Validity of Ordinances Flashcards
____________ are the legislative acts of local governments and have force and effect similar to that of state statutes.
Violation of local ordinancy is usually what level of crime?
This must be given before an ordinance may be adopted.
Advance Notic
What majority of votes in necessary for the locality’s governing body to enact ordinances?
Under the Freedom of Information Act, where must ordinances be adopted?
What are the three requirements for a validly adopted ordinance?
- Prior published notice worded to alert the residents who will be affected
- Majority vote (and quorum) of the governing body at the public meeting, and
- The ordinance is reasonably certain in application (not vague).
If the three requirements for a valid ordinance are not satisfied, the ordinance is ____.
void
The validity of an ordinance is ________ in court.
presumed (therefore, BoP is on party challenging the ordinance)
Ordinances can be challenged in a ________ way or a ________ way.
The ________ way to challenge an ordinance is to claim the it is invalid procedurally or because the local government lacks authority. Here, you would file a declaratory action.
Positive
The _________ way to challenge an ordinance is through the procceding in which the ordinance is being enforced against the defendant, and the defendant is challenging the ordinance’s validity as a defense.
negative (defensive)
Under what grounds may an ordinance be invalidated?
When the ordinance:
- was not adopted properly
- is unconstitutonally vague
- is arbitrary or discriminatory
- is beyond the powers of the locality, or
- is preempted by federal or state law
What are the two grounds for state preemption of local law?
- The General Assembly expressly states that local regulation is barred
What are the four basic inconsistency situations?
If the Commonwealth prohibited an activity, local authorization of a practice would be…
bared.
