History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--Am. 1954, Act 119, Eff. Aug. 13, 1954 ;--Am. 1962, Act 186, Imd. Eff. May 24, 1962 ;--Am. 1974, Act 4, Imd. Eff. Jan. 30, 1974 ;--Am. 1983, Act 44, Imd. Eff. May 12, 1983 ;--Am. 1998, Act 145, Eff. Mar. 23, 1999 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 1.

This act is the charter for all villages incorporated under this act.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2684 ;--CL 1915, 2555 ;--CL 1929, 1465 ;--CL 1948, 61.1 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 1a.

As used in this act:

(a) “Appointed officer” means any officer, except an officer who is appointed to fill an elective but vacant seat on the council.

(b) “Civil infraction action”, “municipal civil infraction”, and, except as used in section 2 of chapter VI, “civil infraction” mean those terms as defined in section 113 of the revised judicature act of 1961, 1961 PA 236, MCL 600.113.

(c) “Council” or “members of council”, with respect to voting procedure, means 1 of the following:

(i) The president and 6 trustees, if the village has not adopted an ordinance reducing the number of trustees under chapter II.

(ii) The president and 4 trustees, if the village has adopted an ordinance reducing the number of trustees under chapter II.

(d) “Elector” means an individual who has the qualifications of an elector under section 492 of the Michigan election law, 1954 PA 116, MCL 168.492.

(e) “Officer” means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council.

(f) “Quorum” means, except as otherwise defined, 1 of the following:

(i) Three council members, if the village has adopted an ordinance reducing the number of trustees under chapter II.

(ii) Four council members, if the village has not adopted an ordinance reducing the number of trustees under chapter II.

History: Add. 1945, Act 24, Eff. Sept. 6, 1945 ;--CL 1948, 61.1a ;--Am. 1994, Act 16, Eff. May 1, 1994 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 1b.

No provision of this act shall apply or be construed as having heretofore applied to any village incorporated or reincorporated under Act No. 278 of the Public Acts of 1909, as amended, being sections 78.1 to 78.28 of the Compiled Laws of 1948, unless specifically adopted by the electors as a part of its village charter. The provisions of this act shall be deemed to be in the nature of charter provisions for any village incorporated thereunder or subject thereto and any such provision may be altered or removed by amendment adopted by the electors as provided in Act No. 278 of the Public Acts of 1909, as amended, provided that the effect of the amendment is such as might legally be accomplished by charter provision in the case of a village operating under Act No. 278. All such amendments heretofore so adopted by any village incorporated under or subject to this act, and all actions heretofore taken and all bonds heretofore issued under or in accordance with such amendments, are hereby validated to the same effect as if the foregoing provision had been in effect when such amendments were adopted.

History: Add. 1962, Act 186, Imd. Eff. May 24, 1962 .

Sec. 1c.

Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws, with respect to a village governed by this act, then that emergency financial manager may exercise the authority and responsibilities provided in this act to the extent authorized by Act No. 101 of the Public Acts of 1988.

History: Add. 1988, Act 196, Imd. Eff. June 27, 1988 .

Compiler's Note: The repealed sections pertained to incorporation of villages.

Sec. 12.

A village incorporated under this act is a body politic and corporate under the name designated for it upon incorporation. By that name, the village may sue and be sued, contract and be contracted with, acquire and hold real and personal property for the purposes for which it was incorporated, have a common seal, change the common seal at pleasure, and exercise all the powers under this act.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2695 ;--CL 1915, 2566 ;--CL 1929, 1476 ;--CL 1948, 61.12 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Compiler's Note: The repealed section pertained to the village board of registration.

Compiler's Note: The repealed section pertained to registration of electors.

***** 62.1 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 62.1.amended *****

Sec. 1.

(1) Except as provided in subsections (2) and (3), in each village, the following officers shall be elected: a president, 6 trustees, 1 clerk, and 1 treasurer. The president and trustees constitute the council. In all votes for which not less than a majority vote of council is required, the calculation of the number of votes required shall be based on the maximum number that constitutes council.

(2) The council by a vote of 2/3 of the members of council may provide by ordinance for the reduction in the number of trustees to 4 who with the president shall constitute the council. If village trustees are elected biennially for staggered 4-year terms or annually for staggered 2-year terms, the ordinance shall as nearly as possible maintain staggered terms and provide for an equal number of seats to be filled at each election. The ordinance may extend but shall not shorten the term of an incumbent trustee. The ordinance may extend a prospective term. The ordinance shall not shorten or eliminate a prospective term unless the nomination deadline for that term is not less than 30 days after the effective date of the ordinance. An ordinance adopted under this subsection shall satisfy both of the following conditions:

(a) The ordinance shall be voted on and adopted at a meeting that occurs not less than 10 days after the initial meeting or public hearing at which the ordinance was considered.

(b) Notice of each meeting at which the ordinance is considered indicating that an ordinance reducing the size of the council will be 1 of the subjects of the meeting shall be published not less than 10 days before the meeting in a newspaper of general circulation in the village.

(3) The council by a vote of 2/3 of the members of council may provide by ordinance for the nomination by the president and the appointment by the council of the clerk or the treasurer or both for such a term as the ordinance may provide. The ordinance shall apply beginning with the first term the nomination deadline for which would have been not less than 30 days after the effective date of the ordinance or shall apply when the office is vacated, whichever occurs first.

(4) The council shall provide that an ordinance adopted under subsection (2) or (3) takes effect 45 days after the date of adoption unless a petition signed by not less than 10% of the registered electors of the village is filed with the village clerk within the 45-day period, in which case the ordinance takes effect upon approval at an election held on the question. Notice of the delayed effect of the ordinance and the right of petition under this subsection shall be published separately at the same time, and in the same manner, as the ordinance is published pursuant to section 4 of chapter VI. The village clerk shall verify the signatures on the petitions. If a petition bearing the required number of valid signatures of electors is filed, the question of adoption of the ordinance shall be submitted at the next general or special election. The ballot language for the question shall be prepared by the village clerk, unless the question concerns the appointment of the clerk under subsection (2), in which case the ballot language shall be prepared by the village council.

(5) A village that has adopted an ordinance reducing the number of trustees to 4 or providing for the appointment by the council of the clerk or treasurer may increase the number of trustees to 6 or provide for the election of the clerk or treasurer by the same process as provided in subsection (2) or (3), respectively, and in subsection (4).

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2699 ;--CL 1915, 2569 ;--CL 1929, 1479 ;--CL 1948, 62.1 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 62.1.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 1.

(1) Except as provided in subsections (2) and (3), in each village, the following officers shall be elected: a president, 6 trustees, 1 clerk, and 1 treasurer. The president and trustees constitute the council. In all votes for which not less than a majority vote of the council is required, the calculation of the number of votes required shall be based on the maximum number that constitutes the council.

(2) The council by a vote of 2/3 of the members of the council may provide by ordinance for the reduction in the number of trustees to 4 who with the president shall constitute the council. If village trustees are elected biennially for staggered 4-year terms, the ordinance shall as nearly as possible maintain staggered terms and provide for an equal number of seats to be filled at each election. The ordinance may extend but shall not shorten the term of an incumbent trustee. The ordinance may extend a prospective term. The ordinance shall not shorten or eliminate a prospective term unless the nomination deadline for that term is not less than 30 days after the effective date of the ordinance. An ordinance adopted under this subsection shall satisfy both of the following conditions:

(a) The ordinance shall be voted on and adopted at a meeting that occurs not less than 10 days after the initial meeting or public hearing at which the ordinance was considered.

(b) Notice of each meeting at which the ordinance is considered indicating that an ordinance reducing the size of the council will be 1 of the subjects of the meeting shall be published not less than 10 days before the meeting in a newspaper of general circulation in the village.

(3) The council by a vote of 2/3 of the members of the council may provide by ordinance for the nomination by the president and the appointment by the council of the clerk or the treasurer, or both, for a term as the ordinance may provide. The ordinance shall apply beginning with the first term the nomination deadline for which would have been not less than 30 days after the effective date of the ordinance or shall apply when the office is vacated, whichever occurs first.

(4) The council shall provide that an ordinance adopted under subsection (2) or (3) takes effect 45 days after the date of adoption unless a petition signed by not less than 10% of the registered electors of the village is filed with the village clerk within the 45-day period, in which case the ordinance takes effect upon approval at an election held on the question. Notice of the delayed effect of the ordinance and the right of petition under this subsection shall be published separately at the same time, and in the same manner, as the ordinance is published as provided in section 4 of chapter VI. The village clerk shall verify the signatures on the petitions. If a petition bearing the required number of valid signatures of electors is filed, the question of adoption of the ordinance shall be submitted at the next general or special election. The ballot language for the question shall be prepared by the village clerk, unless the question concerns the appointment of the clerk under subsection (3), in which case the ballot language shall be prepared by the village council.

(5) A village that has adopted an ordinance reducing the number of trustees to 4 or providing for the appointment by the council of the clerk or treasurer may increase the number of trustees to 6 or provide for the election of the clerk or treasurer by the same process as provided in subsection (2) or (3), respectively, and in subsection (4).

