michigan Courts, Cases, Opinions & Orders https://www.”
— Mich. Comp. Laws § 42.21(5) — 1 case
People of Michigan v. Cora Ladane Lymon (Mich. 2024). “org/odyssey-public-access-(opa) (accessed June 25, 2024). Appellate court opinion searches can be conducted here: Michigan Courts, Cases, Opinions & Orders https://www.”
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