Kevin a state law is just that, it applies to the state as a whole, but when a state law stops a county, city, or municipality from having laws stricter then the states laws that is wrong.
Now remember that a county, city, or municipality can not have laws that contradict a state law though.
In case you have not noticed I bolded law for a reason, there is a difference between a law and a right, a county, city, or municipality can not pass a law that is deemed unconstitutional, whether it is the State or US Constitution.
I am a firm beleiver that local governments should be able to enact stricter laws then a state has on the books, think about it..... most states do not have a leash law, but counties, cities, or municipalities do have them if needed.
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The Tazman aka Martin Price
Proud father of a Devil Dog
Taz, I have to agree with Kevin on this one. When a state law specifically prohibits something, a city or county ordinance should not have hte right to over ride such a prohibition. Cities and counties derive their authority from a state and not the other way around.
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Taz, I have to agree with Kevin on this one. When a state law specifically prohibits something, a city or county ordinance should not have hte right to over ride such a prohibition. Cities and counties derive their authority from a state and not the other way around.
Can they do that? Can a county make a law less restrictive than the state law?
Taz, I have to agree with Kevin on this one. When a state law specifically prohibits something, a city or county ordinance should not have hte right to over ride such a prohibition. Cities and counties derive their authority from a state and not the other way around.
Can they do that? Can a county make a law less restrictive than the state law?
I can't speak for other states specifically Danny but in CA the state is allowed to make preemptive laws that simply override anything in those specific areas that a city or county wants to do. Some example include but are not limited to
1) Issuing Driver's Licenses
2) Licensing motor vehicles
3) Determining what speed limits are legal on public roadways, etc.
For a state to say a person is legal to have an assault weapon throughout the state but allow any city or county to make it illegal to own or possess such weapons creates several problems. For instance, it's legal for you to own that AW and travel on a state highway. What happens when you drive on a state highway that goes through a city or county that ptohibits AW's in their jurisdiction. The state owns and maintains the state highway but the highway goes through a city or county prohibiting AW's. How do you resolve that one? And yes, issues like this come up all the time. What if it was a specific muffler, etc.? Allowing a city or county to override statye law creates way more problems than it solves.
__________________
Jesus Christ--The reason for the season!
If you can read this, thank a teacher. If you can read this in English, thank a veteran.
If you're certain you know everything, there's little opportunity to learn anything.
We finally got a cc law here in Nebraska but it is kind of a joke. THey left an opening in it that any city could prohibit it and a lot have already. That sucks.
I kow that here in WV, the state allows for Sunday hunting but most counties have banned it.
I didn't know that a county could make a law that was less restrictive than the state. For instance. Can a state say no to Sunday hunting yet a county say it is OK?
That does sound like it could cause huge issues
Cal there are 2 sides to it, I can see where you are coming from on this, but there are many instances where localities have stricter laws then the state that make sense.
Can you imagine if every state law over rode every localities law?
You might buy a nice home in a subdivision in a city and then because hog farming is legal in the state some one who owns 50 acres right next to your subdivision decides to raise hogs, not only are you having to deal with the aroma, but that $200,000 home you bought 2 years ago is now worth $50,000!
Outhouses are legal in Va., I would have some issues if one of my neighbors decided to build an outhouse in my subdivision.
I can see both sides of the issue, there is at least one nudist colony in Va. I have heard, which indicates to me that they are legal in Va. Should anyone anywhere in Va. be able to declare thier property a clothing optional area?
There is a clothing optional beach in Md. which tells me there is no state law against it, so does that mean all public beaches are clothing optional since local ordinances are stricter then the states?
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The Tazman aka Martin Price
Proud father of a Devil Dog
Why bother to make state laws ?