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2699 ;--CL 1915, 2569 ;--CL 1929, 1479 ;--CL 1948, 62.1 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

Sec. 2.

(1) The president may nominate and the council appoint such officers as shall be provided for by resolution or ordinance of the council. The council may provide by ordinance or resolution for the appointment of other officers whose election or appointment is not specifically provided for in this act, as the council considers necessary for the execution of the powers granted by this act. The powers and duties of such officers shall be prescribed by the council. The council may require that the officers perform their duties faithfully and that proper measures be taken to punish neglect of duty by an officer.

(2) This section is subject to an ordinance adopted under section 8 of chapter V.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2700 ;--CL 1915, 2570 ;--Am. 1925, Act 105, Imd. Eff. Apr. 30, 1925 ;--CL 1929, 1480 ;--CL 1948, 62.2 ;--Am. 1985, Act 173, Imd. Eff. Dec. 2, 1985 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 62.3 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 62.3.amended *****

Sec. 3.

Appointments to office, excepting appointments to fill vacancies, shall be made on the second Monday in April in each year, unless a different time shall be prescribed in the ordinance or resolution creating the office; but appointments which, for any cause, shall not be made on that day, or on the day provided in the ordinance or resolution creating the office, may be made at any subsequent regular or special meeting of the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2701 ;--CL 1915, 2571 ;--CL 1929, 1481 ;--CL 1948, 62.3 .

***** 62.3.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 3.

Except for an appointment to fill a vacancy or unless a different time is prescribed in the ordinance or resolution creating the office, an appointment to a village office shall be made at the first village council meeting after the qualification of a council member who is elected at the village's regular election. If, for any cause, an appointment is not made at that meeting or on the day prescribed in the ordinance or resolution creating the office, the appointment may be made at a subsequent regular or special meeting of the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2701 ;--CL 1915, 2571 ;--CL 1929, 1481 ;--CL 1948, 62.3 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

***** 62.4 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 62.4.amended *****

Sec. 4.

Unless otherwise provided by ordinance, the president, clerk, and treasurer shall hold their respective offices for the term of 2 years from the second Monday of March of the year when elected and until their successors are elected and qualified.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2702 ;--CL 1915, 2572 ;--Am. 1925, Act 105, Imd. Eff. Apr. 30, 1925 ;--CL 1929, 1482 ;--CL 1948, 62.4 ;--Am. 1971, Act 18, Imd. Eff. May 5, 1971 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 62.4.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 4.

Unless otherwise provided by ordinance, the president, clerk, and treasurer hold their respective offices for the term of 2 years and until their successors are elected and qualified. The term of office for a president, clerk, or treasurer elected at the village's regular election begins on 1 of the following dates:

(a) If the regular election is held at the general election, November 20 after the officer's election and qualification.

(b) If the regular election is held at the September primary election, October 1 after the officer's election and qualification.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2702 ;--CL 1915, 2572 ;--Am. 1925, Act 105, Imd. Eff. Apr. 30, 1925 ;--CL 1929, 1482 ;--CL 1948, 62.4 ;--Am. 1971, Act 18, Imd. Eff. May 5, 1971 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

***** 62.5 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 62.5.amended *****

Sec. 5.

(1) Except as otherwise provided in this section, 3 village trustees shall be elected at each biennial village election for the term of 4 years from the second Monday in March of the even numbered year when elected and until their successors are qualified. As an alternative, if provided by an ordinance adopted by the village before January 1, 1974, all 6 village trustees shall be elected at the biennial village elections for the term of 2 years and until their successors are qualified.

(2) If a village exempted itself from subsection (1) by council resolution adopted before January 1, 1974, the village shall continue to elect its trustees annually on the second Monday in March with 3 trustees to be elected annually. The trustees shall hold their offices for the term of 2 years and until their successors are qualified.

(3) A village that exempted itself as described in subsection (2) may subsequently provide by ordinance that the village shall elect trustees biennially. The ordinance shall be applicable to the even year village election to be held not less than 6 months next following the adoption of the ordinance. The ordinance shall provide for a system of electing trustees as described in subsection (1). The ordinance may extend the terms of incumbent trustees for not more than 1 year if necessary to provide for the biennial election of trustees. In any event, a trustee shall serve until his or her successor is qualified.

(4) A copy of each resolution and ordinance adopted pursuant to this section shall be forwarded to the director of the bureau of elections of the department of state.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2703 ;--CL 1915, 2573 ;--CL 1929, 1483 ;--CL 1948, 62.5 ;--Am. 1973, Act 148, Imd. Eff. Nov. 21, 1973 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 62.5.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 5.

Except as otherwise provided in this section, 3 village trustees shall be elected at each biennial village election for the term of 4 years and until their successors are qualified. As an alternative, if provided by an ordinance adopted by the village before January 1, 1974, all 6 village trustees shall be elected at the biennial village elections for the term of 2 years and until their successors are qualified. The term of office for a trustee elected at the village's regular election begins on 1 of the following dates:

(a) If the regular election is held at the general election, November 20 after the officer's election and qualification.

(b) If the regular election is held at the September primary election, October 1 after the officer's election and qualification.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2703 ;--CL 1915, 2573 ;--CL 1929, 1483 ;--CL 1948, 62.5 ;--Am. 1973, Act 148, Imd. Eff. Nov. 21, 1973 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

***** 62.6 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 62.6.amended *****

Sec. 6.

All appointive officers, except officers appointed to fill vacancies in elective offices, shall hold their respective offices until the second Monday of April next after such appointment, and until their successors are qualified unless a different term of office is prescribed in this act, in an ordinance authorized by this act, or in the ordinance or resolution creating the office. An officer appointed to fill a vacancy in an elective office shall hold office until the next regular village election, and until his or her successor is elected and qualified. An officer appointed to fill a vacancy in an appointive office shall hold office until his or her successor is appointed and qualified.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2704 ;--CL 1915, 2574 ;--CL 1929, 1484 ;--CL 1948, 62.6 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 62.6.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 6.

Except for an officer appointed to fill a vacancy in an elective office, an appointive village officer holds the office for 2 years after the date of the appointment or until the village's next regular election, whichever is earlier, and until the officer's successor is appointed and qualified unless a different term of office is prescribed in this act, in an ordinance authorized by this act, or in the ordinance or resolution creating the office. An officer appointed to fill a vacancy in an elective office shall hold office until the next regular village election, and until his or her successor is elected and qualified. An officer appointed to fill a vacancy in an appointive office shall hold office until his or her successor is appointed and qualified.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2704 ;--CL 1915, 2574 ;--CL 1929, 1484 ;--CL 1948, 62.6 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

Sec. 7.

(1) A person shall not be elected to an office unless he or she is an elector of the village.

(2) A person in default to the village is not eligible for any office in the village. All votes in an election for or any appointment of a person in default to the village are void. As used in this subsection, “in default” means delinquent in payment of property taxes or a debt owed to the village if 1 of the following applies:

(a) The taxes remain unpaid after the last day of February in the year following the year in which they are levied, unless the taxes are the subject of an appeal.

(b) Another debt owed to the village remains unpaid 90 days after the due date, unless the debt is the subject of an administrative appeal or a contested court case.

(3) Not more than 30 days after receiving notice of his or her election or appointment, an officer of the village shall take and subscribe the oath of office prescribed by the constitution of the state and file the oath with the clerk. An officer who fails to comply with the requirements of this subsection shall be considered to have declined the office.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2705 ;--CL 1915, 2575 ;--CL 1929, 1485 ;--CL 1948, 62.7 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Compiler's Note: In this section, “the constitution of the state” evidently refers to the Constitution of 1908. See now Const. 1963, Art. XI, § 1.

Sec. 8.

Every officer elected or appointed in the village, before entering upon the duties of his office, and within the time prescribed for filing his official oath, shall file with the village clerk such bond or security as may be required by law, or by any ordinance or resolution of the council, and with such sureties as shall be approved by the council, conditioned for the due performance of the duties of his office, except that the bond or security given by the clerk shall be deposited with the treasurer.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2706 ;--CL 1915, 2576 ;--CL 1929, 1486 ;--CL 1948, 62.8 .

Sec. 9.

The council may, at any time, require any officer to execute and file with the clerk additional or new official bonds, with such new or further sureties as said council shall deem requisite for the interest of the corporation. Any failure to comply with such requirement within 15 days shall subject the officer to immediate removal from office by the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2707 ;--CL 1915, 2577 ;--CL 1929, 1487 ;--CL 1948, 62.9 .

Sec. 10.

Resignations of officers shall be made to the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2708 ;--CL 1915, 2578 ;--CL 1929, 1488 ;--CL 1948, 62.10 .

Sec. 11.

If any elected officer shall cease to be a resident of the village during his or her term of office, the office shall be thereby vacated. If any officer is alleged to be in default as defined in section 7 of this chapter, the office shall be declared vacated.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2709 ;--CL 1915, 2579 ;--CL 1929, 1489 ;--CL 1948, 62.11 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 12.

