Ordinances Flashcards
What is an ordinance?
Legislative act of local government
What are the three requirements for a valid ordinance?
Prior notice to affected residents
Majority of a quorum of the governing body
Reasonably certain in application - not vague
What is the presumption about ordinances? Who has the burden in a challenge?
That they are valid. The burden is always on the challenger.
What is standing for a local ordinance challenge?
P is affected by the ordinance
Dispute is ripe
What is one challenge for an invalid ordinance?
Complaint for declaratory judgment
What are some grounds to invalidate an ordinance?
Not adopted properly
Unconstitutionally vague
Arbitrary or discriminatory
Beyond powers of locality
Preempted by state or federal law
What are the two ways ordinances can be preempted by state law?
Express prohibition
Inconsistent with state law
Preemption by state regulation/prohibition or authorization (preemption). Discuss.
A locality cannot legalize something prohibited by state law
A locality cannot prohibit activity that is legal in the state
What if state law is silent?
Ordinance may regulate IF it is within the authorized powers of the locality
What if there is some state regulation of the subject of an ordinance?
Local ordinance may ALSO regulate the issue but must be consistent with state law
What must be possible for state and local law on the same subject to stand together?
Possible to comply with both
