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I'm based in Washington, but I took statutes and ordinances from across the

statutes or county ordinance somehow not I mean this Austin municipal code

ordinance in a municipality Randy are you need to look at are the who isn't who

is trying to enforce an ordinance and in what jurisdiction are they trying to

accounting okay Randy this is what I want to ask you okay this ordinance or

this some kind of ordinance that was enacted into law by the County

This JP, part of a county court enforcing county commissioners' courts ordinances,

on to enforce county commissioners' statutes or ordinances or whatever it's actually called.

create their ordinance, and

the current red line ordinance.

ordinances of man.

The UNDP also noted that among the debris are unexploded ordinances and said an immediate

The county commissioners court, the county will issue statutes for county ordinances.

Now, the problem is did the constable actually have an ordinance or a law that he could enforce?

ordinance.

In this case, the constable or anyone other than the city ordinance guy or

The biggest problem I've seen in Texas is with municipal courts and speedy ordinances

The ordinance was passed back last year, and it was an animal cruelty ordinance, and embedded

within that piece of the ordinance was the mandatory microchipping element.

that amended through the ordinance, and we're working right now to get that resolved.

I mean, I don't, is this, is this a city ordinance that they've come up with, or is this just

You know, we were all concerned about tethering and other issues for citizens from the ordinance,

or is this the county commissioners, is this a county mandate or is this a city ordinance

of the animal shelter board created the piece of the ordinance and then they gave it to

And this is, they are proposing in this ordinance, it is for all pets, it's like guinea pigs,

This ordinance to do

And so the ordinances that are passed at your local level

To allow the local governments to pass these ordinances

Which gives the power to the local government, each county, to pass its own ordinances

And the problem of it is if you look at these ordinances

Whether it be on a junk ordinance, animal control, flood damage

I saw with one ordinance in a county close by

A lot of ordinances that have been passed

The municipalities have had a lot of these ordinances within the municipality

I missed the break when my phone went out, what was Randy saying in regards to it? Well actually one of the things that he was saying in relation to these code enforcers coming down to properties, I will say this, what we've found so far that all of these ordinances are picking on poor people and elderly people

is going to have to have that animal microchipped unless we can get that ordinance overturned.

And apparently the city council has passed an ordinance, mandatory shipping of pets,

going to be discussing this dog chipping ordinance.

with us as we go in there, and try to get this ordinance overturned.

Now, if we fail, this ordinance is slated to go into effect on April 1st, and it will

and start knocking down their microchipping legislation and ordinances, and one of the

And by the way, this ordinance, if my dog gets picked up the way it's written right now,

to our animal control ordinance in San Marcos,

Simply, we don't want that notion of mandatory in the ordinance.

and what our concerns are with this ordinance.

Yeah. What do you think the Mayor and the City Council tomorrow night with their dumb little dog microchipping ordinance,

Somebody mentioned a phrase earlier, complying with mandatory ordinance,

City Hall as it were about them passing these ordinances to forcefully chip people's pets.

because not only did they pass this ordinance and spend all this money,

But I cannot get him back because there's an ordinance in my town that says

The dog that died in Los Angeles County, this Charlie Brown, who bled to death, whose owners did not want to chip him and yet were forced to chip him because of that Los Angeles County ordinance that would have put them in jail for six months if they did not chip him.

Their ordinance was the proximate cause.

And since the city instituted the ordinance, the city had a duty to ensure that compliance with the ordinance was safe.

So rather you could actually get monetary damages, it's a good grounds for a suit for injunctive relief to order the city to either make absolutely certain no dog is harmed ever or rescind the ordinance.

with a mandatory ordinance that these people didn't want to comply with.

I think this is just like city ordinance that in Austin, in Texas,

This is city ordinance business.

You mean even though it's a city ordinance?

The city ordinance would authorize it.

So the city ordinance is just every pet has to be microchipped?

The city ordinance is that if it's a stray and they pick it up, they'll chip it.

just because there was a city ordinance out in California,

could be sued for passing an ordinance that would cause such damage and death.

...the fact of the ordinance is irrelevant.

They could say, well, as an ordinance, it says I can do it.

Well, there's probably some city ordinances or something.

Also, this parking ticket thing, if this is defined by city ordinance, then you have to

You may have to look at the Round Rock City Ordinance definition of what their parking

ordinances are.

Look up Round Rock City Ordinances about parking and also the Texas Transportation Code.

Apparently, we've won in San Marcos about the city council down there trying to pass ordinances to require everyone's pets to be implanted with microchips,

was trying to implement an ordinance that would basically redefine our neighborhood

Yeah, look up what the statutes say or the city ordinances for parking violations.

When I'm saying about looking up the parking ordinance, not necessarily specifically about how you park,

but does the parking ordinance apply to private property?

Is that a statute, a rule, an ordinance?

how to fight city ordinances and stuff like that and property rights.

Because from what I'm reading, the city attorney can prosecute a criminal act only against a city ordinance in municipal court.

And that fits that he can only prosecute city ordinances.

prosecute violations of municipal ordinance and not state law, that the elected county

And then the second offense was speeding 32-1 ordinance

And amazingly, he didn't even give me a ticket for noise ordinance

If it's not state laws, it's certainly city ordinance under zoning and such

You know, I could imagine a city ordinance

I would imagine it goes to city ordinance that you can't park in a place designated handicapped

Because the city ordinance wouldn't apply to the county courthouse parking lot

And as you were saying, even if it's a city ordinance

an unconstitutional ordinance or something like that, I take it that you

because no one should be allowed to enforce an unconstitutional ordinance.

But can you challenge an unconstitutional ordinance if you haven't been

ordinance that he's discussing necessarily will affect him, and the word

So if he had to go to a magistrate to get his signature verified, then there would be no purpose in passing an ordinance or statute that allows him to release you on your own recognizance

and I was in a side street where it didn't have any ordinance to say that you can't park after a certain time

was a illegal ordinance stored not only on the ninth floor in a huge vault at

the ATF had but there was actually only ordinance stored in a it wasn't actually

was some unexploded ordinance in that room that was taken out by like of a

unexploded ordinance out of the building notwithstanding the fact that there were

the the timing devices that were used for the ordinance inside the building

They can only be criminal, and they can only be cases punishable by fine only under a maximum limit, which is $2,000 under a city ordinance and $500 under a state law.

I think it's a Detroit City ordinance, but I can't find it anywhere.

That may be because it's under municipal ordinance instead of traffic code.

A law enforcement officer believes their only duty is to enforce every ordinance, statute,

so I would suggest to you to look at the ordinances the city ordinances the municipal ordinances and the state laws

And if push comes to shove, if there's no ordinances at the local level, well, then

of a municipal statute or ordinance that is a civil violation for violating these red

an ordinance, not state law.

it's a municipal ordinance and it's civil, Aaron was telling me that it still falls under

it authorizes the creation of a municipal ordinance.

You've got a Texas set of statutes authorizing it, and then you've got a municipal ordinance

When you get the ticket in the mail, it says violation of ordinance, 3,000 whatever.

You could fight the ticket, you could fight the ordinance, or you could fight the state

Of course, it would be better to beat the state law because then all the ordinances

Basically, here in College Station, the municipal ordinance is practically word for word an

Yeah, provided you were subject of the ordinance to begin with, yes.

If they're applying an ordinance to someone to whom by the very writing of the law it

Any employee of a governmental entity falls under the subject of an ordinance, because

the laws of this state, is a law and an ordinance the same thing?

this a city ordinance or is this state law or is this federal or what

In the California Constitution, the county is forbidden to enforce municipal ordinance

A county sheriff's deputy is forbidden to enforce a municipal ordinance.

So you have a sheriff's deputy who, when he's acting as a sheriff's deputy, it's forbidden to enforce municipal ordinance.

And most of them don't know that they can't enforce municipal ordinance anyway.

if you can accuse the deputies of enforcing municipal ordinance while they're acting as county sheriff's deputies,

And lo and behold, I go and look in the city ordinances and what do I find?

What I don't like is that a lot of the wording surrounding these parking, I don't know what you call ordinances,

is very similar to that in the red light camera ordinances.

and that's in the ordinances and things about civil and late penalties and things such as that.

You're referring to the statutes and ordinances so much as the rules of court specifically,

the point-of-sale ordinance where you've got to do an energy audit

I mean, other than the state claiming that you broke some ordinance or law?

Since when does the state authorize the county to make up what ordinances they want?

So this is a county rule or county ordinance, not a state ordinance.

So violation of a county ordinance doesn't necessarily harm the state or the county.

because it's a violation of an ordinance at a local level.

