Michigan Compiled Laws Act 359 Of 1947 The Charter Township Act (42.1 - 42.34)

AN ACT to authorize the incorporation of charter townships; to provide a municipal charter therefor; to prescribe the powers and functions thereof; and to prescribe penalties and provide remedies.

History: 1947, Act 359, Eff. Oct. 11, 1947 ;-- Am. 1998, Act 144, Eff. Mar. 23, 1999

Section 42.1 Short Title; Charter Townships; Incorporation; Powers, Privileges, Immunities And Liabilities; Petition; Special Census; Expenses.
(1) This act shall be known and may be cited as “the charter township act”. (2) A township, having a population of 2,000 or...
Section 42.1a Emergency Financial Manager; Authority And Responsibilities.
Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101...
Section 42.1b Minimum Staffing Requirement; Adoption Of Ordinance Prohibited.
Beginning on the effective date of the amendatory act that added this section, a charter township shall not adopt an ordinance that includes any...
Section 42.2 Incorporation; Referendum; Ballot, Form And Content; Filing Of Petition Or Resolution By Township Clerk; Finality Of Proceedings; Term Of Incumbent Officers; Disincorporation.
Any eligible township shall become a charter township when the inhabitants thereof shall, by a majority vote of the electors thereof, voting on such...
Section 42.2a Violation Of Mcl 168.1 To 168.992 Applicable To Petitions; Penalties.
A petition under section 3, 3a, 4, 6a, or 34(5), including the circulation and signing of the petition, is subject to section 488 of...
Section 42.3 Incorporation; Submission Of Proposition To Electors, Time; Petitions, Verification Of Signatures.
The proposition to incorporate as a charter township shall be submitted at the next general or at a special election in the event that,...
Section 42.3a Notice To Clerk Of Township Not Incorporated As Charter Township; Resolution Of Township Board; Notice Of Right To Referendum; Petition; Signatures; Submitting Question Of Incorporation At General Or Special Election; Wording Of Ballot.
(1) Within 30 days after the effective date of this 1984 amendatory act and after each regular or special federal or state census, the...
Section 42.4 Nomination Of Candidates For Township Office; Conducting Primary Election; Duties Of Township Clerk; Duties And Composition Of Board Of Township Election Commissioners.
Candidates for township office in charter townships shall be nominated at the general primary election held in the township before each general election at...
Section 42.5 Township Board; Election Of Members; Powers And Duties; Supervisor As Presiding And Executive Officer; Authentication Of Instruments; President Pro Tem; Clerk; Record Of Proceedings; Temporary Clerk.
(1) Except as otherwise provided in this act, all legislative authority and powers of each charter township shall be vested in and shall be...
Section 42.6 Charter Township Board; Compensation And Expenses Of Members.
A trustee may receive, in addition to other emoluments provided by law for his service to the township, a sum per meeting of the...
Section 42.6a Ordinance Establishing Procedure For Determining Salary Of Elected Official; Contents; Conducting Business At Public Meeting; Public Notice; Resolution Implementing Ordinance; Petition For Referendum; Change Of Procedure; Decreasing Salary Of Elected Township Official.
(1) In place of the procedure in section 6 for determining the salary of each elected official, the township board may establish by ordinance...
Section 42.7 Township Board; Meetings; Conducting Business At Public Meeting; Notice Of Meeting; Transacting Business At Special Meeting; Quorum; Adjournment; Rules And Order Of Business; Journal; Voting; Availability Of Certain Writings To Public; Attendance And Conduct At Meetings; Misconduct In Office; Sergeant-at-arms.
(1) The township board shall provide by resolution for the time, date, and place of the board's regular meetings, and shall hold at least...
Section 42.8 Charter Township Board; Monthly Publication Of Proceedings; Notices And Ordinances; Posting.
(1) The proceedings of the township board shall be published at least once each month. A publication of a synopsis of the proceedings, prepared...
Section 42.9 Township Officers; Powers And Duties; Additional Officers, Limitations.
The township supervisor, township clerk, township treasurer, justices of the peace, and constables in each charter township shall have and perform the duties and...
Section 42.10 Township Superintendent; Appointment; Delegation Of Powers And Duties Of Township Supervisor.
The township board in each charter township shall have power to appoint a township superintendent and may delegate to him any or all of...
Section 42.10a Township Manager; Employment; Service; Duties.
If a township has not appointed a township superintendent under section 10, the township board may employ a township manager who shall serve at...
Section 42.11 Township Superintendent; Tenure; Qualifications; Residency Requirements; Waiver.
(1) The township superintendent shall hold office at the pleasure of the township board and shall be selected by the township board on the...
Section 42.11a Township Assessors; Appointment, Powers And Duties, Compensation.
In any charter township, in addition to the supervisor, the charter township board may provide for the appointment of assessors, not exceeding 2, for...
Section 42.12 Township Police Force; Establishment; Township Marshal, Appointment; Rules; Policemen, Powers And Duties.
The township board in each charter township may provide for and establish a police force and authorize the supervisor, or the township superintendent if...
Section 42.13 Township Fire Department; Establishment; Township Fire Chief, Appointment; Rules And Regulations; Refusal To Aid At Fire, Penalty.
The township board in each charter township shall have power to provide for and establish and maintain a fire department and authorize the supervisor,...
Section 42.13a Free Public Library; Establishment And Maintenance; Conditions; Ordinance; Resolution; Board Of Directors; Appointment Of Library Advisory Committee; Rules And Regulations; State Aid.
(1) In a charter township in a county with a population of more than 750,000 but less than 2,000,000 that has not been located...
Section 42.14 Charter Township; Power To Acquire Property; Approval Of Electors.
