Bill Text: MI HB6162 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Crimes; prostitution; references to prostitute and prostitution; modify in the fourth class city act. Amends sec. 1 of 1895 PA 215 (MCL 91.1). TIE BAR WITH: HB 6169'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6162 Detail]

Download: Michigan-2017-HB6162-Introduced.html

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HOUSE BILL No. 6162

 

 

June 12, 2018, Introduced by Reps. Guerra, Sabo, Cochran, Chang, Lasinski, Brinks, Geiss, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.

 

     A bill to amend 1895 PA 215, entitled

 

"The fourth class city act,"

 

by amending section 1 (MCL 91.1), as amended by 1994 PA 19.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) A city incorporated under the provisions of this

 

act has, and the council may pass ordinances relating to, the

 

following general powers:

 

     (a) To restrain and prevent vice and immorality, gambling,

 

noise and disturbance, and indecent or disorderly conduct or

 

assemblages; to prevent and quell riots; to preserve peace and good

 

order; and to protect the property of the city or of persons in the

 

city.

 

     (b) To prohibit vagrancy, truancy, begging, public

 

drunkenness, disorderly conduct, or prostitution.commercial sex.

 

     (c) To prevent injury or annoyance from anything dangerous,

 

offensive, or unhealthy; to prohibit and remove anything tending to

 

cause or promote disease; and to prevent and abate nuisances.

 

     (d) To prohibit and suppress places of disorderly conduct,

 

immorality, or vice.

 

     (e) To regulate or license the use of places of entertainment.

 

     (f) To prohibit and suppress gambling and to authorize the

 

seizure and destruction of instruments and devices used for

 

gambling.

 

     (g) To prohibit and prevent the selling or giving of alcoholic

 

liquor , as defined in section 2 of the Michigan liquor control

 

act, Act No. 8 of the Public Acts of the Extra Session of 1933,

 

being section 436.2 of the Michigan Compiled Laws.under section 2

 

of former 1933 (Ex Sess) PA 8.

 

     (h) To regulate, restrain, or prohibit sports, exhibitions,

 

caravans, and shows for which money or other reward is demanded or

 

received, except lectures on historic, literary, or scientific

 

subjects.

 

     (i) To prevent the violation of the Sabbath day, or the

 

disturbance of a religious meeting, congregation, or society or

 

other public meeting assembled for a lawful purpose; and to require

 

businesses to be closed on the Sabbath day.

 

     (j) To license, regulate, or prohibit auctioneers, auctions,

 

and sales by public bids or offers by buyers or sellers in the

 

manner of auctions; and to regulate the fees to be paid by and to

 

auctioneers. However, a license shall must not be required in case

of sales required by law to be made at auction.

 

     (k) To license, regulate, or prohibit hawking and peddling and

 

to license pawnbroking.

 

     (l) To license and regulate wharf boats and to regulate the

 

use of boats in and about the harbor, if any, and within the

 

jurisdiction of the city.

 

     (m) To establish, authorize, license, and regulate ferries to

 

and from the city or a place in the city; and to regulate and

 

prescribe the charges and prices for the transportation of persons

 

and property by ferry.

 

     (n) To regulate and license taverns, houses of public

 

entertainment, saloons, restaurants, and eating houses; and to

 

regulate and prescribe the location of saloons. This subdivision

 

does not authorize the licensing of the sale of alcoholic liquor ,

 

as defined in section 2 of Act No. 8 of the Public Acts of the

 

Extra Session of 1933.under section 2 of former 1933 (Ex Sess) PA

 

8.

 

     (o) To license and regulate vehicles used for the

 

transportation of persons or property for hire in the city; and to

 

regulate or fix their stands on the streets and public places and

 

at wharves, boat landings, railroad station grounds, and other

 

places.

 

     (p) To regulate and license toll bridges within the city and

 

to prescribe the rates and charges for passage over the bridges.

 

     (q) To provide for and regulate the inspection of food.

 

     (r) To regulate the inspection, weighing, and measuring of

 

brick, lumber, firewood, coal, hay, and any article of merchandise.

     (s) To provide for the inspection and sealing of weights and

 

measures and to enforce the keeping and use of proper weights and

 

measures by venders.

 

     (t) To regulate the construction, repair, and use of vaults,

 

cisterns, areas, hydrants, pumps, sewers, and gutters.

 

     (u) To prohibit and prevent indecent exposure of the person;

 

the show, sale, or exhibition for sale of indecent or obscene

 

pictures, drawings, engravings, paintings, books, or pamphlets; and

 

indecent or obscene exhibitions and shows.