If any person elected or appointed to office fails to give or maintain the bond or security required for the due performance of the duties of his or her office, within the time specified under section 8 or 9 of this chapter, the council shall declare the office vacant, unless the officer gives the requisite bond or security before the council makes its declaration.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2710 ;--CL 1915, 2580 ;--CL 1929, 1490 ;--CL 1948, 62.12 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 62.13 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 62.13.amended *****

Sec. 13.

Any vacancy occurring in the office of president, trustee, or any other elective office shall be filled by appointment by the council, and the appointee shall hold office until the next regular village election. All vacancies in any other office shall be filled by the president, by and with the consent of the council. If by reason of removal, death, resignation, or otherwise, the membership of the council is reduced to less than a quorum, the remaining council members shall call a special election for the purpose of filling all vacancies in the office of trustee, if a petition signed by not less than 10% of the qualified voters of the village is filed with the village clerk within 10 days after the vacancy or vacancies occur. If a petition is not filed within the time stated, then the remaining council members may either call a special election, or may proceed to appoint a sufficient number of trustees to constitute with the members in office a quorum of the council, who shall then fill the remaining vacancies as provided in this section. If all the officers and trustees of a village have died or removed from the village, and no successors have been elected or appointed to fill the vacancies, the township clerk of the township within which the village is situated shall, upon petition of 10% of the qualified voters residing in the village, call a special election for the election of the officers and trustees of the village, at a date and place to be fixed by the township clerk, which date shall be not more than 30 days after the receipt of the petition. The township board of the township shall perform all of the other duties with respect to the election as the village might have done had the vacancies not existed, including the preparation of ballots, the appointment of election inspectors, the counting and canvassing of the ballots, and the certification of the persons elected to the offices for which the election was held. All of the expenses of the election shall be a charge upon the village.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2711 ;--CL 1915, 2581 ;--Am. 1921, Act 10, Eff. Aug. 18, 1921 ;--CL 1929, 1491 ;--CL 1948, 62.13 ;--Am. 1983, Act 205, Imd. Eff. Nov. 10, 1983 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 62.13.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 13.

A vacancy occurring in the office of president, trustee, or any other elective office shall be filled by appointment by the council, and the appointee shall hold office until the next regular village election. All vacancies in any other office shall be filled by the president, by and with the consent of the council. If by reason of removal, death, resignation, or otherwise, the membership of the council is reduced to less than a quorum, the remaining council members shall call a special election for the purpose of filling all vacancies in the office of trustee, if a petition signed by not less than 10% of the qualified voters of the village is filed with the village clerk within 10 days after the vacancy or vacancies occur. If a petition is not filed within the time stated, then the remaining council members may either call a special election, or may appoint a sufficient number of trustees to constitute with the members in office a quorum of the council, who shall then fill the remaining vacancies as provided in this section. If all the officers and trustees of a village have died or moved from the village, and no successors have been elected or appointed to fill the vacancies, the township clerk of the township within which the village is situated shall, upon petition of 10% of the qualified voters residing in the village, call a special election for the election of the officers and trustees of the village to be held on a regular election date as established under section 641 of the Michigan election law, 1954 PA 116, MCL 168.641. The township shall perform all of the other duties with respect to the election as the village might have done had the vacancies not existed, including the preparation of ballots, the appointment of election inspectors, the counting and canvassing of the ballots, and the certification of the persons elected to the offices for which the election was held. The expenses of the election shall be paid by the village as provided in section 642 of the Michigan election law, 1954 PA 116, MCL 168.642.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2711 ;--CL 1915, 2581 ;--Am. 1921, Act 10, Eff. Aug. 18, 1921 ;--CL 1929, 1491 ;--CL 1948, 62.13 ;--Am. 1983, Act 205, Imd. Eff. Nov. 10, 1983 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

Sec. 14.

The resignation or removal of an officer or the appointment or election of a successor to the officer does not exonerate the officer or the officer's sureties from any liability incurred by the officer or the officer's sureties.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2712 ;--CL 1915, 2582 ;--CL 1929, 1492 ;--CL 1948, 62.14 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 15.

When an officer resigns or is removed from office, or when the elected term of office expires, he or she shall deliver over to his or her successor in office books, papers, money, evidence of debt, and other property as required by section 480 of the Michigan penal code, 1931 PA 328, MCL 750.480.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2713 ;--CL 1915, 2583 ;--CL 1929, 1493 ;--CL 1948, 62.15 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 63.1 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 63.1.amended *****

Sec. 1.

Except with regard to villages that hold annual elections pursuant to section 5(2) of chapter 2, the election of officers shall be held biennially on the second Monday in March in each even numbered year. An election shall be held at such place in the village as the council shall designate.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2714 ;--CL 1915, 2584 ;--CL 1929, 1494 ;--CL 1948, 63.1 ;--Am. 1973, Act 148, Imd. Eff. Nov. 21, 1973 .

***** 63.1.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 1.

(1) An election under this act shall be held at a place in the village as the council designates.

(2) Notwithstanding a charter provision or ordinance providing otherwise, the day on which a village holds its regular or a special election is governed by the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, or by a resolution adopted in compliance with section 642 of the Michigan election law, 1954 PA 116, MCL 168.642.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2714 ;--CL 1915, 2584 ;--CL 1929, 1494 ;--CL 1948, 63.1 ;--Am. 1973, Act 148, Imd. Eff. Nov. 21, 1973 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

***** 63.2 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 63.2.amended *****

Sec. 2.

Special elections may be called by resolution of the council. The resolution shall state the purpose and object of and, subject to the election laws of this state, the date of the election.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2715 ;--CL 1915, 2585 ;--CL 1929, 1495 ;--CL 1948, 63.2 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 63.2.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 2.

Special elections may be called by resolution of the council. The resolution shall state the purpose and object of and, subject to section 1 of this chapter, the date of the election.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2715 ;--CL 1915, 2585 ;--CL 1929, 1495 ;--CL 1948, 63.2 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

***** 63.3 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 63.3.amended *****

Sec. 3.

(1) Except as provided in this section, village elections shall be partisan. The council by a vote of 2/3 of the members of council may provide by ordinance that village elections shall be nonpartisan. The ordinance shall apply beginning with the first village election for which the nomination deadline is not less than 30 days after the effective date of the ordinance.

(2) The council shall provide that an ordinance adopted under subsection (1) takes effect 45 days after the date of adoption unless a petition signed by not less than 10% of the registered electors of the village is filed with the village clerk within the 45-day period, in which case the ordinance takes effect upon approval at an election held on the question. Notice of the delayed effect of the ordinance and the right of petition under this subsection shall be published separately at the same time, and in the same manner, as the ordinance is published pursuant to section 4 of chapter VI. The village clerk shall verify the signatures on the petitions. If a petition bearing the required number of valid signatures of electors is filed, the question of adoption of the ordinance shall be submitted at the next general or special election. The ballot language for the question shall be prepared by the village clerk.

(3) A village that has adopted an ordinance providing for nonpartisan elections may revert to partisan elections by the same process as provided in subsections (1) and (2).

History: Add. 1998, Act 255, Imd. Eff. July 13, 1998 .

Compiler's Note: Former § 63.3, which pertained to election inspectors, was repealed by Act 4 of 1974, Imd. Eff. Jan. 4, 1974.

***** 63.3.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 3.

Notwithstanding a charter provision or ordinance to the contrary, village elections shall be nonpartisan.

History: Add. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

Compiler's Note: Former § 63.3, which pertained to election inspectors, was repealed by Act 4 of 1974, Imd. Eff. Jan. 4, 1974.

Sec. 4.

An individual who is a registered elector of the township in which the village is located and who is a resident of the village may vote at any election in the village.

History: Add. 1998, Act 255, Imd. Eff. July 13, 1998 .

Compiler's Note: Former § 63.4, which pertained to election notices, was repealed by Act 4 of 1974, Imd. Eff. Jan. 4, 1974.

Compiler's Note: The repealed sections pertained to board of elections commissioners, and opening and closing of polls.

***** 63.7 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 63.7.amended *****

Sec. 7.

All elections in the village shall be conducted as nearly as may be in the manner provided by law for holding general elections in the state, except as provided in this act. If at any election vacancies are to be filled, or if any person is to be elected for less than a full term of office, the term shall be designated on the ballot.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2720 ;--CL 1915, 2590 ;--CL 1929, 1500 ;--CL 1948, 63.7 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 63.7.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 7.

(1) All elections in the village shall be conducted as nearly as may be in the manner provided by the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, for holding general elections in the state, except as provided in this act.

(2) If at any election vacancies are to be filled, or if any person is to be elected for less than a full term of office, the term shall be designated on the ballot.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2720 ;--CL 1915, 2590 ;--CL 1929, 1500 ;--CL 1948, 63.7 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

Compiler's Note: The repealed sections pertained to canvass of votes, determination of election results and ties, notice to elected persons, and failure to file oath or bond.

Compiler's Note: The repealed section pertained to division of villages into precincts.

Sec. 14.

A petition under section 13 of chapter II, section 8 of chapter V, or section 18a of chapter XIV, 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 145, Eff. Mar. 23, 1999 .

