Federal law vs City Ordiance

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CZroe

Lifer
Jun 24, 2001
24,195
857
126
Maybe so, but state law supercedes city/local municipality laws. At least in Tennessee anyway, a city could but up a sign where ever they want... i.e., stops signs and speed limit signs. But there are state regulations that must be adhered to.

a recent case involved a city police chief who created a speed trap on state roads. Eventually the city had to pay back the people who were fined because of it. Although the road was in city limits they had no authority to write tickets.

So the OP needs to crack open the law books for his state. Most of the time the state laws mimic federal laws when dealing with this type of crap.

Yup. States often impose more restrictions on local police than state-level. For example, in GA, there are laws that saw how far away from a sign you must be after a speed limit changes to be issued a ticket but it does not apply to Georgia State Patrol. Same goes for grades (hills). They were meant to bust up corrupt speed-trap towns.
 
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Jeeebus

Diamond Member
Aug 29, 2006
9,179
897
126
appeal the fuck out of that.

If it isn't posted, they can't enforce it.

I tried the same defense last time I shot a guy in the face. Cop slapped the cuffs on me and I was all like "you can't touch me pig... there's no sign anywhere in sight saying I can't kill people."

He saw the error of his ways and let me go. Then I had sex with Cindy Crawford while riding a porpoise.

Then I woke up and started posting on ATOT. I miss my dream.
 

zinfamous

No Lifer
Jul 12, 2006
111,136
30,087
146
I tried the same defense last time I shot a guy in the face. Cop slapped the cuffs on me and I was all like "you can't touch me pig... there's no sign anywhere in sight saying I can't kill people."

He saw the error of his ways and let me go. Then I had sex with Cindy Crawford while riding a porpoise.

Then I woke up and started posting on ATOT. I miss my dream.

you lawyers sure do take the fun out of life.

 

Strifer

Member
Aug 3, 2004
101
0
0
And what part of interstate commerce relates to signage posting?

None you say?

Well then the federal law is irrelevant.

Bingo. The Commerce Clause would not give the federal government the authority to regulate local streets and signage. For the federal government to regulate here, the local signage must affect a channel or instrumentality of interstate commerce, or must substantially affect interstate commerce. Although I am not completely up to date on all of the case law, I believe that courts have held the relationship between local streets and IC is too attenuated to trigger authority under the Commerce Clause.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
166
111
www.slatebrookfarm.com
Virtually every city, town, and village in the area have signs up at the edge of their area informing everyone of the parking rules that apply to every single street. I'm pretty sure it's been well established as being legal to do it that way. About 15-20 years ago, there was a well published case of someone fighting it in the city I used to live in (small city, so stuff like that makes the news) - and he won - they didn't have a sign on several of the minor routes into the city. The city since has rectified this - it's impossible to enter the city (in a car) without passing one of those signs, unless the aforementioned National Guard drops your car with a big parachute out of a transport plane.
 
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