Are ordinances by default not criminal matters?

The first question is, are ordinances of the county or any municipality just by default not on the criminal side of law?

He checked the city ordinances, couldn't find the list, didn't know what they were.

and then you also have city laws and city ordinances that prevent material, hazard material from entering into water municipalities.

because is this a state law? Is this federal? Is this ordinance? I never heard anything

So I picked it up on myself to file an ordinance petition and I spent 13 evenings, actually

They can either adopt the ordinance that is proposed or put it on the ballot for November

They can adopt the ordinance as law without the election.

They can either make the ordinance law by act of the City Council or put it to a vote.

with the few as 850 signatures, you could propose an ordinance and get it on the ballot.

Again, the ordinance will fly under the radar of being constitutional and all that because

to proceed. But essentially what it is, is the town of Meriden is using a blight ordinance

So wait a minute. This is ordinance or state law?

This is ordinance. Basically, you have this community organization just saying,

I believe it is city ordinance. And you can't even appeal it. You can't even say,

He didn't qualify for any of the elements of this so-called city ordinance.

And they try to say that the city ordinance, you don't have a right to a jury trial.

Well, now, in this, you said this is a city ordinance violation they've come up with.

I've read the ordinance on that.

of city ordinances, you have to give that judge jurisdiction to hear it.

filtered down and becomes a matter of law or ordinance here at the local level

a city municipal ordinance. He could probably use this same citation for a county civil

And then go to the city and get the city ordinances where they have made changes and adjustments to the international code

You said before that this was for a violation of a city ordinance.

However, he can only prosecute a criminal offense of a city ordinance, not of a state

...that requires if a co-enforcement officer, even if the municipality has an ordinance

So I went and read the zoning ordinances and told the mayor that,

He ran in to the city secretary to see the city ordinances,

Randy Cutt was just in here looking through your ordinances.

He went back in and checked the ordinances,

Yep, and the city ordinances, yes, they can.

a violation of, you said, a city ordinance?

It's not uncommon for municipalities to pass ordinances that mimic the traffic code.

If the city has passed ordinances, the ordinance will look like the state law.

But they can file the claim under the city ordinances rather than state law and that

So you're not accused of violating a city ordinance but rather a state law.

they did not show any proof that any state or municipal ordinance was violated, okay?

or ordinances that were violated, okay, and so they can't, they have no leg to stand on

be maintained without proof that a state statute or municipal ordinance was violated.

city attorneys prosecuting city ordinance violations.

And on a new ticket, it had new times, new ordinances, and everything.

But it's only the city ordinance that's allowing the city to have that.

Well, they've got everything under statute and ordinances.

they have an ordinance that's civil the problem still exists of producing documentation that

College Station and began collecting signatures for an ordinance initiative as we have the

But what I'm saying is if this is not a violation of any traffic code ordinances, if the police

If the city can pass an ordinance that allows them to enforce illegal fines against a citizen,

They can only enforce city ordinance.

if it appears he's violating some traffic ordinance?

If you're violating traffic ordinance, that's probable cause to get pulled over for Terry stop.

And I've just learned in 2005, the County Board of Supervisors passed an ordinance that gives them the authority to enter at will my tenants' properties.

Okay, then put a notice, a no-trespass warning, and send a notice to the mayor that while you're aware that they have such an ordinance,

the ordinance is not enforceable, and he is to instruct his personnel if they wish to enter my property, they will come with a valid warrant,

No, it's not probable cause for a search. It's probable cause to believe that he violated the ordinance,

and the ordinance is the one that violates Fourth Amendment.

that that's probable cause that you've broken any law or any ordinance.

I made a trip down to the city hall and asked to see the city ordinances.

I mean, cities and states should have different ordinances from each other.

the ordinance, first of all. And I just, I just, I was just flabbergasted when I read

this ordinance and the way they just strip you of all your rights and, and they try to

And while the sheriff can come into the municipality and enforce state law, he cannot enforce county ordinance

Because sheriff's deputies who would be authorized and trained in the enforcement of county ordinance

And how are these officers going to separate those ordinances from the state law

County ordinances from state law from city ordinances

So that would mean no city ordinances, no county ordinances?

No permits required, no ordinances, no search warrants can be issued.

How would true ownership affect municipal ordinance?

and we overturned an ordinance with the first city in the nation to overturn RFID ordinance

on issues that concern residents like the RFID ordinance.

And it says, under an ordinance irrevocable, that the state cannot pass any law that would

this whole subdividing issue. You can't subdivide. I mean, I don't know what the ordinances are.

Okay, so that's totally different. You're not even under the Austin ordinances.

Right, the municipal authorities would have no ordinance authority over the property.

The municipal ordinances would not apply, things like building codes, okay?

Municipal ordinance codes would not apply.

They're the ones that specialize in municipal code and city ordinances

And they'll be able to, I mean, I'm sure that they haven't studied in-depth California ordinances

This is highly specialized local ordinance and code that you're talking about that we certainly would not be familiar with here.

because they deal a lot more with UCC issues and property issues, city ordinances

No they do not, their jurisdiction is limited to the ordinances of the city.

Now that's going to be ordinances dealing with traffic laws.

Which Article 1, Section 29 specifically says everything in the Bill of Rights is accepted forever from the general powers of government. Otherwise they can only enforce city ordinances. They're a little more than a municipal rent-a-cop.

and it's usually part of deed restrictions or city ordinances that if there's going to be a layout

It was not a city ordinance.

And so anyway, that's what he said. And so he said it was an invalid complaint, didn't have the ordinance number, which they don't have one.

And check to see if the ordinances have been adopted or the state statutes have been adopted by ordinance.

So you follow through and you look it up in the statutes, and the guy only put down, I believe it was like municipal ordinance 323.

So the only way it can exist is if they're going to try to charge it under an ordinance with that name.

the only other place it could exist is in an ordinance.

And if they can't produce an ordinance with that name of that charge,

They're the ones, local city ordinances, troubles like that

They can write a city ordinance that is in addition to that, but the city ordinance would not have any effect upon you.

failure to appear, misdemeanor ordinance charge is the charge code description.

Rules, regulations and ordinances only apply to those members of that corporation

Last one, Rule 204, determination of Texas city and county ordinances

Take judicial notice of the ordinances of municipalities and counties of Texas

the fact that the offenses charged violate city ordinances also.

Now it's sometimes at the county level of county ordinances,

So anyway, that's my take on the whole slum and ordinance thing

But you need to research at the city level the ordinances and the state level concerning zoning changes

But do deed restrictions fall under some kind of county ordinance or anything?

Are city ordinances civil, like city council?

It depends on the nature of the ordinance

The right of personal liberty is a very high prerogative right, and to deprive one of that right without due process of law, we must find specific authority for doing so. It cannot be left to inference for some strained construction of statute or ordinance.

One is, what is an ordinance and how is an ordinance relevant to traffic laws in the

question is, what is an ordinance and how, how is it relevant to private individuals?

Okay, well, I can tell you what my personal interpretation of the ordinance is, let's

first analyze who creates the ordinance, the municipality creates the ordinance, the municipality

Hold on, hold on, do you have a definition for ordinance as opposed to statute, rule,

most cases, but let me get this here and we will see, all right, ordinance, all right,

this is Black's law, sixth edition, and it says, I'm thinking ordinance in terms of like

Ordinance, a rule established by authority, a permanent rule of action, a law, or statute,

work for the city, that's who city ordinances apply to, not the citizens of the city.

An ordinance.

What is an ordinance?

into these ordinances and they code enforcement people, just go and tear down people's houses

Same thing applies to the city ordinances.

Y'all were talking about code violations, ordinances and stuff earlier

Because I've had a lot of ordinance problems here in Richardson

When they are operating in the ordinance level right in the municipality

Yeah, and also what are the ordinances concerning improvements where you are.

Yeah, if there's a zoning ordinance or if it's just deed restrictions, you know,

then is it the county commissioner's court that's laid down ordinances

Are they the ones that have laid down these ordinances?

I mean, what jurisdiction is putting these extensive, you know, obtrusive ordinances on you?

The question that maybe can be answered is, do ordinances, counter ordinances, have to

requires an enacting clause in all laws means right off the bat that any ordinance, it does

You've got county ordinance.

You've got city ordinance.

By what authority do you enact an ordinance, whether it be county or municipal,

Obviously, your ordinances are not enacted by the legislature.

violating an ordinance.

You cannot violate an ordinance because in order for you to be able to violate

Now, you've all heard me say many, many times that municipalities' ordinances

and county ordinances can only have legal authority over those employed by

That's what their ordinances are.