Sec. 1.

The president is the chief executive officer of the village. He or she shall preside at the meetings of the council. The president is a voting member of the council. The president shall give the council information concerning the affairs of the village, and recommend measures which he or she considers expedient. Unless otherwise provided in an ordinance adopted under section 8 of chapter V, the president shall exercise supervision over the affairs of the village and over the public property belonging to the village. The president shall see that the laws relating to the village and the ordinances and regulations of the council are enforced.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2727 ;--CL 1915, 2597 ;--CL 1929, 1507 ;--CL 1948, 64.1 ;--Am. 1983, Act 205, Imd. Eff. Nov. 10, 1983 ;--Am. 1985, Act 173, Imd. Eff. Dec. 2, 1985 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 2.

The president is a conservator of the peace and may exercise within the village the power to suppress disorder. The president may command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the council in cases of emergency or disaster, subject to the applicable limitations of state law.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2728 ;--CL 1915, 2598 ;--CL 1929, 1508 ;--CL 1948, 64.2 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 3.

The president may suspend any officer authorized by this act or appointed pursuant to this act for neglect of duty, and with the approval of the council remove any officer appointed by the council when the president considers it in the public interest. The president may at any time examine and inspect the books, records, and papers of any agent, employee, or officer of the village, and shall perform generally all duties prescribed by the ordinances of the village. This section is subject to an ordinance adopted under section 8 of chapter V.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2729 ;--CL 1915, 2599 ;--CL 1929, 1509 ;--CL 1948, 64.3 ;--Am. 1985, Act 173, Imd. Eff. Dec. 2, 1985 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 4.

In the absence or disability of the president, the president pro tempore of the council shall perform the duties of the president.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2730 ;--CL 1915, 2600 ;--CL 1929, 1510 ;--CL 1948, 64.4 .

Sec. 5.

(1) The clerk shall keep the corporate seal and all the documents, official bonds, papers, files, and records of the village, not by this act or the ordinances of the village entrusted to some other officer. The clerk is the clerk of the council and shall attend its meetings.

(2) In case of the absence of the clerk, or if from any cause the clerk is unable to discharge, or is disqualified from performing, his or her duties, the council may appoint a council member, or some other person, to perform the duties of the clerk for the time being.

(3) The clerk shall record all the proceedings and resolutions of the council, and shall record, or cause to be recorded, all the ordinances of the village.

(4) The clerk shall countersign and register all licenses granted.

(5) When required, the clerk shall make reproductions pursuant to the records media act, 1992 PA 116, MCL 24.401 to 24.403, of the papers and records filed and kept in his or her office and shall certify the reproductions under the seal of the village. The admissibility in evidence of such reproductions is governed by section 3 of 1964 PA 105, MCL 691.1103.

(6) The clerk may administer oaths and affirmations.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2731 ;--CL 1915, 2601 ;--CL 1929, 1511 ;--CL 1948, 64.5 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 6.

(1) The clerk shall be the general accountant of the village.

(2) Claims against the village shall be filed with the clerk for adjustment. After examination, the clerk shall report the claims, with the accompanying vouchers and counterclaims of the village, and the true balance, to the council for allowance. After the claims are allowed by the council, the clerk shall present check disbursement authorizations to the treasurer for payment of the claims, designating the fund from which payment is to be made, and take proper receipts.

(3) The clerk shall not present check disbursement authorizations upon a fund after the fund is exhausted. When a tax or money is levied, raised, or appropriated, the clerk shall report the amount to the village treasurer, stating the objects and funds for which it is levied, raised, or appropriated, and the amounts to be credited to each fund.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2732 ;--CL 1915, 2602 ;--CL 1929, 1512 ;--CL 1948, 64.6 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 7.

Unless otherwise provided by ordinance, the clerk shall do all of the following:

(a) Have charge of all the books, vouchers, and documents relating to the accounts, contracts, debts, and revenues of the corporation.

(b) Countersign and register all bonds issued, and keep a list of all property belonging to the village, and of all its debts and liabilities.

(c) Keep a complete set of books, exhibiting the financial condition of the village in all its departments, funds, resources, and liabilities, with a proper classification, and showing the purpose for which each fund was raised.

(d) Keep an account of all the money received for each of the several funds of the village, and credit all check disbursements drawn, keeping an account with each fund.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2733 ;--CL 1915, 2603 ;--CL 1929, 1513 ;--CL 1948, 64.7 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 8.

The clerk shall report to the council, whenever required, a detailed statement of the receipts, expenditures, and financial condition of the village, of the debts to be paid, and moneys necessary to meet the estimated expenses of the corporation, and shall perform such other duties pertaining to his office as the council may require.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2734 ;--CL 1915, 2604 ;--CL 1929, 1514 ;--CL 1948, 64.8 .

Sec. 8a.

The functions of the village clerk are subject to an ordinance adopted under section 8 of chapter V.

History: Add. 1985, Act 173, Imd. Eff. Dec. 2, 1985 .

Sec. 9.

The treasurer shall do all of the following:

(a) Have the custody of all money, bonds other than official bonds filed with the clerk under chapter II, mortgages, notes, leases, and evidences of value belonging to the village.

(b) Receive all money belonging to, and receivable by the corporation.

(c) Keep an account of all receipts and expenditures.

(d) Collect and keep an account of all taxes and money appropriated, raised, or received for each fund of the village, and keep a separate account of each fund.

(e) Pay check disbursement authorizations out of the particular fund raised for the purpose for which the disbursement was authorized.

(f) Perform duties prescribed by this act relating to assessing property and levying taxes.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2735 ;--CL 1915, 2605 ;--CL 1929, 1515 ;--Am. 1935, Act 199, Eff. Sept. 21, 1935 ;--CL 1948, 64.9 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 10.

The treasurer shall report to the clerk on the first Monday of every month, if required, the amounts received and credited to each fund, on what account received, the amounts paid out from each fund during the preceding month, and the amount of money remaining in each fund on the day of the report. The treasurer shall also exhibit to the council annually within 45 days after the end of the fiscal year, and as often and for such period as the council shall require, a full and detailed account of the receipts and disbursements of the treasury since the date of the treasurer's last annual report, classifying them by the funds to which the receipts are credited and out of which the disbursements are made, and the balance remaining in each fund.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2736 ;--CL 1915, 2606 ;--CL 1929, 1516 ;--CL 1948, 64.10 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 11.

The treasurer shall take vouchers for all money paid from the treasury, showing the amount and fund from which payment was made. Upon settlement of the vouchers with the proper officers of the village, the treasurer shall file the vouchers with the clerk.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2737 ;--CL 1915, 2607 ;--CL 1929, 1517 ;--CL 1948, 64.11 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 12.

The treasurer shall keep all village money in depository accounts authorized by law. The treasurer shall not use, either directly or indirectly, the village money, warrants, or evidences of debt for his or her own use or benefit, or that of any other person. On proof of the violation, the village council shall declare the office vacant and appoint a successor for the remainder of the term.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2738 ;--CL 1915, 2608 ;--CL 1929, 1518 ;--CL 1948, 64.12 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 12a.

The functions of the village treasurer are subject to an ordinance adopted under section 8 of chapter V.

History: Add. 1985, Act 173, Imd. Eff. Dec. 2, 1985 .

Compiler's Note: The repealed sections pertained to powers and duties of marshal.

Compiler's Note: The repealed section pertained to power and duties of surveyor.

Compiler's Note: The repealed sections pertained to powers and duties of street commissioner.

Compiler's Note: The repealed section pertained to powers and duties of assessor.

Sec. 21.

The president and each trustee shall receive compensation for the performance of the duties of the office of president or trustee only as provided by ordinance. The ordinance shall specify how the compensation is determined due and paid. Except as otherwise provided by law, these officers shall receive no other compensation for services performed for and on behalf of the village during their term of office. Except as otherwise provided in this act or by other law regulating fees for services, other officers shall receive such compensation as may be prescribed by the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2747 ;--CL 1915, 2618 ;--Am. 1917, Act 51, Eff. Aug. 10, 1917 ;--CL 1929, 1527 ;--CL 1948, 64.21 ;--Am. 1954, Act 160, Eff. Aug. 13, 1954 ;--Am. 1992, Act 42, Imd. Eff. May 12, 1992 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 1.

The legislative authority of villages shall be vested in the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2748 ;--CL 1915, 2619 ;--CL 1929, 1528 ;--CL 1948, 65.1 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 2.

The president shall be president of the council, and preside at the meetings of the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2749 ;--CL 1915, 2620 ;--CL 1929, 1529 ;--CL 1948, 65.2 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 65.3 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2005: See 65.3.amended *****

Sec. 3.

On the second Monday in April in each year, or as soon thereafter as possible, the council shall appoint 1 of their number president pro tempore of the council, who in the absence of the president shall preside at the council meetings, and exercise the powers and duties of president. In the absence of the president and president pro tempore, the member with the longest current period of continuous service on the council shall preside unless otherwise provided by council rules.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2750 ;--CL 1915, 2621 ;--CL 1929, 1530 ;--CL 1948, 65.3 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

***** 65.3.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2005 *****

Sec. 3.

