Ordinance Adoption Procedures - Charter Township

Checklist of Steps for Enactment of Nonzoning Ordinances
Charter Township
___ 1. Determine whether Township has authority to enact ordinance regarding specific subject matter.
___ 2. INTRODUCE complete text of the proposed ordinance at Township Board meeting in writ-ten or printed form.
___ 3. PUBLISH or POST the complete text of the proposed ordinance as it is introduced, indicating when it will be considered for adoption.
A. For PUBLICATION option:
(1) Publish the complete text of the proposed ordinance as it was introduced at least one time in a newspaper circulating in the Township.
B. For POSTING option:
(1) Post the complete text of the proposed ordinance as it was introduced at the Township Clerk's office and at five other public places in the Township, or at the Township Clerk’s office and on the Township’s website;
and
(2) Publish a notice of the posting at least once in a newspaper circulating in the Township within seven days after the posting was done. The notice of posting must describe the purpose or nature of the proposed ordinance and identify the locations in the Township where the complete text of the proposed ordinance was posted.
___ 4. FILE AFFIDAVIT OF PUBLICATION from newspaper and/or affidavit of posting in Township ordinance records.
___ 5. ADOPT ORDINANCE by motion approved by majority of Township Board members voting, on roll call vote, at any regular meeting or proper special meeting (minutes of meeting must reflect decision and vote).
___ 6. PUBLISH complete ordinance or legally proper summary of ordinance as adopted, or POST complete ordinance as adopted, within 30 days after adoption.
A. For PUBLICATION option:
(1) Publish complete ordinance as adopted, or summary of ordinance, in newspaper circulating in Township within 30 days after adoption. Each section of ordinance must be preceded by "catch line".
If summary of ordinance is published:
(1) It may be prepared by the person who drafted the ordinance or by the Township Board (or attorney).
(2) It must be written in clear and non-technical language.
(3) Each section must be preceded by a "catch line".
(4) It must designate the location in the Township where a true copy of the complete ordinance can be inspected or obtained.
B. For POSTING option:
(1) Post the complete text of the ordinance as adopted at the Township Clerk's office and at five other public places in the Township, or at the Township Clerk’s office and on the Township’s website;
and
(2) Publish a notice of the posting at least once in a newspaper circulating in the Township within seven days after the posting was done. The notice of posting must describe the purpose or nature of the ordinance and identify the locations in the Township where the complete ordinance was posted.
___ 7. FILE AFFIDAVIT OF PUBLICATION from newspaper and/or affidavit of posting in Township ordinance records.
___ 8. FILE ATTESTED COPY OF ORDINANCE WITH COUNTY CLERK within one week after publication/posting (not required if Township office is open to the public during regular hours on each business day).
___ 9. RECORD COMPLETE ORDINANCE in Township book of ordinances within one week after publication/posting, with Certificate of Township Clerk recording date of adoption of ordinance, names of Board members voting thereon, how each member voted, date of publication/posting and name of newspaper, and (where applicable) date of filing of ordinance with County Clerk.
___ 10. AUTHENTICATE THE RECORD by Supervisor and Township Clerk signing the ordinance Certificate.
___ 11. DISTRIBUTE copies of new ordinance to appropriate Township officials.
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Copyright 2004 by Craig A. Rolfe
Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C.