They're all enacted through the basis of city ordinance.

going to get real busy and write a whole bunch of ordinances where we're

to write those ordinances.

And especially, well, I'll free of you, but for bringing up the Administrative Procedures Act and also the ordinances.

Anyway, what is the ordinance?

So my position on that is that an ordinance pertains to only the county officials and people in commerce

So violations of ordinance, the court cases I have here, they have every quarter's court within county.

So therefore, ordinance is not really a crime.

And here it says under sub-item one, law means a state or federal statute, an ordinance of

a local governmental entity, or a rule adopted under a statute or ordinance.

Now question, what type of people can a rule adopted under a statute or ordinance be binding

Second thing is, an ordinance of a local government entity.

in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality

this case with a municipal court that arise under an ordinance of the municipality.

And that ordinance applies to the extraterritorial jurisdiction as set forth under 216.902 local

that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance

over a corporate ordinance of a municipality?

over a municipal ordinance.

jurisdiction concurrent under ordinances?

or public intoxication, or a violation of a penal ordinance.

or a violation of a penal ordinance of a political subdivision other than a traffic offense.

A penal ordinance.

How does a municipality create a penal ordinance?

How does the ordinance get to be law that is compliant with the state constitution?

and rules associated with that camera are by ordinance, which as we sat here and talked

its operation is through ordinance, not through state law.

ordinances right out of the water.

ordinance or state law.

the authority dealing with the city ordinances and so on and so forth to do what it does

clause basically prohibits city ordinances from being utilized and authorized and empowered

Now since an offense under this title involves a city ordinance and not a state law, and

we've eliminated the possibility of an ordinance being valid law because it's in conflict with

It would seem like 12-1-3 therefore solidifies my argument that city ordinances can only

ordinance.

that city ordinances don't apply to you and I, never have, absolutely cannot.

I'm concerned with the ordinances, which Andy has talked about.

Therefore, their ordinances and their resolutions would once again be binding only over those over whom they have direct authority,

Now, you've spoken before about city ordinances.

You've got all these city ordinances that say keep your grass this high, we'll write you a ticket

And it basically trumps all state laws and county ordinances and such regarding the procedures and processes that have to be adhered to when it comes to what's necessary to perfect the filing of a lien.

Well, the other thing is, is this alleged enforcement occurring under a state law or municipal ordinance?

The city ordinances cannot be made to apply

Nor can any enforcement of city ordinances by any court

Which city ordinances do not

Because if it is, that blows city ordinances right out of the water

Well, wait a minute. Back to the curfew issue. Are you saying there was some city ordinance

you can't be where? They can write you a ticket. Okay, so you're saying there's a city ordinance

The curfew is implemented under a city ordinance, right?

Okay. Wait, wait, wait, wait, wait. It's implemented under a city ordinance.

Okay. They have a problem. If it's implemented under a city ordinance, the curfew only applies

to do what they were doing because the ordinance does not apply to anyone but the city employees

quoting two things from the Texas attorney general ordinance saying that they are not

security guards who can enforce no rules other than the city ordinances against the city employees

notice of ordinance unless the person's got to copy the ordinance with it so i'll hang up let's

But the right to travel was never restricted by any law or ordinance.

of law or ordinance regulating traffic, B, prohibited by law from possessing a firearm,

Foodland kids violating all kinds of code ordinances, things like that, and he would photograph

Okay. It makes it very clear. The legislators may not create any statute, ordinance, or any other type of so-called law that interferes with anything in the Bill of Rights or with any other provision of the Texas Constitution.

It's a statute for Boston Ordinance 13-1-83,

You said this was a Boston ordinance?

Now, in this regard, once again, they're charging you under a city ordinance,

Article 3, Section 29, the enacting clause of all laws shall be a city ordinance

and it was a violation of their oath of office to attempt to pass an ordinance

And what was the city ordinance they cited you with violating?

looking up the code at the time and it turns out that this law, this ordinance does not

enacted by the state legislature. A city ordinance does not meet that criteria. It is not law

Ordinances don't do that and the legislature does not enact them. The city commissioners

then he said the city has an ordinance that you can't have a camera in the court room.

Again ordinances do not apply to the people.

that that supersedes any city ordinance barring such a thing in the courtroom because this

Now concerning the argument that this ordinance only applies to commercial signs and signs

fact that this ordinance does not apply to them because they were not engaged in commerce

the fact that the ordinance does not apply to their activities because it wasn't commercial,

the ordinance does not apply to their activities because it was not engaged in commerce.

And you would cite the ordinance number and you would quote from that where it talks about

and a copy of the city ordinance, specifically to the judge stating where these are the elements

The state constitution says that an ordinance is not law, and therefore, it cannot be binding

You'll file it with the court as judicial notice of those sections of the ordinance

city ordinance, and then the exhibits are the banner and the DVDs.

Yeah, like in your motion to dismiss, stating that the particular ordinance doesn't apply

But would they say in the motion to dismiss that they were not violating the ordinance

The ordinance doesn't apply because of Article 3, Section 29.

The ordinance doesn't apply because it is written for the purpose of those engaging

clause that Randy was citing and also, number two, the ordinance does not apply to them

But I was wondering in the interim of that, what was the Texas law that required that municipal ordinances were not, I forget the legal term.

Ordinances are not law.

An ordinance does not have that enacting clause, nor is it enacted by the legislature as required in that article of the Texas Constitution.

Therefore, city and county ordinances cannot and are not law, binding upon the people of Texas.

Here's the problem that I see, when a city creates an ordinance, even if the ordinance

is based upon a state law, they're writing their own criteria for what the ordinance

to charge you under an ordinance that the constitution says cannot possibly be law?

the consent of even the state legislature to pass an ordinance, that's what it is.

If it's a county law, then it's an ordinance and therefore it's a regulation who can regulate

And that is that they cited you under a city ordinance, correct?

Is a city ordinance, according to the Texas Constitution

or it's a violation of a city ordinance, then they have a whole other problem.

And ordinances by the definition of that enacting clause cannot be law effectuating anything upon the people,

If it's city code or city ordinance or county ordinance, then the enacting clause is a proper defense.

In every city in Texas, the red light cameras are enforced via city ordinance, not state law.

And we all know what the problem with a city ordinance is, don't we?

Now they can, since you're being charged under a city ordinance, as long as they're charging you under a city ordinance

ordinance?

So this is a city ordinance you're referring to then.

They have a severe problem using a city ordinance against you and private property.

A city ordinance or a county ordinance does not have that enacting clause.

As an ordinance, it can only be binding upon those subject to the authority of the city as an employee or as a contractor.

That's the reason I said why city ordinances and these rules can be used against contractors

Did they charge you with a city ordinance for speeding or under state law for speeding?

basically, if he charged you, I guarantee you he charged you under a city ordinance.

all laws shall have the following enacting clause. Therefore, by definition, an ordinance

Well, the first thing is they would have had to charge you under a city ordinance, and

city ordinances don't apply to anybody but the city employees.

An ordinance does not have that, because the legislature did not pass it.

They cannot charge you with violating a city ordinance.

A city ordinance is not a law, it is a rule, and it is not binding upon the public.

to show that it's impossible for you to have violated a law because an ordinance is not

is through an ordinance that your city council puts into place.

Yeah, and municipal police, what we found basically, they're only authorized by under law to enforce city ordinances, right, Eddie?

And then you're also going to clue us in on the city ordinances here in Austin concerning these red light cameras.

And basically cities had to write ordinances in order to implement red light cameras.

They had to adopt ordinances that were compliant with the Senate Bill, which became law, which is actually implemented in Chapter 707 of the Transportation Code.

And then the City of Austin immediately adopted an ordinance.

you could argue that for ordinance enforcement that there's different things

that allow collection of data for ordinance enforcement,

but these enforcement provisions are set forth in ordinances that the municipalities themselves create, correct?

Well, the ordinances are only permitted if they're done in accordance with the Texas Transportation Code provisions,

You've got a Texas Transportation Code and the ordinance.

You have to have, you know, the ordinance can only be implemented in the courts with that,

and without an ordinance, they can't do this at all.

But in this case, we are saying that for the creation of an ordinance,

Yes, with the ordinance-making authority, yes.

Based upon that, constitutional mandate and ordinance upon its face cannot possibly be law.

But it most certainly is not the people of Texas, especially through city ordinance.

Well, I don't know, because they've got quite a few other city ordinances out there, and I don't know if anyone's challenged on that basis.

and any city can take advantage of this by simply having an ordinance that does these things.