(1) On 1 of the following dates each year, or as soon after that date as possible, the council shall appoint 1 of their number president pro tempore of the council:

(a) If the village's regular election is held at the general election, each November 20.

(b) If the village's regular election is held at the September primary election, each October 1.

(2) In the absence of the president, the president pro tempore presides at the council meetings, and exercises the powers and duties of president. In the absence of the president and president pro tempore, the member with the longest current period of continuous service on the council presides unless otherwise provided by council rules.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2750 ;--CL 1915, 2621 ;--CL 1929, 1530 ;--CL 1948, 65.3 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 2003, Act 305, Eff. Jan. 1, 2005 .

Sec. 4.

The council shall hold regular meetings for the transaction of business, at times as it shall prescribe, at least 1 shall be held in each month. The business which the village council may perform shall be conducted at a public meeting held in compliance with Act. No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act. No. 267 of the Public Acts of 1976. The president or 3 members of the council may appoint special meetings.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2751 ;--CL 1915, 2622 ;--CL 1929, 1531 ;--CL 1948, 65.4 ;--Am. 1977, Act 197, Imd. Eff. Nov. 17, 1977 .

Sec. 5.

(1) The council shall prescribe the rules of its own proceedings, and shall keep a record of those proceedings. A majority of the members of council shall be a quorum for the transaction of business. A lesser number may adjourn and compel the attendance of absent members in a manner as prescribed by ordinance.

(2) An office shall not be created or abolished; a street, alley, or public ground vacated; real estate or an interest in real estate purchased, leased, sold, or disposed of; or a public improvement ordered, except by a majority vote of the members of council. The vote shall be taken by yeas and nays, and entered in the journal. However, a tax shall not be increased or a special assessment imposed except by an affirmative vote of 2/3 of the members of council.

(3) Money shall not be appropriated except by ordinance or resolution of the council. An ordinance appropriating money shall not be passed, or a resolution appropriating money shall not be adopted, except by a majority vote of the members of council. The vote shall be taken by yeas and nays, and entered in the journal. Within 15 days after a meeting of the council, a synopsis or the entirety of the proceedings, including the vote of the members, prepared by the clerk and approved by the president showing the substance of each separate decision of the council shall be published in a newspaper of general circulation in the village or posted in 3 public places in the village.

(4) A writing prepared, owned, used, in the possession of, or retained by the council or by the clerk, treasurer, or other officer of the village in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2752 ;--CL 1915, 2623 ;--Am. 1925, Act 43, Eff. Aug. 27, 1925 ;--CL 1929, 1532 ;--CL 1948, 65.5 ;--Am. 1977, Act 197, Imd. Eff. Nov. 17, 1977 ;--Am. 1983, Act 205, Imd. Eff. Nov. 10, 1983 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Compiler's Note: The repealed section pertained to village council members' conflict of interest and forfeiture of office.

Sec. 7.

(1) The council shall audit and allow all accounts chargeable against the village. An account or claim or contract shall not be received for audit or allowance unless it is accompanied with a certificate of an officer of the village, or an affidavit of the person rendering it, that the services therein charged have been actually performed or the property delivered for the village, that the sums charged therefor are reasonable and just, and that to the best of his or her knowledge and belief, no set-off exists, and no payment has been made on account thereof, except such set-offs or payments as are endorsed or referred to in the account or claim. Each account shall exhibit in detail all the items making up the amount claimed, and the date of each. The council may adopt a different procedure for the audit and allowance of accounts, claims, and contracts than that provided by this subsection.

(2) It shall be a sufficient defense in any court, to an action or proceeding for the collection of any claim against the village for personal injuries or otherwise that it has never been presented, certified to, or verified to the council for allowance as provided in this section or as may be required under different procedures adopted by the council; or, if the claim is founded on contract, that the claim was presented without the certificate or affidavit required by this section and was rejected for that reason; or, that the action or proceeding was brought before the council had a reasonable time to investigate and pass upon it.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2754 ;--CL 1915, 2625 ;--CL 1929, 1534 ;--CL 1948, 65.7 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 8.

(1) The council may employ a village manager.

(2) The manager shall serve at the pleasure of the council.

(3) The council may enter into an employment contract with a village manager for a period extending beyond the terms of the members of council but not exceeding 6 years. An employment contract with a manager shall be in writing and shall specify the compensation to be paid to the manager, any procedure for changing compensation, any fringe benefits, and any other conditions of employment. The contract shall state that the manager serves at the pleasure of the council. The contract may provide for severance pay or other benefits in the event the employment of the manager is terminated at the pleasure of the council. Unless otherwise provided by ordinance adopted under subsection (4), the council may assign to the manager only those powers and duties not required by law to be assigned to or performed by another official of the village.

(4) The council may adopt an ordinance assigning to the manager an administrative duty imposed by this act on the council; an administrative duty imposed by this act on the village president; the authority to appoint, remove, direct, or supervise any employee or appointed official of the village; or supervisory responsibility over the accounting, budgeting, personnel, purchasing, and related management functions imposed by this act on the village clerk and the village treasurer. The council shall provide in the ordinance that the assignment becomes effective 45 days after the date of adoption and that if a petition signed by not less than 10% of the registered electors of the village is filed with the village clerk within the 45-day period, the ordinance shall not become effective until after the ordinance is approved at an election held on the question. Notice of the delayed effect of the ordinance and the right of petition under this subsection shall be published separately at the same time, and in the same manner, as the ordinance is published pursuant to section 4 of chapter VI. The village clerk shall compare the signatures on the petitions to the signatures of those electors as they appear on the appropriate registration cards. If a petition bearing the required number of valid signatures of electors is filed, the clerk shall perform the acts required for the submission of the question of adoption of the ordinance at the next general or special election. An ordinance adopted before December 2, 1985 that conforms substantially with the requirements of this subsection is valid to the same extent as if the ordinance had been adopted on or after December 2, 1985.

History: Add. 1974, Act 201, Imd. Eff. July 9, 1974 ;--Am. 1985, Act 173, Imd. Eff. Dec. 2, 1985 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 1.

The style of an ordinance shall be: “The village of ........................ ordains.” An ordinance, except as otherwise provided in this act, requires for its passage the concurrence of a majority vote of the members of council. An ordinance shall state its effective date, which may be upon publication, except that an ordinance imposing a sanction shall not take effect before the twentieth day after its passage or before the date of its publication, whichever occurs first.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2755 ;--CL 1915, 2626 ;--CL 1929, 1535 ;--CL 1948, 66.1 ;--Am. 1994, Act 16, Eff. May 1, 1994 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 2.

(1) Except as otherwise provided in this act, the council of a village authorized to pass an ordinance may prescribe a sanction for a violation of the ordinance. If a sanction is prescribed, it shall be prescribed in the ordinance.

(2) Consistent with any of the following statutes, the village council 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 257.954.

(3) The village council 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 or section 17766a of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545 and 333.17766a.

(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 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) An ordinance not described in subsection (2) or (3) may provide that a violation of the ordinance is punishable by imprisonment for not more than 90 days or by a fine of not more than $500.00, 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.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2756 ;--CL 1915, 2627 ;--CL 1929, 1536 ;--CL 1948, 66.2 ;--Am. 1979, Act 36, Imd. Eff. June 20, 1979 ;--Am. 1994, Act 16, Eff. May 1, 1994 ;--Am. 1996, Act 41, Imd. Eff. Feb. 26, 1996 ;--Am. 1999, Act 57, Eff. Oct. 1, 1999 .

Sec. 2a.

(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 2 of chapter VI prohibits an ordinance from designating as a municipal civil infraction.

History: Add. 1994, Act 87, Eff. Oct. 1, 1994 .

Sec. 3.

Upon enactment, each ordinance shall be recorded by the clerk of the council in a book to be called “the record of ordinances,” and the president and clerk shall authenticate each ordinance by placing his or her official signature upon the ordinance.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2757 ;--CL 1915, 2628 ;--CL 1929, 1537 ;--CL 1948, 66.3 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 3a.

A village may codify, recodify, and continue in code the village's ordinances, in whole or in part, without the necessity of publishing the entire code in full. The ordinance adopting the code and ordinances repealing, amending, continuing, or adding to the code shall be published as required by section 4 of this chapter. The publication shall state where a copy of the entire code can be reviewed and obtained. The ordinance adopting the code may amend, repeal, revise, or rearrange ordinances or parts of ordinances by references to the title only.

History: Add. 1979, Act 18, Imd. Eff. May 24, 1979 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 4.

(1) Within 15 days after an ordinance is passed, the clerk shall publish the ordinance or a synopsis of the ordinance in a newspaper circulated in the village. Immediately after the ordinance or synopsis of the ordinance is published, the clerk shall enter in the record of ordinances, in a blank space to be left for that purpose under the record of the ordinance, a signed certificate, stating the date on which and the name of the newspaper in which the ordinance was published. The certificate is prima facie evidence of the publication of the ordinance or the synopsis.

