Validity of Ordinances Flashcards
What are ordinances?
The legislative acts of local governments that have force and effect similar to that of state statutes.
Violation of a local ordinance is usually a ___________?
Misdemeanor
What are the three requirements for a valid ordinance?
- Prior published notice worded to alert the residences who will be affected;
- Majority vote of the governing body at a PUBLIC meeting; and
- The ordinance is reasonably certain/definite in application (not vague)
What is the presumption/burden of proof re: a local ordinance?
There is a presumption of validity and the burden at all stages rests on the party challenging the ordinance.
What are the means of raising a challenge to the validity of an ordinance?
- Invalidity as a defense to a violation charge
2. A complaint for declaratory judgment
What are the grounds on which an ordinance may be invalidated?
(a) it was not adopted properly; OR
(b) it is unconstitutionally vague; OR
(c) it is arbitrary* or discriminatory; OR
(d) it is beyond the powers of the locality; OR
(e) it is preempted by federal or state law
*remember: this means stupid, ineffective, unwise, won’t achieve its goal, etc. – no EPC element required!
What are the two grounds for preemption that exist in Virginia?
- if the General Assembly EXPRESSLY states that the local regulation is prohibited, then it is!
- If there is no such express statement, but the area is regulated by state statutes or regulations, local ordinances are invalid if they are inconsistent with state law
What are the four basic “inconsistency” situations?
- State prohibition of the activity
- State authorization of an activity
- State law is silent
- Some state regulation: both state and local law can stand together IF possible to comply with both.