I mean, ordinances are not law.

Or maybe the question has never been raised yet, because, Bill, like you said, there are lots of ordinances that attempt to enforce some kind of a law.

And apparently you can't use a cell phone while you're driving in the car, and it's under city ordinance.

Does it say in the Bill of Rights that the city can't adopt ordinances?

The legislature is not authorized to pass such legislation, enabling the municipalities to write ordinances that carry the force and effect of legislative law.

issues of using case law across state lines and the use of ordinances as binding law.

Okay, Randy, even if at the municipal level concerning building ordinances,

code ordinances and stuff, even if that's open records at the municipal level,

Are they charging you under a state law or under a city ordinance or do you know yet?

City ordinance.

Okay, well, how do they get a criminal action of one of the people out of a city ordinance?

that city ordinance is only applied to city employees.

One, trying to charge you under an ordinance which by Constitution cannot possibly apply to you.

This lawsuit here in my book is the key because what is the deal with these city ordinances

That's a completely unconstitutional city ordinance there.

Well, then what is your position on ordinances as law?

And let's see what kind of cock and bull story he cooks up as to why an ordinance is

in having to do with food carts, city ordinances, and signs.

but they haven't written up any ordinances yet to apply to signs on food carts.

There's either a city ordinance that says such and such, or there's not.

when it comes to residential areas, there's no noise ordinance.

what he's found concerning ordinances and statutes and stuff.

And one of the examples is, say for example, city ordinances here in the state of Texas.

City ordinances do not apply, can never apply to We the People.

City ordinances only apply to city employees.

Okay, so all these city ordinances that are passed concerning curfews and, you know,

Okay, maybe city employees can't do that because it is a city ordinance.

They can only enact ordinances that apply to the employees of the municipality.

They're only authorized to enforce city ordinances.

It's not city ordinances.

And even if there were traffic ordinances,

like the example of the city ordinance or a city contractor.

the ordinance against talking on your cell phone in a school zone.

Yes this is one of Eddie's major studies about when and where ordinances, statutes, rules apply

And this is a problem that we run into where ordinances or statutes or rules are applied interchangeably

Is overruled by a statute somewhere else or this particular ordinance doesn't apply to the class of persons

to enforce city ordinances.

Georgia. The ordinances and people regulations cannot be taken. They can't take judicial

notice of them, especially ordinances, because they're private statutes. They're not public

They're tired of the ordinance things, the trash violations and things.

You need to research the ordinance.

You need to find out exactly what the ordinance says and what the requirements are, if any.

Unless that's a county ordinance.

Unless it's a county ordinance, that's what I'm saying.

Well, and then if it's actually a county ordinance, then you have the issue of checking the Florida Constitution

then a county ordinance is not binding upon the public as law.

with the city and county ordinances.

City and county ordinances are not enacted by the legislature.

with? Do they apply to you? Are you contained anywhere in it? Is it an ordinance? Is it

Right, and that ordinance should be challenged as unconstitutional in

And they cannot for any reason enact a city ordinance that violates state law

Such an ordinance would be void from its inception.

enforce an invalid ordinance are somehow ignorant of the fact that it's invalid.

so that they can give municipalities the authority to create ordinances,

granted the municipality the authority to enact ordinances.

Therefore, no ordinance, whether it be city or county, has the force and effect of law

I found this in the code too, no violation of any ordinance of the city of Madison shall be or be construed to be a misdemeanor

Nor shall imprisonment be imposed as a punishment for violation of any ordinance

If the ordinances say that they can't be charged with a misdemeanor

Well, see, what I think they're trying to do is they're charging them civilly with an ordinance that looks like a criminal state statute

and turned it into a city ordinance to create revenue for the city,

I don't see how the municipality can charge you under an ordinance.

They have to charge you under the state law, not the ordinance.

and you get disorderly conduct, there's an ordinance violation,

Well, a municipality is not required to create an ordinance,

but the problem is they have created an ordinance that is distinct from state law.

not under the ordinance.

They can only charge their employees and their contractors under the ordinance.

Unless the charge relates to a city ordinance, in which case it wouldn't apply to you anyway

you know, for like an ordinance violation or something, I guess.

But now that would also depend upon whether or not the ordinance involved a

But the problem is, is who can be tried under the ordinance?

the ordinance itself is not law.

And it takes an extraordinary burden to establish that these ordinances are invalid

but that would require the passing of another city ordinance, so maybe that's a little bit off the mark.

Did they charge you under a city ordinance or did they charge you under a state law?

Under a city ordinance.

Okay, and is this city ordinance based on a specific state law?

It's an Austin city parking ordinance.

If it is not based on a specific state law, the ordinance cannot be used to charge you.

And what was deprived was that the city has an ordinance that is not...

Well, you're going to look and see what they're basing the ordinance on.

In order for the ordinance to hold any weight whatsoever,

there must be an accompanying state law or the ordinance is invalid.

Ordinances are not law.

He says, well, only traffic violations can see a judge under city ordinance.

The phrase, contrary to the ordinance of the City of Round Rock, does not conform to the

The proper phrase is, contrary to the said ordinance.

The specific ordinance alleged does not cite within the body of the complaint.

the complaint does not have to cite the specific ordinance.

unless there are specific ordinances against solicitation

For not having stickers on it, is there some city ordinance that says you can't have a car on your property that's unregistered or something?

So I did what I suggest you do, read the ordinances

to introduce the city ordinance as the charging law, but we're going to overcome that argument

city law, specifically ordinance such and such, and the defendant is already aware of

And your commentary is, not only was the specified city ordinance not written and enacted by

or rejected by the other. Once again, the specified city ordinance did not originate

And your commentary will be, and yet again, the specified city ordinance was not read

it voted on to pass such ordinance without the required reading by a four-fifths majority

So judge clearly, under the Texas Constitution, a city ordinance is not law that is binding

and given city ordinance civil citation.

They charged him under a city ordinance from which all appearances there is no state law

behind this ordinance.

That right there nullifies the ordinance nine ways from Sunday.

No ordinance can be treated as law without the force of law behind it and even if it

could, if they're only charging under the ordinance they cannot use it against the people

because the ordinance itself is not and cannot be law.

That be done under the Texas Constitution and these people still think an ordinance

I would quit dealing with it like it's a personal attack on you unless you can show where the ordinance or rule

Just like municipal ordinances, it only applies to municipal property,

more than $2.8 million defending an ordinance that required businesses to investigate the

caused the city to rescind an ordinance and welcome back immigrants. And Arizona has been

I take it this is probably a Cleveland, Ohio city ordinance.

tells you what alleged law statute or ordinance was violated. Now it may name an offense but that

If the accused is not informed as to what statute or ordinance or law was actually violated then you

Number two, I received eight municipal civil citations for alleged ordinance violations.

claiming that these civil ordinance violations were civil offenses

It was commercial ordinance violations for taxicab.

So they use their taxi ordinance to do it.

But does the taxi ordinance apply to the sedan service?

Ask the sheriff to supply you with whatever alleged statute or ordinance

If they give you a statute or an ordinance,

or ordinance of a political subdivision of this state, for which the sentence to a term of

The other part of this that I would like to point out is that Austin has a city ordinance

or that ordinance against people because the ordinance itself is over broad and undefined.

It uses several terms such as intimidate that it does not define in that ordinance.

There is no state law backing this ordinance up either.

the ECAD or the Energy Conservation Audit and Disclosure Ordinance that often has, and actually

them by this ordinance enacted. And number three, what would our remedies be under this? Because it

seems, it's my understanding that these ordinances are unenforceable except to the city employees

The authority to force homeowners to get the audit is the city ordinance. The city ordinance

would repeal that ordinance. Personally I don't think that's going to happen, but I mean that's

has some comment on this city ordinance business as well. We have to, I'm going to take a stance

City municipalities cannot enact law and all city ordinances technically only apply to city

ordinances and many of them carry penalties. Now they can only fine, a municipal fine can only go

up to five hundred dollars, but I mean you know that's they pass a homeless ordinance and no sit

ordinance that's just one one small example. Right now they've turned it into a crime to be

this ordinance does is make the presumption that everybody's a crook and they wouldn't make full

disclosure about their home. Well you know we're talking about that one ordinance but let's talk

about another one what about the ordinances that protect our water quality over the aquifer

went all the way to Texas Supreme Court and that ordinance stood up. So right there you're talking

why that ordinance stood up is what I'm what I'm getting from that. Well I'd like to see that

And not, wait a minute, legislation, I mean, city councils can't legislate, but you're talking about ordinances that they may pass or resolutions or something, right?

here in the City of Austin that apparently the City Council has made ordinances concerning and resolutions concerning

in order to get the ordinances shot down?

one of my municipalities here, one of the things they were trying to do is ordinance

County ordinance, city ordinance, whatever it is.