(2) A village may adopt a provision of any state statute for which the maximum period of imprisonment is 93 days, the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a plumbing code, electrical code, mechanical code, fire protection code, building code, or other code promulgated by this state, by a department, board, or other agency of this state, or by an organization or association that is organized or conducted for the purpose of developing a code, by reference to the law or code in an adopting ordinance and without publishing the law or code in full. The law or code shall be clearly identified in the ordinance and a statement of the purpose of the law or code shall be published with the adopting ordinance. Printed copies of the law or code shall be kept in the office of the village clerk available for inspection by or distribution to the public during normal business hours. The village may charge a fee that does not exceed the actual cost for copies of the law or code distributed to the public. The publication in the newspaper shall contain a notice to the effect that a complete copy of the law or code is available for public use and inspection at the office of the village clerk. A village shall not enforce any provision adopted by reference for which the maximum period of imprisonment is greater than 93 days.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2758 ;--CL 1915, 2629 ;--CL 1929, 1538 ;--CL 1948, 66.4 ;--Am. 1951, Act 240, Eff. Sept. 28, 1951 ;--Am. 1976, Act 82, Imd. Eff. Apr. 17, 1976 ;--Am. 1977, Act 197, Imd. Eff. Nov. 17, 1977 ;--Am. 1982, Act 346, Eff. Mar. 30, 1983 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 ;--Am. 1999, Act 255, Imd. Eff. Dec. 28, 1999 ;--Am. 1999, Act 259, Eff. Dec. 29, 1999 .

Compiler's Note: The repealed section pertained to laws, regulations, or ordinances as proof in court.

Sec. 6.

(1) an action for violation of an ordinance shall be commenced not more than 2 years after the violation occurs.

(2) An action for the violation of an ordinance shall be brought in the district court or municipal court in the judicial district in which the village is located unless the person alleged to have violated the ordinance admits responsibility at a parking violations bureau or a municipal ordinance violations bureau as permitted by law. That court may hear, try, and determine causes and actions arising under an ordinance of the village, and impose sanctions for a violation of an ordinance as provided in the ordinance.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2760 ;--CL 1915, 2631 ;--CL 1929, 1540 ;--CL 1948, 66.6 ;--Am. 1978, Act 189, Imd. Eff. June 4, 1978 ;--Am. 1994, Act 16, Eff. May 1, 1994 .

Sec. 7.

If a penalty is incurred for the violation of an ordinance, and a provision is not made for the imprisonment of the offender upon conviction of the violation, the penalty may be recovered in a civil action. If a corporation incurs a penalty for the violation of an ordinance, the corporation shall be sued in a civil action. Except in the case of a civil infraction action or an action against a corporation, an action for a violation of an ordinance of the village may be commenced by warrant for the arrest of the offender. The warrant shall be in the name of the people of this state, shall set forth the substance of the offense complained of, and shall be substantially in the form, and be issued upon complaint made, as provided by law in misdemeanor cases. The proceedings relating to the arrest and custody of the accused during the pendency of the action, the pleadings, and the proceedings upon the trial of the cause, in procuring the attendance and testimony of witnesses, and in the rendition of judgments and the execution of judgments, except as otherwise provided by this act, are governed by and shall conform as nearly as may be to the provisions of law regulating proceedings in misdemeanor cases.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2761 ;--CL 1915, 2632 ;--CL 1929, 1541 ;--CL 1948, 66.7 ;--Am. 1978, Act 189, Imd. Eff. June 4, 1978 ;--Am. 1994, Act 16, Eff. May 1, 1994 .

Sec. 8.

Every village shall be allowed the use of the jail of the county in which it is located, for the confinement of all persons sentenced to imprisonment under the ordinances of the village, or under any of the provisions of this act; and the sheriff, or other keeper of the jail, or other place of confinement or imprisonment, shall receive and safely keep any person committed until lawfully discharged. The expense of receiving and keeping a prisoner shall be borne by the county if the imprisonment is for a violation of a penal law of this state and by the village if the imprisonment is for a violation of a village ordinance.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2762 ;--CL 1915, 2633 ;--CL 1929, 1542 ;--CL 1948, 66.8 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 9.

(1) An action for the violation of an ordinance need not state or set forth the ordinance, or the provisions of the ordinance in a complaint, warrant, process, or pleading, but shall recite the ordinance's title or subject and the ordinance's section number.

(2) It is a sufficient statement of the cause of action in a complaint or warrant to set forth substantially, and with reasonable certainty, as to time and place, the act complained of, and to allege the act to be in violation of an ordinance of the village, referring to the ordinance by its title and the section number and effective date. Either party may require a trial by jury in an action for violation of the ordinance.

(3) The jury, except when other provision is made, shall consist of 6 persons. In actions commenced by warrant, the jury shall be selected and summoned as in misdemeanor cases before the court in which the prosecution for the village ordinance violation is brought. In a civil action to recover penalties for a village ordinance violation, the jury shall be selected and summoned as in any other civil action before the court in which the action is brought. An inhabitant of the village is not incompetent to serve as a juror in a cause in which the village is a party or interested, on account merely of the interest that the inhabitant may have, in common with the inhabitants of the village, in the results of the action.

(4) This section does not apply to an ordinance violation that constitutes a civil infraction.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2763 ;--CL 1915, 2634 ;--CL 1929, 1543 ;--CL 1948, 66.9 ;--Am. 1978, Act 189, Imd. Eff. June 4, 1978 ;--Am. 1994, Act 16, Eff. May 1, 1994 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 10.

A person convicted of a violation of an ordinance of the village in an action commenced by warrant as set forth in section 7 may appeal the judgment to the circuit court for the county in which the village is located, by appeal, and the time for the appeal, the proceedings for the appeal, the bond or security to be given on the appeal, and the proceedings and disposition of the cause in the circuit court shall be the same as in misdemeanor cases on appeal from the court that tried the village ordinance violation. In actions to which the village is a party, brought to recover a fine for a violation of a village ordinance, either party may appeal from the judgment to the circuit court, and similar proceedings shall be had on that appeal and similar bond or security shall be given as in cases of appeal in civil actions before the court that tried the village ordinance violation, except that the village shall not be required to give a bond or security on that appeal.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2764 ;--CL 1915, 2635 ;--CL 1929, 1544 ;--CL 1948, 66.10 ;--Am. 1978, Act 189, Imd. Eff. June 4, 1978 ;--Am. 1994, Act 16, Eff. May 1, 1994 .

Sec. 11.

The council shall have power to provide and maintain a village lockup or holding facility, and may provide for the confinement of persons sentenced to imprisonment or detention under the ordinances of the village. All persons sentenced to confinement and all persons imprisoned on execution for nonpayment of fines for violation of the ordinances of the village in the lockup or holding facility may be kept at hard labor during the term of their imprisonment, either within or without the prison, under such regulations as the council may prescribe.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2765 ;--CL 1915, 2636 ;--CL 1929, 1545 ;--CL 1948, 66.11 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 12.

In prosecutions for violations of the ordinances of the village, commenced by a person other than an officer of the village, the court may require the complaining witness to file security for the payment of the costs of the proceedings, in case the defendant is determined not to be responsible. But the judge or magistrate before whom the complaint is made or trial is had shall order that the complaining witness is not liable for the payment of costs if the magistrate or judge determines that there was probable cause for the making of the complaint.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2766 ;--CL 1915, 2637 ;--CL 1929, 1546 ;--CL 1948, 66.12 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 13.

Except in cases in which a fine is paid to a parking violations bureau or a municipal ordinance violations bureau pursuant to section 8395 or 8396 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.8395 and 600.8396 of the Michigan Compiled Laws, a fine imposed for a violation of an ordinance of the village shall be received by the clerk of the court in which judgment or conviction was had. If the fine is collected upon execution, the person receiving the fine shall immediately pay the money collected to that clerk. If the defendant is committed, the fine and costs imposed shall be paid to the sheriff or other keeper of the jail or prison, who shall, within 30 days after receiving payment, pay the money to that clerk for distribution pursuant to law.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2767 ;--CL 1915, 2638 ;--CL 1929, 1547 ;--CL 1948, 66.13 ;--Am. 1994, Act 16, Eff. May 1, 1994 .

Sec. 14.

If a person who collects a fine or part of a fine fails to pay over the amount collected pursuant to section 13, the village attorney may sue the person in the name of the village to recover the fine. If the failure to pay over the fine is willful, the person is guilty of larceny and shall be punished accordingly.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2768 ;--CL 1915, 2639 ;--CL 1929, 1548 ;--CL 1948, 66.14 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 1.

A village subject to this act has, in addition to other powers that are conferred, the general power and authority granted in this chapter. The council of a village subject to this act may enact ordinances relating to the powers described in this section as it considers proper, including, but not limited to, ordinances relating to 1 or more of the following:

(a) To restrain and prevent vice and immorality.

(b) To punish vagrants, disorderly persons, and prostitutes.

(c) To abate nuisances and preserve the public health.

(d) To prohibit and suppress disorderly houses and gaming houses.

(e) To regulate, license, or suppress billiard tables and ball alleys, public dance halls, and soft drink emporiums.

(f) To suppress gaming.

