Can a city create an ordinance which breaks STATE LAW?

Question

It is to my perspective that any laws written must be followed by all government. And laws can be more restrictive but must no conflict with other laws which they have no control over. City must follow state. State must follow U.S. GOVERNMENT.

City police officer ticketed me $25 flat. For breaking a city ordinance/law. When I questioned it, knowing that exact state law, pointing out that same officer is breaking that law.

He stated that city written out that uniformed on duty police officers, are allowed to break such law. And they don t enforce such law equally throughout city, only near police station (4 blocks all directions)

I researched it on officer referenced website. And law was written to exclude officers.

Also such law is not properly indexed within their CITY ORDINANCE. Even though there is signs posted it is excluded from proper category.

I will fight ticket, and confident I will win due to technicalities. If not it is only another $10 (city officers unaware of state law 2012, writing their own version 2016; then not properly filing it. It was completely ignored in proper category, without any references to other/filed category) spoken to local cooperative they also agree with me and are in process of contacting their lawyers for questions.

martin · Answer

The general rule is a city cannot deliberately violate state law.  But it's hard to keep tract of constantly changing state laws and ordinances. Some conflicting laws and ordinances may have been enacted at completely different times.  Probably you'll win your case.

Mutt · Answer

You claim that the police are "breaking the law" by giving you a ticket. What law is this that they are breaking? And what is the ticket for?

Information is a huge help in answering your question. No one knows where you live, so we don't know the city ordinance or the state law you are referring to.

Anonymous · Answer

What was the ordinance about?

lestermount · Answer

no they can not.

Common Sense · Answer

It is my experience that cops hate to do paperwork and will avoid it like the plague.  I had a very nasty neighbor breaking the law left and right.  Some officers would issue a ticket to my neighbor and others would not under the exact same circumstances.

I was told that it is up to the officer to determine whether a ticket/citation should be issued.

So, you are right, it is not fair.

Also, you are wrong about city laws being that of the state laws.  IF there are not any specific laws on the books of a city, ONLY THEN are the state laws followed.  The city law can be different from the state law.

Neil · Answer

Sounds like you're confused. Police don't write laws. Indexing? Properly filed? I suggest you tell it to the jidge, maybe they'll help you understand.

Anonymous · Answer

My city does similar things like that. It's wrong.

Anonymous · Answer

No idea what your objection is.  Are you claiming that the uniformed police officer was, for example, in a no parking zone when he was issuing you the ticket? Yes, he has the legal right to do this. If this is what you're going to appeal your ticket on you don't stand a chance.

kmn2593 · Answer

None of us can answer your question without knowing what law it was that was broken. If you were speeding, and the officer had to speed to catch up to you in order to pull you over, then yes that's perfectly legal.

Can a city create an ordinance which breaks STATE LAW?

9 Answers