Each charter township shall have power to acquire property for public purposes by purchase, gift, condemnation, lease, construction, or otherwise, and to maintain and...
Section 42.14a Bonds For Public Improvements; Issuance; Approval Required; Exceptions; Limitation On Net Indebtedness; Computation Of Net Indebtedness; Bonds Subject To Mcl 141.2101 To 141.2821.
(1) The township may borrow money and issue bonds on the credit of the township for the purpose of constructing or otherwise acquiring a...
Section 42.15 Ordinances To Provide For Peace, Health And Safety; Licenses, Granting, Fees, Bonds.
The township board of any charter township may enact such ordinances as may be deemed necessary to provide for the public peace and health...
Section 42.16 Streets, Alleys, Bridges And Public Places; Regulation Of Use; Record Of Ordinances, Filing.
Except insofar as limited by state law and the provisions of this act, the township board shall have power to establish and vacate and...
Section 42.17 Construction Of Buildings; Powers And Liabilities Of Charter Townships As To Public Health And Safety.
Charter townships shall have and possess and may exercise the same powers and shall be subject to the same liabilities as are possessed by...
Section 42.18 Joint Action With Other Governmental Unit Or Agency.
Each charter township may join with any governmental unit or agency, or with any number or combination thereof, by contract or otherwise as may...
Section 42.19 Ordinances, Resolutions, Rules And Regulations Of Former Township; Continuation.
All ordinances, resolutions, rules, and regulations of a charter township which were in effect at the time such township became a charter township and...
Section 42.20 Legislation To Be Ordinance Or Resolution; Form, Passage, Amendment, Recording, Authentication, And Compilation Of Ordinances.
(1) Legislation of a charter township shall be by ordinance or by resolution. A resolution shall be limited to matters required or permitted to...
Section 42.21 Violation Of Ordinances; Sanction; Designation As Civil Infraction; Act Or Omission Constituting Crime; Penalty; Distribution Of Fines.
(1) The township board shall provide in each ordinance a sanction for violation of the ordinance. (2) Consistent with any of the following statutes,...
Section 42.21a Police Officers; Right To Pursue, Arrest, And Detain Person Outside Of Charter Township Limits.
If a person has committed a civil infraction violation under the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being...
Section 42.21b Police Officer Or Constable; Authority To Execute Bench Warrant.
A police officer of a charter township or, if authorized by the township board, a constable of a charter township has the same authority...
Section 42.21c Regulation Of Recreational Trailway; Posting Of Ordinance; Violation As Municipal Civil Infraction; Penalty.
(1) An ordinance regulating a recreational trailway is not effective unless it is posted and maintained near each gate or principal entrance to the...
Section 42.22 Ordinance; Publication; Effective Date; Publication Of Summary Or True Copy; Catch Lines Required; Drafting Of Summary.
An ordinance passed by a township board shall be published at least once. An ordinance is effective immediately upon its publication, unless a date...
Section 42.23 State Law Or Standard Code; Adoption As Township Ordinance By Citation; Publication, Distribution, Charge.
The township board may adopt any provision of state law or any detailed technical regulations as a township ordinance or code by citation of...
Section 42.24 Submission Of Itemized Estimates Of Anticipated Expenditures; Preparation And Submission Of Budget Proposal; Time.
On or before 150 days prior to the commencement of the fiscal year, each township officer shall submit to the supervisor, or to the...
Section 42.25 Budget Proposal; Contents; Commencement Of Fiscal Year.
The budget proposal shall present a complete financial plan for the ensuing fiscal year, which shall commence on January 1 of each year and...
Section 42.26 Budget; Notice, Public Hearing, Prior Public Inspection.
A public hearing on the budget shall be held before its final adoption, at such time and place as the township board shall direct,...
Section 42.27 Adoption Of Budget By Township Board; Resolution; Appropriation; Tax Levy; Limitation; Separate Appropriation For Fire And Police Departments; Tax Collection; Interim Budget.
(1) Except as otherwise provided by this subsection, prior to the commencement of the fiscal year, the township board shall, by resolution, adopt the...
Section 42.28 Budget Or Supplemental Appropriations; Expenditure, Restrictions; Unencumbered Balances, Transfer, Reappropriation.
No money shall be drawn from the treasury of the township nor shall any obligation for the expenditure of money be incurred, except pursuant...
Section 42.29 Quarterly Statement Of Estimated And Actual Income And Expenses; Submission By Supervisor To Township Board; Reduction Of Appropriations, Exceptions.
At the beginning of each quarterly period during the fiscal year, and more often if required by the township board, the supervisor or the...
Section 42.30 Annual Audit Of Accounts; Results, Filing, Public Inspection; Annual Report Of Township Business.
An independent audit shall be made of all accounts of the township government at least annually and more frequently if deemed necessary by the...
Section 42.31 Local Or Public Improvements; Approval; Determination Of Necessity; Special Assessments; Bonds.
Each charter township may make local or public improvements by paving streets that are not a part of the county highway system, laying curbs...
Section 42.32 Succession To Properties Of Former Township; Suits Or Prosecutions, Debts And Liabilities, Uncollected Taxes And Assessments.
All charter townships created under the provisions of this act shall succeed to and be vested with all the property, real and personal, moneys,...
Section 42.33 Liberal Construction Of Act.
The provisions of this act shall be liberally construed in the interest of the public health and welfare and the safety of persons and...
Section 42.34 Exemption Of Charter Township From Annexation To Contiguous City Or Village; Exceptions.
(1) A charter township existing on June 15, 1978, or a township incorporated after June 15, 1978 as a charter township that complies with...

Last modified: October 10, 2016