(g) To regulate and license public shows and exhibitions.

(h) To license auctioneers, license and regulate hawkers and peddlers, to regulate or prohibit sales of property at auction except sales made pursuant to an order of a court or public law, to require transient traders and dealers to obtain a license before engaging in business, and to regulate by ordinance the terms and conditions of issuing those licenses.

(i) To license and regulate hacks and other public vehicles.

(j) To provide for and regulate the inspection of provisions.

(k) To regulate or prohibit bathing in the rivers, ponds, streams, and waters of the village.

(l) To regulate or prohibit the selling, storing, or transportation of combustible or explosive substances or materials within the village, and to regulate and restrain the making of fires in the streets or other open spaces in the village.

(m) To provide for the organization and regulation of a fire department, to provide for the prevention and extinguishment of fires, and to establish and maintain definite fire limits.

(n) To license and regulate solicitors for passengers or baggage for any hotel, tavern, public house, boat, or railroad, and draymen, carmen, truckmen, porters, runners, drivers of cabs, hackney coaches, omnibuses, carriages, sleighs, express vehicles, and other vehicles used and employed for hire, and to fix and regulate the amount and rate of compensation of those individuals.

(o) To require horses, mules, or other animals attached to any vehicle or standing in any street, lane, or alley in the village to be securely fastened, hitched, watched, or held.

(p) To prevent and punish horse racing and immoderate driving in any street, park, or alley and to authorize the stopping and detaining of any person who is immoderately driving or riding in any street, park, or alley in the village.

(q) To prevent the running at large of dogs, to require dogs to be muzzled, and to authorize the destruction of dogs found at large in violation of an ordinance of the village.

(r) To establish lines and grades upon which buildings may be erected, and beyond which buildings shall not extend.

(s) To prevent the erection and provide for the removal of buildings considered unsafe.

(t) To regulate the placement and provide for the preservation of horse posts or hitching posts.

(u) To declare and define the powers and duties of the officers of the village whose powers and duties are not specifically prescribed in this act.

(v) To require the treasurer or marshal of the village, and other officers of the village as the council considers proper to give bonds for the discharge of their official duties.

(w) To see that the officers of the village perform their duties faithfully and that proper measures are taken to punish neglect of duty by any officer of the village.

(x) To provide for the care, custody, and preservation of the public property of the village.

(y) To investigate any matter that may come under the jurisdiction of the village and that is pursuant to the authority vested in the council or in any officer under this act. The council by majority consent of the council members serving may serve upon a person a subpoena that has been authorized by a court of proper jurisdiction in the county in which the village is located compelling the person to appear before the council or any committee of the council to be examined under oath or to produce a document or object for inspection or copying. If a person objects to or otherwise fails to comply with the written notice served upon him or her, the council may file in that court an action to enforce the subpoena. The court may issue an order requiring the person to appear to be examined or to produce a document or object for inspection or copying. Failure to obey the order of the court is punishable by the court as a contempt.

(z) To adopt other ordinances and make other regulations for the safety and good government of the village and the general welfare of its inhabitants that are not inconsistent with the general laws of this state.

(aa) To regulate or prohibit public nudity within village 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 defined in section 2 of Act No. 343 of the Public Acts of 1984, being section 752.362 of the Michigan Compiled Laws.

(iii) Sexually explicit visual material as defined in section 3 of Act No. 33 of the Public Acts of 1978, being section 722.673 of the Michigan Compiled Laws.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2769 ;--Am. 1915, Act 57, Eff. Aug. 24, 1915 ;--CL 1915, 2640 ;--Am. 1921, Act 21, Eff. Aug. 18, 1921 ;--CL 1929, 1549 ;--CL 1948, 67.1 ;--Am. 1988, Act 118, Imd. Eff. May 2, 1988 ;--Am. 1991, Act 176, Eff. Mar. 30, 1992 ;--Am. 1994, Act 16, Eff. May 1, 1994 ;--Am. 1994, Act 314, Imd. Eff. July 21, 1994 .

Sec. 1a.

Notwithstanding any other provision of this act, on and after the effective date of a passenger railroad maximum speed limit specified in a final order of the director of the state transportation department, an ordinance of a village prescribing the maximum speed limit of locomotives used in passenger train operations or of passenger railroad trains shall not be enforceable as to a speed limit other than the limit set forth in the order.

History: Add. 1984, Act 13, Imd. Eff. Feb. 16, 1984 .

Sec. 1a.

(1) Unless otherwise provided or limited in this chapter, the village is vested with all powers and immunities, expressed or implied, that villages are, or hereafter may be, permitted to exercise under the constitution and laws of the state of Michigan. The enumeration of particular powers or immunities in this act is not exclusive.

(2) The village may do all of the following:

(a) Exercise all municipal powers in the management and control of municipal property and in the administration of the municipal government whether such powers are expressly enumerated or not.

(b) Do any act to advance the interests, good government, and prosperity of the village.

(c) Through its regularly constituted authority, pass and enforce all laws, ordinances, resolutions, and rules relating to its municipal concerns subject to the constitution and laws of the state.

(3) The powers of the village under this act shall be liberally construed in favor of the village and shall include those fairly implied and not prohibited by law or constitution.

(4) The specific powers listed in section 1 of this chapter shall not be construed as limiting the general powers set forth in subsections (1), (2), and (3).

History: Add. 1998, Act 255, Imd. Eff. July 13, 1998 .

Compiler's Note: Section 1a, as added by Act 255 of 1998, was compiled as MCL 67.1a[1] to distinguish it from another section 1a, deriving from Act 13 of 1984 and pertaining to enforceability of ordinance prescribing maximum speed limit of locomotives.

Sec. 2.

(1) The council may prescribe the terms and conditions upon which a license shall be granted and may require payment of a reasonable and proper sum for a license. The person receiving the license shall, if required by the council or an ordinance of the village, before the issuing of the license, execute a bond to the village in a sum prescribed by the council, with 1 or more sufficient sureties, conditioned for a faithful performance of the laws relating to the village and the ordinances of the council, and otherwise conditioned as the council may prescribe. A license is revocable by the council. If a license is revoked for noncompliance with the terms and conditions upon which it was granted, or on account of a violation of an ordinance or regulation passed or authorized by the council, the person holding the license shall, in addition to any other sanctions imposed, forfeit payments made for the license. The council may provide sanctions for a person who, without license, does something for which a license is required by an ordinance of the council.

(2) The council of a village may provide for the support and relief of poor persons residing in the village and, for that purpose, may provide, by ordinance or resolution, for the appointment of a director of the poor for the village and may prescribe the director's duties and vest him or her with authority proper for the exercise of those duties.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2770 ;--CL 1915, 2641 ;--CL 1929, 1550 ;--CL 1948, 67.2 ;--Am. 1994, Act 16, Eff. May 1, 1994 .

Sec. 3.

The council may maintain an animal pound and provide for all of the following:

(a) The impoundment of animals at large contrary to the terms of an ordinance.

(b) The destruction of animals not retrieved or for their sale to recover expenses.

(c) The payment by the owner of fees, charges, and penalties incurred for retrieval of the animal.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2771 ;--CL 1915, 2642 ;--CL 1929, 1551 ;--CL 1948, 67.3 ;--Am. 1994, Act 16, Eff. May 1, 1994 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 4.

A village may acquire, purchase, and erect public buildings required for the use of the village, and may purchase, appropriate, and own real estate necessary for public grounds, parks, markets, public buildings, and other purposes necessary or convenient for the public good, and for the exercise of the powers conferred in this act. Such buildings and grounds, or any part thereof, may be sold at a public or private sale, if authorized by an ordinance, or may be leased. A public park shall not be sold without the consent of a majority of the electors of the village voting on the question at an election.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2772 ;--CL 1915, 2643 ;--CL 1929, 1552 ;--CL 1948, 67.4 ;--Am. 1974, Act 67, Imd. Eff. Apr. 1, 1974 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 5.

If the council considers it in the public interest, grounds and buildings for a village lockup or holding facility or hospital may be purchased, erected, and maintained beyond the corporate limits of the village. In such a case, the village may enforce beyond the corporate limits of the village, and over such lands, buildings and property, in the same manner and to the same extent as if they were within the village, ordinances and police regulations necessary for the care and protection thereof, and for the management and control of the persons kept or confined in the lockup or holding facility or hospital.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2773 ;--CL 1915, 2644 ;--CL 1929, 1553 ;--CL 1948, 67.5 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 6.

The council may lay out or establish public parks and grounds within the village, and improve, light, and ornament public parks and grounds within the village. The council may regulate the use of public parks and grounds and protect the public parks and grounds and their appurtenances from obstruction, encroachment, and injury.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2774 ;--CL 1915, 2645 ;--CL 1929, 1554 ;--CL 1948, 67.6 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 7.

