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What is an Ordinance?

In Michigan, local governments (townships, cities, and villages) have the power to enact ordinances, which are local regulations that must serve a public purpose and be consistent with state law, addressing matters like public health, safety, and welfare. 

Here's a more detailed explanation of Michigan ordinance law: (Next Strategies does not provide legal advice but reference to Michigan law only)

Key Concepts:

  • Ordinances as Local Regulations:

    Ordinances are laws enacted by local governments (townships, cities, and villages) to address specific issues within their jurisdiction. 

  • Purpose of Ordinances:

    Ordinances must serve a public purpose and relate to local matters, focusing on the general health, safety, and welfare of the community. 

  • Consistency with State Law:

    Ordinance provisions must be consistent with state law and cannot conflict with or be preempted by state law. 

  • Enactment Process:

    The Home Rule Cities Act, Home Rule Village Act, and General Law Village Act outline the processes for enacting ordinances, including adoption procedures, notices, voting requirements, and publication requirements. 

  • Examples of Ordinance Topics:

    Ordinances can address a wide range of issues, including:

    • Fire protection 

    • Licensing or use of bicycles 

    • Traffic and parking 

    • Sidewalk maintenance and repairs 

    • Licensing of business establishments 

    • Licensing and regulating public amusements 

    • Regulation or prohibition of public nudity 

    • Zoning 

    • Noise 

    • Snow removal 

    • Pet restrictions 

    • Building and zoning regulations

  • Punishment for Violations:

    Ordinance violations are typically prosecuted in district court and can result in fines or imprisonment, with penalties varying depending on the specific ordinance and the nature of the violation. 

  • MCL Sections:

    Relevant Michigan Compiled Laws (MCL) sections related to ordinances include:

    • MCL 41.181: Adoption of ordinances by township board 

    • MCL 42.20: Procedures for enacting ordinances 

    • MCL 42.21: Punishment for ordinance violations 

    • MCL 125.139: Referendum on municipal ordinances 

    • MCL 28.457: Regulation of temporary structures 

    • MCL 600.3801: Nuisance 

  • Codification and Publication:

    Michigan townships can codify, recodify, and continue ordinances in a code, and the ordinance adopting the code, as well as subsequent ordinances repealing, amending, continuing, or adding to the code, shall be published as required by law. 

  • Emergency Ordinances:

    There are provisions for enacting emergency ordinances, which may be passed more quickly than regular ordinances. 

  • Review and Publication:

    A summary of an ordinance may be drafted by the same person who drafted the ordinance or by the township board or township planning commission and shall be written in clear and nontechnical language. 

  • Enforcement:

    Local law enforcement agencies are responsible for enforcing ordinances. 

© 2025 by Next Strategies, a Michigan-based Company. 

All Rights Reserved.

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