First thing is, you want to see what alleged rule, law, or ordinance they're using to try

You need to go down to the office and demand to see whatever ordinance, statute, regulation,

And how can I back that up with statute or ordinance?

Therefore, ordinances cannot be used against the people for those purposes,

because an ordinance is not law-binding upon the people,

What if the ordinance can be tracked back through to an enacting clause?

Then you need to find out if the state law upon which the ordinance is based was written to apply

and it's city ordinance he was trying to charge me with.

They wrote me up in violation of an ordinance, which pertains to the same statute,

know, any ordinance number, it's just sort of a vague description of something

that possibly could relate to an ordinance infraction.

Oh, city ordinance.

under a state law or a city ordinance.

If it's a city ordinance, I want to know where that ordinance got the authority to put up that sign

The complaint in the case clearly stated that the defendant was being charged under a municipal ordinance.

However, the complaint was defective because it did not specify anything regarding and against said ordinance

in the conclusion of the complaint, which it must do if it alleges an ordinance.

when the complaint clearly stated it was a city ordinance.

within the authority of those ordinances sufficient commercial nexus to allow the disarming of the

On top of that, there is no statute, no city ordinance, nothing on the citation.

Okay, so I've got a municipal court case for violation of a municipal ordinance.

All right, now back to this city ordinance thing. So they're saying that you violated

a city ordinance here by failure to display and Eddie and I were discussing on the break

what city ordinance is this? Can you read us what's on the ticket?

Okay, but did he list a specific city ordinance number that he's accusing you of violating?

Yes. Okay, and it's a city ordinance code?

Okay, all right, so you're saying there's a city ordinance number on the ticket but

You mentioned something about that the city ordinance is not an valid law to try me in

So as a taxicab, those ordinances will apply.

That's what you said the statute just says on the ordinance.

He can only prosecute violations of municipal ordinance, not violations of a state statute.

What if the ordinance being violated is indeed a municipal ordinance, then from the way you

He can prosecute a municipal ordinance violation.

Unfortunately, a lot of the city ordinances really are just that.

issue, but because the ordinance is a municipal ordinance, then if I'm following what you're

He can prosecute the municipal ordinance offense, but he cannot prosecute the offense in the

ordinance, so I'm jumping back to my first question, but you sort of raised it again.

So, Eddie, from what you said, it's kind of a big picture, can a municipal ordinance not

or a violation of a municipal ordinance not be considered a crime?

And if it's a violation of a city ordinance, it should, doesn't have to, but it should also

of the state in violation of said ordinance.

This one says contrary to sections, that can, yeah, it can say contrary to said ordinance

there because I was not working. You know, I see the ordinance says when you're not working,

city ordinance. He's trying to enforce a city ordinance? Right, and according to the

city ordinance that I pulled it off, that's counteract, when I'm not on duty, you know,

Alan. If the city ordinance is not based on state law, it's invalid anyway, but we'll

Is there a city ordinance that they're saying allows them to do it?

That needs to be something that's addressed in a lobbying sense to get that statute or ordinance changed.

in violation of the city ordinance and also in violation of some state law or something

You might want to talk to the city because they might have ordinances

Yeah, but even so, some cities have ordinances against cutting existing trees.

Yes, you might want to check to make sure there's not a city ordinance involved.

They took down all the old parking meters and that's great but they never updated the city ordinances to match the new parking system.

They pulled up the ordinances and they still have not updated the ordinances.

That's not what the ordinance says. This is what's defined as a parking meter. This is what's defined as a parking meter zone.

This is, I'm pretty sure it's civil. It's just city ordinance in Hartford.

Are they alleging a city ordinance on this ticket?

If it's a state campground, there probably are some kind of ordinances or statutes that prohibit burning of certain items and allow burning of certain items because they don't want people burning plastic and stuff like that or styrofoam because it releases too much toxins into the air.

of a municipal ordinance.

It tells you where they violated Hopatina Respa and state, county, and municipal laws and ordinances.

the initial cause. Are these city ordinances? No, more specifically, well, they're statutes. Well,

in adopting a mobile home park ordinance and they decided they're going to adopt a vicious dog

ordinance in the county. Then they backed it outside the law exactly as they did before.

Well, section 1959 of the Mississippi Code says that if they're going to adopt an ordinance in

shall, once they adopt the ordinance, it shall not go into effect for 60 days. It says they shall

within five days of adopting the ordinance in a legal newspaper published in the county,

opposed to the ordinance, then it shall be of no effect. They don't do that. Just like they did

on the mobile ordinance, it ran the last day for the first time on the day that it should have run

I listened to it, and he was talking about that the ordinances are not law, and I'm having trouble finding that where I can show proof.

You're going to have to sue them. The ordinance is not law because the Texas Constitution says it's not law.

Eddie, if the ordinance is based on state law, then it's valid. Is that correct?

The ordinance is based upon state law still creates an issue. How does a non state employee that has no oath of office, no anti bribery statement act under the power and authority of the state?

Yeah, that's a fatal error. They have to specify what ordinance or what statute they're charging you under.

I found everything they're talking about. Your citation does give you the specific ordinance sections to look up.

What's a law versus an ordinance? How's law made versus an ordinance? So on and so forth.

An ordinance, by definition, cannot be a law.

The only people that can be bound by the legal duty prescribed in an ordinance are those that are employed by the city or that are contractors to the city

and who voluntarily made themselves subject to that ordinance via the terms of the contract.

And I can find where they've approved counties to pass the ordinance for this, but it has to go before a vote of the people.

But I can't find any word where it says that the city, if they gave the city's authorization to adopt the ordinance for it, the same thing.

And he saw this same ordinance in the county for four or five years.

Well, the other problem for municipalities is, is their ordinance can only have any effect at all if it's based on a state law.

If there's no state law for them to base that ordinance on, then it's dead in the water anyway.

But I will, I will find more about this law versus the ordinance and find where the, how the legislature set it up to make the law.

As I called in last week and talked about a ordinance violation,

That's going to be under ordinance. An ordinance by definition is not law, at least not in Texas.

once into its jurisdiction relating to ordinances and another in its jurisdiction relating to

most a city attorney's authority to prosecute can only be for violations of a city ordinance

Does the ticket tell you what you're being charged under as far as what statute ordinance or whatever else?

And then we have sub-paragraph three, which says to redress the deprivation under color of any state law, statute, ordinance, regulation, custom or usage of any right privilege or immunity secured by the Constitution of the United States or by any act of Congress providing for equal rights of citizens or of all persons within the jurisdiction.

Okay, but the bottom line here, this sub-paragraph three of paragraph A of Section 1343 of Title 28, that's how you bring these violations and color of state law into the federal court system because you're redressing the deprivation of your rights under the color of any state law, statute, ordinance or regulation.

You're bringing violations of right of your fundamental rights that have occurred under color of state law or ordinances.

it's my contention that they don't have authority to enforce a statute that they could only enforce an ordinance.

An ordinance cannot exist unless it's based on a state law.

The problem, however, is how does the ordinance get authority over the people in general?

So the argument becomes how can an ordinance be binding on someone that is not a part of the corporate entity known as the municipality

finding... Mainly because parking tickets are generally issued under city ordinances

and I talk about ordinances a lot. Okay, well I try to find the traffic or the parking laws

Here's the other thing. What governs the parking? Is it state law or is it city ordinance?

ordinance for example and you have law and constitution that says the only political

state under an ordinance that that locality, that local government entity wrote? The state's

statute or ordinance or rule or regulation deals with the enforcement of that alleged violation,

So you have no clue whether they're trying to charge you under an ordinance, a state

law, a county ordinance, or just a general rule that somebody made up on the fly.

The city ordinance that allows feeding just 25 people crosses group that all 40 hungry souls who arrived. The police use their excellent counting skills to detect the crime and nabbed the hardened lawbreakers.

Despite a city ordinance that allows feeding just 25 people,

complaint in the file, they still do not mention a statute or a city ordinance, nothing.

And they don't mention a statute or an ordinance on the complaint either.