The council shall have supervision and control of all public highways, bridges, streets, avenues, alleys, sidewalks, and public grounds within the village, and shall have the authority over these that is given by the general laws of the state. A village is not liable in damages sustained by any person in the village, either to his or her person or property, by reason of a defective street, sidewalk, crosswalk, or public highway, or by reason of an obstruction, ice, snow or other incumbrance upon a street, sidewalk, crosswalk, or public highway, situated in such village unless within 120 days after the injury occurs a person serves or causes to be served a notice in writing upon the clerk or deputy clerk of the village. The notice shall set forth substantially the time when and place where the injury took place, the manner in which it occurred, the known extent of the injury, and that the person receiving the injury intends to hold the village liable for damages sustained by him or her. However, the road or highway bridges within the limits of a village laid out by any authority other than the village, shall be built, controlled, and kept in repair by the county or this state, whichever has jurisdiction. All other bridges in the village shall be built, controlled, and kept in repair by the village.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2775 ;--Am. 1899, Act 223, Eff. Sept. 23, 1899 ;--CL 1915, 2646 ;--CL 1929, 1555 ;--CL 1948, 67.7 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 8.

The council shall have control of all sidewalks in the public streets and alleys of the village and may prescribe or change the grade of the sidewalks when considered necessary. The council may build, maintain, and keep in repair sidewalks and cross walks in the public streets and alleys, and charge the expense of constructing and maintaining the sidewalks upon the lots and premises adjacent to and abutting upon the walks. The council may require the owners and occupants of lots and premises to build, rebuild, and maintain sidewalks in the public streets adjacent to and abutting upon the lots and premises and to keep them in repair at all times, and to construct and lay the sidewalks upon such lines and grades, and of such width, materials, and manner of construction, and within such time as the council shall, by ordinance or resolution, prescribe, the expense thereof to be paid by the owner or occupant. The council may by a 2/3 vote of the members pay such part of the expense of building or rebuilding such walk as they may consider proper from the general street fund, or from the street district fund of any street district in which the sidewalk is located.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2776 ;--CL 1915, 2647 ;--CL 1929, 1556 ;--CL 1948, 67.8 ;--Am. 1983, Act 205, Imd. Eff. Nov. 10, 1983 .

Sec. 9.

The council may, either by ordinance or resolution, require the owners and occupants of a lot or premises to remove all snow and ice from the sidewalks in front of or adjacent to the lot and premises, and to keep the sidewalks free from obstructions, encroachments, incumbrances, filth, and other nuisances. The council may by a majority vote of members of council provide by ordinance for the rebuilding, maintaining, and keeping in repair of all sidewalks within the village, for the removing of all ice and snow from the sidewalks, and for keeping them free from incumbrances, and may pay the expense from the general street fund.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2777 ;--CL 1915, 2648 ;--CL 1929, 1557 ;--CL 1948, 67.9 ;--Am. 1983, Act 205, Imd. Eff. Nov. 10, 1983 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 10.

If the owner or occupant of a lot or premises fails to construct or maintain a sidewalk, to keep the sidewalk in repair, to remove the snow, ice, and filth from the sidewalk, or to remove and keep the sidewalk free from obstructions, encroachments, incumbrances, or other nuisances, as required under section 8 or 9 of this chapter, or to perform any other duty required by the council in respect to a sidewalk, the council may cause the work to be done at the expense of the owner or occupant, and may cause the amount of the expenses incurred, together with a penalty of 10% to be levied by them as a special assessment upon the lot or premises adjacent to and abutting upon the sidewalk. The special assessment is subject to review after proper notice has been given as in all other cases of special assessments provided for by law. When confirmed, the assessment shall be a lien upon the lot or premises the same as other special assessments, and the council shall order the treasurer of the village to spread the amount, together with the penalty, upon the roll as a special assessment upon the lot or premises. The assessment shall be collected in the same manner as other village taxes. The village may instead collect the amount, together with the penalty in a civil action, together with costs of suit.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2778 ;--CL 1915, 2649 ;--CL 1929, 1558 ;--CL 1948, 67.10 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 11.

The council shall have power to regulate and prohibit the placing of signs, awnings, awning posts and other things upon or over sidewalks, and to regulate or prohibit the construction and use of openings in the sidewalks, and of all vaults, structures and excavations under the same.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2779 ;--CL 1915, 2650 ;--CL 1929, 1559 ;--CL 1948, 67.11 .

Sec. 12.

The council may lay out, establish, open, make, widen, extend, straighten, alter, close, vacate, or abolish a highway, street, lane, alley, sidewalk, sewer, drain, water course, bridge, or culvert in the village if the council considers it to be a public improvement, or necessary for the public convenience. Private property required for these purposes may be taken in the manner provided in this act. The expense of the improvement may be paid by special assessments upon the property adjacent to or benefited by the improvement, in the manner provided by law for levying and collecting special assessments, or in the discretion of the council, a portion of such costs and expenses may be paid by special assessment, and the balance from the general highway fund.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2780 ;--CL 1915, 2651 ;--CL 1929, 1560 ;--CL 1948, 67.12 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 13.

When the council considers it advisable to vacate, discontinue, or abolish a highway, street, lane, alley, or public ground, or a part of a highway, street, lane, alley, or public ground, it shall by resolution declare its intent and appoint a time not less than 4 weeks after the date of the resolution, when it shall meet and hear objections to the resolution. Notice of the meeting, with a copy of the resolution, shall be given in the manner prescribed by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. An objection to the proposed action of the council may be filed with the clerk in writing, and if an objection is filed, the highway, street, lane, alley, or public ground, or a part of the highway, street, lane, alley, or public ground, shall not be vacated or discontinued, except by a resolution or ordinance stating, if applicable, the name of the plat or plats affected and adopted by a majority vote of the members of council or by order of the circuit court in the county in which the land is situated as provided by the land division act, 1967 PA 288, MCL 560.101 to 560.293. The clerk of the municipality within 30 days shall record a certified copy of the resolution or ordinance with the register of deeds and file a certified copy with the department of consumer and industry services.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2781 ;--CL 1915, 2652 ;--CL 1929, 1561 ;--CL 1948, 67.13 ;--Am. 1977, Act 197, Imd. Eff. Nov. 17, 1977 ;--Am. 1983, Act 205, Imd. Eff. Nov. 10, 1983 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Sec. 14.

The council may cause all public streets, alleys, and public grounds to be surveyed, and may determine and establish the boundaries thereof, and cause the surveys and descriptions thereof to be recorded in the office of the clerk in a book of street records, and they shall cause surveys and descriptions of all streets, alleys, and public grounds opened, laid out, altered, extended, or accepted and confirmed by them to be recorded in like manner, and such record shall be prima facie evidence of the existence of such streets, alleys or public grounds, as in the records described. Every resolution or ordinance discontinuing or vacating any street, alley or public ground shall also be recorded in said book of street records and the record shall be prima facie evidence of all matters therein set forth.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2782 ;--CL 1915, 2653 ;--CL 1929, 1562 ;--CL 1948, 67.14 .

Sec. 15.

The council shall have authority to determine and establish the grade of all streets, avenues, alleys and public grounds within the village, and to require improvements and buildings, adjacent to, or abutting upon such streets, alleys or grounds to be made and constructed in conformity with such grade; and the council may change or alter the grade of any street, alley or public ground, or of any part thereof whenever in their opinion the public convenience will be promoted thereby. Whenever a grade shall be established or altered a record and diagram thereof shall be made in the book of street records in the office of the clerk.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2783 ;--CL 1915, 2654 ;--CL 1929, 1563 ;--CL 1948, 67.15 .

Sec. 16.

(1) Whenever the grade of any street or sidewalk is established, and improvements are made by the owner or occupant of the adjacent property in conformity to the grade, the grade shall not be changed without compensation to the owner for all damages to the property resulting from the grade change. The damages shall be ascertained in the manner provided by the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75, or agreed upon by the village and the owner or occupant of premises. After the damages are ascertained or agreed upon, the damages shall be paid by the village, or the council may cause the damages, or such part thereof as may be just and proper, to be assessed upon real estate to be benefited by the change of grade.

(2) If the council decides to assess the damages, or any part thereof, upon the property benefited, it shall determine and define a district in the village which in its judgment is benefited by the improvement out of which the damages arise. The damages or part thereof shall be assessed upon the real estate in the district, in proportion as nearly as may be to the advantage or benefit each lot, parcel, or subdivision is deemed to acquire by the improvement out of which the damages arise. The property on account of which the damages were awarded shall not be included in the district. The assessment shall be made, and the amount levied and collected in the same manner as other assessments on a district deemed to be benefited, in the grading and improvement of streets, as provided by law; and the provisions of chapter VIII relative to special assessments shall apply. The damages determined upon by the village or determined and collected by special assessment shall be paid to the person entitled to the damages.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2784 ;--CL 1915, 2655 ;--CL 1929, 1564 ;--CL 1948, 67.16 ;--Am. 1998, Act 255, Imd. Eff. July 13, 1998 .

Compiler's Note: For provisions of chapter 13, referred to in this section, see § 73.1 et seq.

Sec. 17.

The council shall have authority to construct and maintain bridges and culverts where needed; and to grade, pave, curb, gravel, plank, and otherwise improve and repair the highways, streets, lanes, avenues and alleys of the village.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;--CL 1897, 2785 ;--CL 1915, 2656