In the current DC gun ban thread http://boards.straightdope.com/sdmb/showthread.php?p=8659318 I asked just what can local ordinances ban? From time to time you hear about wacky laws that some podunk municipality has passed. When do laws like these step over the line of unconstitutionality?
Two issues, really. The Constitution is what it is. While there are some Constitutional distinctions between state and federal laws, ordinances get lumped in with state laws, for the most part.
On the other hand, a municipality might overstep its bounds under state Constitutional law or enabling statutes. The rules on the interaction between state law and local ordinances, and the rules on just what kinds of ordinances a municipality can pass vary, both among states, and within states, among municpalities of various classes and sizes.
http://www.lsc.state.oh.us/membersonly/124homerule.pdf
http://www.celdf.org/HomeRule/DoesmyStatehaveHomeRule/tabid/115/Default.aspx
You might find this interesting, too: http://www.celdf.org/NewYorkMunicipalHomeRuleLaw/tabid/294/Default.aspx
http://www.celdf.org/portals/0/pdf/New%20York%20State%20Local%20Government%20Handbook.pdf (chapter 4 discusses home rule in New York).
I can only speak from the situation in Wisconsin. Here most (but not all) local ordinances are adopted from state statute. One of the reasons for this is, if charged with & convicted of an ordinance violation the proceeds from fine money mostly stay within the municipality. If the same violation is charged as a state crime most of the fine money goes to the state. Ordinace violations are not crimes, and cannot be punished by jail time. So while a state charge of Disorderly Conduct could get you 3 months in jail, pleading it down to a local ordinance violation of Disorderly Conduct will only get you a citation fine.
Many states have passed “preemption” laws (especially on the issue of firearms) which say local governments cannot pass laws that are more restrictive than the state law. This prevents local yokels from going nuts and passing crazy ordinances, like handgun bans (which Milwaukee and Madison tried to do before the preemption law).
State Constitutions are also critical when it comes to state & local powers. On the subject of gun ownership I point out that most states have a right to bear arms clause in their state constitution and most of those clauses are very clear that it is an individual right.
So what would happen if you got a local ordinance violation and then told the city to go to piss up a rope about the fine.
Would they have to take you to a state court to enforce the fine?
Are you asking if they would change the charge from a local violation to a stae one? The answer to that is no.
Failure to pay an ordinance violation will usually result in a warrant. But nobody is going to come hunt you down. Those type of warrants are usually only served when police have contact with you on a different issue, like getting pulled over. In fact, a a huge amount of warrants get served on traffic stops. Some municipalites will use a collection agency. In Wisconsin you will also get your drivers license suspended for 2 years for failure to pay a fine.
You can do a small amount of jail time for failure to pay, but that is an action in and of itself, not a consequence of the original charge.
I sort of take that back. In most areas it’s not a priority. But years ago I worked for a very small township, and yeah, if the date you were suppose to pay by passed we would come knocking on your door (if you live within the town). You weren’t arrested but handed a notice by the judge reminding you about the fine and giving you another 10 days to pay it ( :rolleyes: ). But that was a little Barney Fife type town.
In most cities a guy could go years without getting picked up for failure to pay if he didn’t have any other police contacts. (you could still get you DL suspended and have collection agencies bugging you, though).
Exactly-we had that issue come up here in PA, when Philly wanted to be more restrictive than the other counties of the Commonwealth, and it didn’t pass muster. The crimes code carries a section prohibiting concealed carry of a firearm upon the streets of Philadelphia unless otherwise permitted, which is just what the crimes code states for the remainder of the Commonwealth in an adjacent section. :dubious: