Validity of Ordinances

Question 1

ordinances

Answer 1

legislative acts of local governments and have force and effect similar to that of state statutes. violation of ordinance is usually a misdemeanor. ordinance must be adopted in public meetings

Question 2

requirements for valid ordnance

Answer 2

prior published notice worded to alert the residents who will be affected

majority vote of governing body at public meeting

ordinance s reasonably certain in application (not vague)

Question 3

presumption of validity of ordinances

Answer 3

validity of ordinances is presumed and the burden at all stages of court proceedings rests on a party challenging the ordinance

Question 4

means of raising a challenge to an ordinance

Answer 4

invalidity of a local ordinance can be raised as defense to violation of ordinance. a complaint for declaratory judgment can be made to challenge law thought to be invalid. necessary to make sure P has a real interest (standing) and that dispute is ripe

Question 5

grounds to invalidate ordinance

Answer 5

may be invalidated if not adopted properly, unconstitutionally vague, arbitrary or discriminatory, beyond powers of locality, preempted by federal or state law

Question 6

preemption by state statute

Answer 6

state statutes can preclude operation of local law under doctrine of preemption. extensive state regulation is not by itself sufficient to preempt localities from acting

Question 7

grounds for preemption by state law

Answer 7

general assembly expressly states that local regulation is prohibited

if there is no such express preemption statement but the area is regulated by state statute or regulations, local ordinances are invalid if they are inconsistent with state law

Question 8

inconsistency with state law

Answer 8

state prohibition of activity - state law expressly prohibits practice, local authorization would be barred

state authorization of an activity - where state law expressly authorizes an activity, local ordinances forbidding that thing are preempted

state law is silent - an ordnance may regulate and even prohibit an matter when state law is silent if it is within the authorized powers of the locality

some state regulation - Supreme Court says that where state law regulates a topic, even in an extensive fashion, local ordinance can also regulate so long as it is not inconsistent with state law. they can both stand if possible to comply with both