A local ordinance is a
Law is a system
A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole.
A system, surrounded and influenced by its environment, is described by its boundaries, ...
for a political division smaller than a
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ...
, i.e., a
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-locali ...
of a municipality, county, parish, prefecture, ''etc.''
The Basic Law of the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution
A constitution is an aggregate of fundamental principles or established precedents that constitute the le ...
A federated state (which may also be referred to as a state, a province
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territori ...
certain exclusive rights including police and public order powers. The 16 state governments delegate many of their responsibilities and powers to local authorities. Local authorities have powers to pass local ordinances (Satzungen) e.g. to determine the use of land, planning questions, public order, emergency and transport issues etc. The ordinance must follow a public disclosure and consultation procedure and then approved by the local assembly as well as the elected representative of the executive (e.g. the mayor). The state authorities or stakeholders including citizens who can show that they have a sufficiently strong interest to establish standing may object to the final implementation. If the conflict cannot be resolved, Courts may be asked to rule on whether or not the ordinance is valid or if may strike if it violates State law or the State Constitution.
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, may be passed by any
A prefecture (from the Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of t ...
A municipality is usually a single administrative division having Municipal corporation, corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipali ...
under authority granted by Article 94 of the
A constitution is an aggregate of fundamental principles
A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule
Rule or ruling may refer to:
* The exercise of political ...
Hong Kong (, ), officially the Hong Kong Special Administrative Region of the People's Republic of China (HKSAR) (), is a metropolitan area and Special administrative regions of China, special administrative region of the China, People's Repu ...
Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has be ...
enacted by the territory's
A legislative council is the legislature, or one of the legislative chambers, of a nation
A nation is a community of people formed on the basis of a common language, history, ethnicity, or a common culture, and, in many cases, a shared terri ...
remain to be known as ''Ordinances'' () after the transfer of the territory's sovereignty to
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the List of countries and dependencies by population, world's most populous country, with a population of around 1.4 billion. Covering approximately 9.6& ...
There must generally be a
statutoryA statute reffers to the body of law that are made by legislature of the nation with instrument which govern the state, country or any nation. it includes laws, rules and the reulation whichhas to be followed by each citizen in the county.
A statute ...
basis for an ordinance, the ordinance must be in compliance with any overlapping statutes (although it may impose a stricter standard or penalty), and the ordinance must be related to the affairs of the local government in question.
Ordinances must generally be approved by a local assembly and
Promulgation is the formal proclamation or the declaration that a new statute, statutory or administrative law is enacted after its final Enactment of a bill, approval. In some jurisdiction (area), jurisdictions, this additional step is necessary b ...
by the mayor or governor of the local government in question, who may demand a second vote but may not
A veto (Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Roman Repu ...
Local Autonomy Law
The , passed by the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house
A lower house is one of t ...
, an ordinance may impose a penalty of up to two years imprisonment and/or 1 million yen in fines, although any penalty under an ordinance must be prescribed in accordance with the Code of Criminal Procedure. There are even some ordinances, such as bans on smoking on the street, for which the police in some districts state that there is no penalty for failure to obey the ordinance.
All laws enacted by the legislature of British colonies are referred to as ''Ordinances'', which sometimes delegate power to other parties (usually government departments) to make subsidiary legislations that supplement the Ordinances.
There are three
The Crown dependencies (french: Dépendances de la Couronne; gv, Croghaneyn-crooin) are three island territories off the coast of Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of contin ...
Guernsey (; Guernésiais: ''Giernési'') is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a Crown dependencies, British Crown Dependency.
It is the second largest of the Channel Islands, ...
, Ordinances ''(Ordonnances)'' are used for secondary legislation that does not warrant a Project de Loi which requires royal assent
. Similar secondary legislation exists in
Jersey ( , ; nrf, label=Jèrriais, Jèrri ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ''Bailliage dé Jèrri''), is an island and self-governing Crown dependencies, Crown Dependency near the coas ...
Isle of Man
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in E ...
also has secondary legislation below the
Act of Tynwald
An Act of Tynwald is a statuteA statute reffers to the body of law that are made by legislature of the nation with instrument which govern the state, country or any nation. it includes laws, rules and the reulation whichhas to be followed by each ci ...
In the United States, these laws are enforced locally in addition to
state lawState law refers to the law of a federated state
A federated state (which may also be referred to as a state, a province, a region, a canton, a (bundes)land, a governorate, an oblast, an emirate or a country) is a territorial and constitution ...
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation
A federation (also known as a feder ...
. In states such as
Connecticut () is the southernmost state in the New England region of the United States. As of the 2010 Census, it has the highest per-capita income, second-highest level of human development behind Massachusetts, and highest median household ...
, legislative bodies at the local level develop city and town ordinances to govern the public.
However, because of the
Double Jeopardy Clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: " r shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibi ...
Fifth Amendment to the United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses United States constitutional criminal procedure, criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as pa ...
, for criminal processing purposes a local ordinance is considered the same as a state law, statute or ordinance, meaning if someone is charged with an offense punishable under a local ordinance and a state law, they can be prosecuted under one or the other, but not both, and a conviction or acquittal under a local ordinance or a state law prohibits a second trial on the same offense under the other one.
In all states, a city or county may enact a local ordinance as a criminal law that covers the same crime or violation as a state law but only if the penalty provided by the local ordinance is higher than the state statute. A local ordinance cannot be used to create a lesser penalty for a crime or traffic offense than state law. For example, if a state's law set a minimum penalty of $30 for driving faster than 25 mph on residential streets, in such states allowing local ordinance with harsher penalties to duplicate state laws, a local jurisdiction could enact its own local ordinance on the same subject only if the penalty under the local ordinance was at least $31. A local law in such states could also provide for punishment of criminal offenses if a higher penalty was imposed. If state law punished conviction for
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ...
with 20 years in prison, for a local ordinance to be valid it would have to provide a minimum punishment of at least 20 years and one day.
In some states, local law cannot duplicate state law and some subjects are completely prohibited from being covered by local ordinance. For example, in
Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States, bordering Virginia, West Virginia, and the Washington, D.C., District of Columbia to its south and west; Pennsylvania to its nor ...
, cities, towns and counties are expressly prohibited from passing
Gun control (or firearms regulation) is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearm
A firearm is any type of gun designed to be readily carried and used by an indi ...
laws or other local ordinances dealing with the possession, carrying, and ownership of firearms or ammunition, and state laws on the subject are exclusively controlling.
[Maryland Code, § 4-209]
A summary offence is a crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: ...
BylawA by-law (bye-law, by(e)law, by(e) law) is a rule or law established by an organization or community to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body ...
Legal code (municipal)
in the cable tray
In the electrical wiring of buildings, a cable tray system is used to support insulated electrical cable
An electrical cable is an assembly of one or more wires running side by side or bundled, which is used to carry electr ...