 

     (v) To regulate or prohibit bathing in the city's bodies of

 

water.

 

     (w) To provide for the clearing of driftwood and noxious

 

matter from the city's bodies of water; and to prohibit and prevent

 

the depositing in the city's bodies of water of matter tending to

 

render the water impure, unwholesome, or offensive.

 

     (x) To compel the owner or occupant of any grocery, tallow

 

chandler shop, soap or candy factory, butcher shop or stall,

 

slaughter house, stable, barn, privy, sewer, or other offensive,

 

nauseous, or unwholesome place to cleanse, remove, or abate it when

 

the council considers it necessary for the health, comfort, or

 

convenience of the inhabitants of the city.

 

     (y) To regulate the keeping, selling, and using of dynamite,

 

gunpowder, firecrackers and fireworks, and other explosive or

 

combustible materials; to regulate the exhibition of fireworks and

 

the discharge of firearms; and to restrain the making of fires in

 

the streets and other open spaces in the city.

 

     (z) To direct and regulate the construction of cellars, slips,

barns, private drains, sinks, and privies.

 

     (aa) To prohibit, prevent, and suppress mock auctions and

 

fraudulent games, devices, and practices. Persons managing, using,

 

or practicing; attempting to manage, use, or practice; or aiding in

 

the management or practice of a mock auction or fraudulent game,

 

device, or practice may be subject to the provisions of an

 

ordinance under this subdivision.

 

     (bb) To prohibit, prevent, and suppress lotteries for the

 

drawing or disposing of money or other property. Persons

 

maintaining, directing, or managing such lotteries or aiding in the

 

maintenance, directing, or managing of such lotteries may be

 

subject to the provisions of an ordinance under this subdivision.

 

     (cc) To license and regulate solicitors for passengers or for

 

baggage to and from a hotel, tavern, public house, boat, or

 

railroad and to provide the places where they may be admitted to

 

solicit or receive patronage; and to license and regulate porters,

 

runners, and drivers of vehicles used and employed for hire, to

 

provide the places where they be admitted to solicit or receive

 

patronage, and to fix and regulate the amounts and rates of their

 

compensation.

 

     (dd) To provide for the protection and care of paupers.

 

     (ee) To provide for taking a census of the inhabitants of the

 

city, whenever the council sees fit, and to direct and regulate the

 

census.

 

     (ff) To provide for the issuing of licenses to the owners and

 

keepers of dogs and to require the owners and keepers of dogs to

 

pay for and obtain such licenses; and to regulate and prevent the

running at large of dogs, to require dogs to be muzzled, and to

 

authorize the killing of dogs running at large or not licensed in

 

violation of an ordinance of the city.

 

     (gg) To prohibit the possession or use of toy pistols,

 

slingshots, and other dangerous toys or implements within the city.

 

     (hh) To require horses, mules, or other animals attached to

 

vehicles or standing in the streets, lanes, or alleys in the city

 

to be securely fastened, hitched, watched, or held and to regulate

 

the placing and provide for the preservation of hitching posts.

 

     (ii) To provide for and regulate the numbering of buildings

 

upon the streets and alleys; to require the owners or occupants of

 

buildings to affix numbers on the buildings; and to designate and

 

change the names of public streets, alleys, and parks.

 

     (jj) To provide for, establish, regulate, and preserve public

 

fountains and reservoirs within the city, and troughs and basins

 

for watering animals.

 

     (kk) To prevent or provide for the construction and operation

 

of street railways, to regulate street railways, and to determine

 

and designate the route and grade of any street railway to be laid

 

or constructed in the city.

 

     (ll) To establish and maintain a public library, to provide a

 

suitable building for that public library, and to aid in

 

maintaining such other public libraries as may be established

 

within the city by private beneficence as the council considers to

 

be for the public good.

 

     (mm) To license transient traders. In the case of transient

 

traders who engage in the business of selling goods or merchandise

after the commencement of the fiscal year, the license fee may be

 

apportioned with relation to the part of the fiscal year that has

 

expired. If such traders continue in the same business after the

 

commencement of the next fiscal year, and their goods or

 

merchandise are assessed for taxes for the next fiscal year, the

 

traders shall must not be required to take out a second license

 

upon the commencement of the next fiscal year.

 

     (2) The council may enact ordinances and make regulations,

 

consistent with the laws and constitution of the state as they may

 

consider necessary for the safety, order, and good government of

 

the city and the general welfare of the inhabitants of the city,

 

but exclusive rights, privileges, or permits shall must not be

 

granted by the council.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6169 (request no.

 

02879'17) of the 99th Legislature is enacted into law.