If you get a copy of the complaint in the file and it doesn't state a statute or an ordinance

This is just an ordinance violation, but they're demanding that this guy pay $32 for a jury

Yeah, I was involved helping this guy with this ordinance case,

apparently at least in this city there are no ordinances on the books that to

there's no ordinance because the Texas Transportation Code specifically

tree trying to petition City Council to pass an ordinance to regulate you

they can't pass a regulate they can't pass an ordinance like that anyway. I'm

city council still couldn't pass an ordinance to regulate him because there

ridiculousness of these city ordinances that have been proposed by the city staff

to draft up an ordinance and the ordinance would come back the draft

ordinance would come back it's just totally preposterous stuff like requiring

proposed draft ordinances were not even compliance with state and federal law

an ordinance to regulate Chris's activities because there's nothing in

or any potential ordinance would not stand in court because he's not engaged

Yeah that's one of the reasons why Texas law is very clear that a municipality may not enact any ordinance of any kind relating to the registration of motor vehicles.

Now of course that wouldn't apply to someone's private car but they can't do anything as far as ordinances are concerned regarding registration at all.

And that would be exactly why they wouldn't be able to get away with something like that in Texas because the ordinance already are the state law already forbids the municipality from doing anything regarding registration anyway.

I went up there and the police officer said that the two vehicles that were parked in the driveway were in violation of the city ordinance that requires the vehicles to be registered.

I said I know what this is all about. I've dealt with the same situation in the city of Bridgeport and I said if you take any action against me, if you force me to pay a fine or remove the cars or any action at all is taken against me in enforcing this ordinance,

So I started basically carrying a digital recorder and trying to have it available for any aspect of the enforcement of this bogus ordinance and any threats, intimidation directed towards me and also to capture any kind of evidence of crimes being committed.

It was a bogus citation without merit because the ordinance in Robinson governs real property located in the city of Robinson for residents or property owners and they issued this citation to me and it was without merit and without jurisdiction.

And I re-requested by stating I want a record made of this court hearing because I intend to sue the city, the city police, the city attorney, and everybody who's had anything to do with this whole ordinance enforcement

the clerk that was in the courtroom, and the city attorney who was prosecuting the alleged ordinance violation against me.

This was just a first appearance on this ordinance violation and so it was not a trial of any sort.

This ridiculous grass police type of ordinances and you wanted it to be a court of record. You brought in this recorder, this audio recorder. The judge reads you the statute. They proceed with the hearing. You turned it off when she asked you to and then she says you're free to go.

because they said that they were in violation of the city ordinance

Whenever I discovered what the language and the ordinance was all about,

and what I might need to do to comply with the ordinance.

And so I was very inquisitive about the ordinance and how it's applied.

That's one of the points of this whole statute or this ordinance is that they go as far as to even make it to where if you are even changing the oil in your car on your private property or the spark plugs even.

So Michael, this woman you knew, she got her car basically stolen off her property while she was in the process of repairing it and I want to get your take at some point concerning who is behind this ordinance.

It sounds to me like the car repair shops may be behind this ordinance because it would make it literally so that nobody could repair their own vehicle on their property.

Okay, so let me get this straight. Okay, the city of Bridgeport has this ordinance that people can't have inoperable or unregistered vehicles on their property.

Yeah, the Transportation Code in Texas specifically forbids municipalities and counties from enacting any ordinances regarding the registration of motor vehicles.

Now they can enact ordinances dealing with permits, like for taxicab companies or something like that, to operate within the territorial limits of the city, but they cannot touch anything in regard to the registration or titling in any way of a motor vehicle.

And I was saying there will probably be an Illinois statute to that effect, and then you said you researched the vehicle code there and said that the municipalities can enact specific types of ordinances, but

I'm willing to bet if you read it a little bit closer, there's two things. There has to be a state law that supports the ordinance, and I doubt if it's going to give them the authority to enact ordinances that have the ability to interfere with actual state enacted law on the same subject matter.

or interpretation to enact ordinances that govern any kind of vehicles on private property within the city of municipality limits.

I think that they're going to run into trouble and that law is not that these ordinances are not going to stand.

Mainly these ordinances, from his research, it has to do with derelict or abandoned vehicles.

In 2005, it had passed expired about six months or so. And so the city sent another notice saying that I was once again in violation of the city ordinance

And what's significant about that is that in the language of their ordinance, they claim that the ordinance exists to eliminate junk and dilapidated motor vehicles from the city municipality to protect the health, the safety and the well-being of the residents.

The whole thing is ridiculous. This is the sort of thing that I call the grass police ordinances for the health and safety and welfare and well-being of the people.

Well, it should be. If it's under an ordinance, it has to be.

Correct. Now, if they say you violated a particular ordinance, now this is where?

Okay, first thing I'd recommend you do is look at whatever ordinance it is they're trying to hit you with and see what it says.

If the city is trying to create a criminal ordinance, I would say that's a very severe problem.

Should I ask them if this is a civil or criminal ordinance?

then because those are managed by city ordinance, once again, we get the issue of laws being directory versus required.

Only rules lose ordinances.

Are they trying to charge you under a city ordinance or state statute?

decibel noise ordinance in Austin relating to residential areas.

So in this case it would apply to ordinances as well folks.

And I have these cops telling me, you know, it's a privilege to travel and all this stuff. And oh, that's for commercial vehicles. And even that's under city and county ordinances. But I just always mean to get both you guys in studio.

A code violation, it depends on whether or not the code you allegedly violated is an ordinance code versus a state code.

No, these are ordinance codes.

They say they're code violations of their ordinance.

Okay, that's a city ordinance. David, it's not just a code.

First off is the city ordinance based on a state law.

Did they tell you what alleged statute or ordinance they're charging you under?

It's an ordinance code violation.

You said they're charging you under an ordinance.

Uh, in this ordinance, does it say anything about backing into a space?

Okay, well, again, what is the alleged reason for this ordinance?

In the meantime, you heard what I've discussed before about whether or not an ordinance applies to the people versus city employees and contractors.

It's just an ordinance doesn't apply.

If your constitution, just like ours specifically requires all laws being acted by the legislature, then an ordinance by all definition cannot be called a law.

Hannibal, I thought there was an ordinance in New York that made it illegal to be a person of color.

And Hannibal, remember when you're going into the civil case, remember that a city ordinance can never trump over state law.

then the municipality can't just write an ordinance saying that they can just do these stop and frisk.

Was the officer attempting to charge your son under statute or was he attempting to charge him under ordinance?

So almost always skateboarding will fall under an ordinance rather than a statute because it's local to a municipality

Okay, if it's municipal code, it is ordinance. Here's the deal about ordinances

Or speed ordinances or the speeding statutes or the reasonable and prudent speeds on the highways there in Missouri

So there are really no laws here other than ordinances and codes and if we're not employees

of the corporation or public entities then those codes and ordinances don't apply to

to that of a surfer or slave and therefore subject to statute laws or more correctly ordinances and

and these really aren't laws. They're just codes and ordinances of private corporations,

their agreement that their codes and ordinances that they're trying to rate you with don't apply,

piece of revenue they can get. And so their ordinances and codes are ignored by their own people.

then I direct you to enforce the ordinances of the municipality, the county, and the laws of the state.

San Antonio. Okay. So was this a city ordinance they were charging you with violating?

Yes. City ordinance 5114.

And she looked and she said, no, it's not a law, it's an ordinance. And I saw 5114.

Have you read the ordinance?

Okay. The first thing you need to do is read the ordinance. Okay?

There's two things you need to remember. Most cities do not define the terms and phrases used in their ordinances, which means they can use them to encompass anything they want, anytime they want.

It's how they use the ordinance to steal money.

The second thing is, is an ordinance is not a law. In the state of Texas, only the legislature has the authority to make law.

If they try to tell you that this ordinance is a law, they're lying through their teeth, and I would sue somebody for misrepresenting what the law actually is.

Yeah, and see, Esperanza, this is like a criminal case, a violation of an ordinance.

But I remember looking on the website that shows the ordinances and the last time I looked,

there is an ordinance where if that happens and you're not registered, they can issue

First and foremost, an ordinance is not law.

And any city councilman that wants to take me to court over an ordinance issue, buddy,

This is consisting of confinement in jail or imprisonment. So if the statute, not the ordinance, but the actual statute that the ordinance has to be based on, does not authorize any type of punishment other than a fine, the court is powerless to institute any other punishment.

And also, city ordinances do not apply to the average citizen unless the ordinance is based on state law.

Otherwise, if a city ordinance is not based on state law, it cannot be binding on the citizens.

But you'd have to look at the actual ordinance to see what it says it's based on in state law.

you know, if you're not dealing with all these victimless crimes and all these petty ordinances, then you might actually be able to make it work

He is looking through the Austin municipal ordinances

However, Tim has gone through the ordinances

and he can't find an ordinance that created

the governing body made by ordinance

Well, if there's no ordinance, there is no court of record,

Well, unless we can come across an ordinance

court of record by ordinance.

