When most people think about law, they usually think about laws passed at the State and Federal level. A lot of people, attorneys included, seem to forget that there are other laws that have a more significant impact on our every day lives. Have you ever gotten a speeding ticket while driving through the city? How about a parking ticket? Have you ever had to get a permit to remodel your home or paid property taxes? If so, then you have dealt with municipal law.
All Americans are impacted by at least three sets of laws everyday: federal law, state law, and municipal law. Municipal laws are the local laws enacted by a city, county, or other local governmental body. While federal and state laws do have an impact on our lives, municipal laws are the laws most people are more likely to run afoul of since these laws can impact even the smallest details of our lives, such as where to park, what school to attend, where corporations can conduct business, etc. Typically, each citizen is only impacted by the laws of one state. However, municipal laws can stack, and each citizen can be impacted by multiple sources of municipal law (i.e. county, city, and multiple boards, such as school, zoning, and health boards).
Municipal laws have a variety of names. These laws can be called “ordinances,” “bylaws,” “codes,” and “measures,” as well as other names chosen by the governmental bodies that pass these laws. Regardless of the name, there are certain aspects all municipal laws must have in order to be enforced. All municipal laws must be enacted as required in the charter, statute, or articles that created the municipal governmental body. However, small deviations from the requirements have been allowed so long as the governmental body was in substantial compliance with all the mandatory requirements. Generally, all municipal laws must be in writing and available to the general public. Any actions by a governmental body that does not substantially conform to the requirements set forth to enact a municipal law is a resolution. Resolutions do not have the force or effect of law and cannot be enforced, even if the resolution is called an “ordinance.” Verbal resolutions are never enforceable, even if later put into writing.
Municipal laws typically have the force and effect of law so long as they do not conflict with federal, state, or other municipal laws (depending on the charter or statute that created the municipality or board). If a state has preempted an area of law the ordinance is attempting to control, then the ordinance is invalid. Courts generally presume that the state statutes and the local ordinances can work together and are generally interpreted in ways that allow both to be valid unless such an interpretation is absurd. However, if an ordinance does conflict with a state law, most courts will sever the conflicting language so long as the remaining municipal law is still intelligible and conforms to the general intent of the governing body.
Municipal laws can be held invalid if the law itself is vague, arbitrary, unreasonable, or unconstitutional. Municipal laws are typically interpreted using the natural, plain and ordinary meanings of the words used unless a specific definition has been determined by statute or case law. The burden of proof is almost always on the challenger. If challenging the law as vague, unreasonable, or arbitrary, the challenger must provide clear and convincing evidence for the claim. If a party wishes to challenge the constitutionality of a municipal law, then the party must prove that the ordinance violates the constitution beyond a reasonable doubt as municipal laws are generally prima facie presumed to be constitutional. Also, before a challenge to a municipal law may be made in court, administrative remedies must be exhausted to allow the municipality the opportunity to correct the ordinance and bring the ordinance into compliance with the constitution and other laws governing the municipality. When a municipal law is challenged, courts may use the contemporaneous statements of legislators and the opinions of municipal attorneys made at the time the ordinance was passed to determine if the ordinance is valid.
Municipal laws can be difficult to locate as there is not a centralized database available. However, there are resources available to access municipal laws. There are a few databases, while not complete, that do have a decent collection of municipal laws. However, these databases may be out of date. The best way to find current municipal laws would be to locate the current code locally or on an official website maintained by the municipality. Locating older municipal laws may be more challenging, and could require travelling to a local library, local courthouse, or contacting the local clerk’s offices and state archives for the geographical area you are researching. There are two tabs located at the top of this page. These tabs will provide you with resources that are available to you through Duncan School of Law. Many of the electronic resources are freely available and may be used at any time. The print materials are available in the Library for your use.
If you need any further assistance or help using these resources, please feel free to contact Adam Harness or any of the other law librarians and we will be glad to assist you.
1A Sutherland Statutory Construction § 30:1-6 (7th ed. 2007). Although this source is not focused solely on municipal law, § 30 does contain a lot of information about Municipal Law and is available through WestLaw.
What is Muncipal Law? FindLaw, https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/municipal-law.html#:~:text=Municipal%20Law%20is%20the%20law,Terms%20to%20Know (last updated June 20, 2016).