The governing body made by ordinance create that municipal court of record.

they decided to throw them in jail for four hours under a city ordinance

or I'm sorry the ordinances.

Now this is another thing I absolutely hate about city ordinances.

But because their ordinances they think they can write them in such a way

Your city councilmen enact these ordinances.

Well, that doesn't make any sense. Those people should be going to the Municipal Court if it's classy, Ms. Demaner, under city ordinance.

We're discussing the situation with this outrageous accusation under the city ordinance.

We'll go over the language of the ordinance in a little bit again as well.

That's exactly my argument on an ordinance. An ordinance is not law.

And if you're going to charge me with anything, you can only charge me under a state law because it is not possible for me to violate as a private citizen any ordinance.

It simply isn't possible because the ordinance cannot be anything to me but directory.

Well, if I don't want to do it that way, that cannot possibly put me in violation of that ordinance.

It is issue of corporations being private corporations, and their ordinance is being rules that apply to members of the corporation.

Say you have a person who has an issue that involves city ordinances.

And what steps would you set up? What claims would you make and in what order in order to address this issue of the municipality lacking capacity, constitutionally and statutorily to enforce their ordinances?

There is a city ordinance here that requires people to follow an order of the police.

Class C misdemeanor here in Austin, this ordinance, well, they get taken downtown.

I'm going to pull up the city ordinance right now.

And this is from the Austin city code, the city ordinance.

Code section 10 dash one dash two ordinance 031023 dash 13.

One has to be a ticket that I got, a pedestrian roadway city ordinance.

Okay, it was happening, it's called pedestrian in roadways city ordinance.

Violation is pedestrian in roadway slash city ordinance.

Have you seen the ordinance that that's supposed to refer to?

Well, I'm sorry to say I haven't read the specific ordinance, but I was hardly in the street at most half.

You don't know what the ordinance is, so you don't know how to argue whether you were in violation or not.

You waited until Monday at 9.30 and you're calling us tonight when you've had since October to read this ordinance?

But go down tomorrow and see if you can find out specifically what ordinances you're being charged with.

I was working with Tim Ulrich, we were going through the ordinances online for Austin,

The other problem is that this court is operating as a court of no record according to the statutes or the ordinances.

And it starts off in that section stating very clearly in 30-point quad-03 that a municipal court may, by ordinance,

Well, Austin created the original Austin Municipal Court in 1984 by ordinance as a court of record.

Well, when you go find the new ordinance that the City of Austin put together to create and establish the Austin Municipal Court,

In fact, their current city ordinance, according to chapter 30 government code,

a city can only have a court of record if they enacted that court of record through city ordinance.

The statute or the ordinance that created it as a court of record was created in 1984.

Since then, that ordinance has been superseded by a new ordinance which only created the city of Austin Municipal Court.

So that's something everybody needs to be looking at in their city ordinances versus their municipal courts.

A city only can and must create a court of record by ordinance.

And just like an ordinance, the regulation is only valid if there is a state law upon which it's based.

Is there an ordinance requiring you to leave the property at a given time?

Is there an ordinance requiring me to leave the property at any given time?

Oh, I don't know, man. I figure. All right. So in front of the jury, when you're in front of the jury and the prosecutor and the judge, I guess the prosecution reaches your case and you're called up and the prosecution attempts to start to state that you were a violation of the violation of ordinance.

Ordinance is something different. An ordinance is not a law.

into the additional ordinance that were inside the building.

story, because he saw some of the unexplored ordinance, we just weren't able to get that

officer involving a violation of this code or any local ordinance adopted by the Adelaide

the parking citations are going to almost always be under city ordinance okay city ordinance okay

up a passenger okay then you're going to look in the ordinances for the exact same thing okay if

the ordinance does not take the state exception into account the ordinance is invalid it cannot

Are not enforceable because the city passes in ordinance

They've agreed to the no smoking ordinances and the no smoking laws

We've gone through the city ordinances.

There is no city ordinance creating the Austin Municipal Court or the Downtown Community Court as courts of record.

The ordinance does not specifically create the court as a court of record.

They weren't created by ordinance as courts of record.

It says right there in the statute on them or the ordinance on them that they are tried

it's referred to as weath and debris, it's a town ordinance.

and I think that there is actually a law backing up this ordinance.

that ordinance is backed up by law or valid.

with the state law or the ordinance?

If they're charging you with an ordinance

And that seems to fit with Eddie's argument that the municipal ordinances only apply to municipal employees or to someone who's entered into a contract with the municipality.

Well, I can guarantee you the thing that's changed is that they have dumped a cornucopia of new ordinance out there that now makes it easier to violate breathing.

So odds are you're now being accused of being in violation of hundreds of new ordinances that didn't exist when that original complaint 20-some odd years ago was out there.

Objection, every time they attempt to use one of those terms from any of those ordinances or codes against you in court.

Code enforcement is operating under city ordinance, correct?

What is city ordinance?

And the backup to that is that the ordinance cannot supersede the state law.

A good example being in chapter 30 of the government code where it says that a municipality may create a court of record by ordinance.

But that simply means if you're going to create a court of record, it must be by ordinance.

and city ordinances.

In other words, uh, they haven't followed their ordinances as it is and they just come in and

the premise upon which a law or ordinance has been promulgated.

Well, actually it's an ordinance number.

Ordinance?

I'm not looking at ordinance, I'm looking at state statutes.

That's the state statute number or the ordinance number.

If they're charging you under a city ordinance on the other, the first thing you need to find out is where you within the jurisdiction of the city.

And then, does the city ordinance take into account that you're in a motor vehicle which would be under state transportation, which by the way is chapter 94, or I'm sorry, 194 of the Wisconsin statutes?

Okay, the ordinance number was 10.04.010.

I don't need the ordinance number, I need to know if it tells you that it's mirroring a state statute like the other one did.

This would go to the city ordinance, wouldn't it?

The city ordinance would still have to be based on whatever the commercial or the vehicle code or the transportation code is.

That covers statute, ordinance, or anything else they pretend to throw at you as if it actually applied to you.

And seven, it must conclude with the words against the peace and dignity of the state and if the offense charges an offense only under a municipal ordinance, it may also conclude with the words contrary to the said ordinance.

or told to enforce a law or statute or ordinance or regulation that obviously violates the

One thing I would like to see is the end of these ordinances that over-regulate the lives of Austin citizens.

And you were talking about these ridiculous city ordinances that you want to do away with, and I want you to keep going with that.

For people, many people may not realize, you know, it's not just a matter of being invasive or cumbersome or ridiculous or a seeming overreach of big government, all these outrageous city ordinances.

Any ordinances that they pass have to be backed up by state law.

And the only ordinances that municipalities can enact that are not based on state law are basically like rules of employment.

Okay, ordinances that are basically like rules of employment that apply to city employees do not have to be founded on state law.

But any ordinance that is binding upon the public, upon the citizens in general, has to be based on state law or else they can't do it.

And so it is an illegal ordinance, and I have to say, I'm not very happy with certain entities like even HEB, for example, who are obviously on board with this and are trying to get their customers to go ahead and buy the cloth bags or whatever.

But please continue about these ordinances that you intend to do away with.

And as you've described, most of these ordinances are blatantly unconstitutional.

because as you were talking about the taxicab ordinances,

I just got a notice of a city ordinance violation

Having chickens in Cedar Park, I went over the ordinances

It's not against the city ordinance

Even though I didn't sign any contract saying that I was going to hold myself to their ordinances

Where is the statute rule ordinance that makes it illegal for a chicken to give dogs fleas?

all things, ordinances and how the cities and the counties are using them against private

you'll hear me repeat over and over and over. Ordinances are not law. They cannot be law.

them to do. Now, let's look at how the city through their ordinances has arranged this

little process. They create an ordinance. The ordinance allegedly gives some city bureaucratic

article. Let's get back to the straight-up subject of ordinances versus laws. Now, I

teach the people in my class that ordinances are not law. They cannot possibly be law.

Now let's go back and talk for a minute about why an ordinance, whether it be county or

That was criminal. So all of these ordinances that say that you, like I was discussing earlier,

under an ordinance. Well, I just proved to you through constitutional language, an ordinance

It's a city ordinance.

Yeah, that's always the first rule, folks. You have to read the law or statute or ordinance they're attempting to come after you with.

is when it comes to city and county ordinances over who we actually authorized to create

ordinances, they're not enforcing laws. They are absolutely only enforcing corporate rules and

But no, I mean, that's why, I mean, that was the cleanness behind my asking him whether or not you're charging me under a state statute or you're charging me under a city ordinance because I'm thinking you've only got the authority to go under a city ordinance in which case that's administrative.

Did you check the city ordinance to see who the traffic regulations apply to?

charged on. This is a city ordinance. This is a statute, something. I need something to go off

city ordinance, or a hospital, or whatever. If I don't have anything, I can't provide a

This is screws the US. Take the case of a local officer who persists in enforcing a type of ordinance which the court has held invalid as violative of the guarantees of free speech and freedom of worship, or local official continues to select

If you're being charged with violating a municipal ordinance, then there would have to be a city attorney there.

They only have criminal jurisdiction in fine only misdemeanor cases involving state law or fine only offenses under municipal ordinance.

Is that a, is this a municipal ordinance?

In violation of city of Elgin ordinance number 2010-09-07-12.

They send it to the Elgin Police Department, who then uses the information to assert a violation of some alleged ordinance.

trying to hold this proceeding under an Elgin City ordinance. Well, I got news for them.

A police officer cannot adjudicate an ordinance any more than he can a state law. He's an

Yeah, it's basically if they're charging you on them under an ordinance.

Yeah, municipal ordinance. But even if it weren't municipal ordinance, which we maintain

the municipality can only write an ordinance that affects its employees, even if it didn't,

Well, I'm sure they're going to claim to that, that ordinance is the breach of contract.

See, here's the problem most people don't seem to understand about ordinances. You have a constitution in Wisconsin?

Now, the problem this creates for city and counties in relation to ordinances.

So that works no less different in the realm of ordinances and ordinance is only legally binding under the constitutional laws of your state if you are a city employee or contracted with the city or the county.

If you check the ordinances and everything regarding zoning, you will find out very quickly that they can zone property for particular uses, but they have no authority to deprive the rightful owner of that property of using it.

All right, so all things considered, when you look at what an ordinance can only be according to the state constitution, then they've got a problem enforcing that ordinance against the people because the people never agreed to be bound by anything other than the general laws of the state.

So what you need to find out is if this ordinance is actually based on a state law and then whether or not this state law is geared specifically toward a particular regular activity or a special class of people or subject matter.

Okay, yeah, no, it's not. I mean, they're basically just saying that the property is used for storage and they've got ordinances that talk about storage facilities, all right, and then what they're trying to do is coming over the private with the public and they're using just storage as a naked word.

Exactly. So you need to know what the definition of the ordinance of storage is and say, excuse me, how do I fault one within your jurisdiction under these ordinances and two, how do you ignore the definition of your own ordinance?

Right. Well, they use the same, well, I guess what I'm trying to say here and not doing so well is that they use the same statement for all three varieties of property that they have in the ordinance, one of them being private.

because some group of individuals declared it to be so by enacting some statute or ordinance

But I do find all kinds of their ordinances or statutes saying that they can't do any of this stuff without turning their lights on.

He does not expressly have in that you were not in commerce and therefore not subject to his laws, rules, ordinances, whatever he calls them.

The problem with the surcharges amounts to the same thing as a whole host of other fines and fees that are declared by statute only in the transportation code and ordinances and everywhere else.

He was accused under a municipal ordinance called official oppression, by the way

Were you charged with violating a state statute or city ordinance?

It was a county ordinance.

It was an ordinance then?

If it's an ordinance, what makes you think it applies to you in the first place?

You need to be looking for the county and the county ordinances.

agreement to abide by the ordinances of the county?

I should be looking into county ordinances, nature of the contract.

And we have counties and municipalities writing ordinances that look like law.

That's why they call them ordinances.

The ordinance, if it directly applied to you would be a law.

And the ordinances are rules of the corporation.

So think of it that way, that any ordinance, it has to be under contract.

And then look at how did I get into a contract that bound me to the city ordinances.

If these are county ordinances, the county court at law cannot enforce a county ordinance.

Who is enforcing the county ordinance in Missouri, Larry?

No, you're not going to get it thrown out based upon the officer's inability to think. That's going to be a different issue. As far as what they're charging you under, the only thing they've been charging you under is the city ordinance.

So what city ordinance are they attempting to charge you with? Did he happen to write that on the ticket?

Okay. Did he give you a specific ordinance number?

Okay. Then the first thing we're going to need to do is look up the Austin City Ordinances and see what ordinance he's trying to charge you under.

Well, you can go online and just do a look-see for Austin City Ordinances or you can come by and see me and I'll be more than happy to help you out.

ordinances. Yeah, so can I just fight them? Sure, you can fight them. A city ordinance doesn't

apply to the people. A city ordinance is not law. It cannot possibly be law and your state

It would probably have to be an ordinance, Walt.

So you'd either have to go to a law library for that particular municipality or city, and you would have to look up what the ordinances are on operating a motor vehicle on the grass in a park.

Cause one is a city ordinance which will be the littering and the other is a state law

state law and the other one is the violation of city ordinance.

and this is for a city ordinance

than just a city ordinance

city ordinance which was parked on unapproved surface

which is a city ordinance

the city ordinance doesn't apply to me

what city ordinance?

what does the city ordinance say?

no the city ordinance is parked on unapproved surface

did you read the ordinance that they're referring to?

okay but there was an ordinance

did you get a designation of the ordinance or just a name?

go back and find the ordinance

but that's specific enough that anyone can read the ordinance and say

is there a specific ordinance against parking vehicles on private property?

is there a specific ordinance forbidding people to park their cars in the yard?

So that'll make them unhappy, but I suggest to you first, go to the municipal ordinances.

Does the citation state an ordinance?

Have you read the ordinance?

Okay, what it stated was unapproved, and the actual ordinance is parking on unimproved.

Now, I asked them for the city ordinance, and what I got was parking on unimproved

they have with this charge is unless your this charge exists in relation to the new ordinances

ordinances trying to tell you what you can and cannot do but at the same time what section

of what ordinance are they attempting to charge you with uh it's

it's not clearly defined in the in the uh in the pedicab ordinance uh all of the different

infractions okay what what title are the pedicab ordinances in uh i i don't recall right off hand

city ordinances so you'll know what you're looking at okay okay once you find that uh

Well, the city of Fort Worth has a city ordinance that states that if you... If the owner of the vehicle walks back outside and demands the vehicle to be dropped,

which cannot in the city of Fort Worth, in the same ordinance, says that they cannot charge more than $100 for the tow fee.

And, you know, I got a little bit of ammunition from them. Well, anyway, I proceeded to ask him if there was any way he could drop that down to a city ordinance or non-moving, and he looked to me and said, not a chance.

This is 2308.505, a person commits an offense if the person violates an ordinance resolution

And the worst, they have a city ordinance that makes a violation a class, would you

The second thing is there is the speeding zone, I guess, with a speed limit is set by an ordinance.

I looked it all up and found the ordinance.

There's actually two ordinances that are conflicting, but I don't think that assists me because I mean, I guess they're both slower than I was going.

So while they're conflicting in some areas of the road and they are conflicting ordinances overall, they're not conflicting over the actual merit area that I was going.

201.904, Texas Transportation Code, doesn't matter whether the speed is set by state, law, or city ordinance.

The speed limits in the city ordinance is especially if it's here in Austin fall under Title XII.

Yeah, Austin City Ordinance is Title XII, and it'll tell you right there in the very first section, I think it's like Section 1-3 or something, it tells you that this title applies to government-owned and operated vehicles, and it doesn't list anything else.

because your individual cities have city ordinances that govern these particular issues.

But when you get to the justice of the peace court, she immediately tells you, I cannot hear city ordinance.

If you were to bring accusations against the towing company based on city ordinance, you'd bring that to the municipal court.

A person commits an offense if the person violates an ordinance

But on Monday, the clerk called up my daughter and said that the judge had said that she could not take into account city ordinances that that had to go over into either a municipal court or a state court.

It's the exact same problem as exists with the creation of ordinances and pretending that their laws, the legislature cannot delegate the authority to create law to a municipality or a county.

Therefore, at best, an ordinance is a ruler regulation of the incorporated entity that created it, which means it can only be binding on who in relation to the corporate entity, its employees, or its contractors.

After weeks of putting up with Willys and sulking squawks, the couple finally sued, and a local judge fined the woman $15 for violating the town's animal noise ordinance.

Okay. You need to ask the DA exactly what law or ordinance are you attempting to charge me under.

What law or ordinance are you attempting to charge me under?

Again, what does the statute or ordinance say regarding that alleged offense?

Yeah, you have to remember that most parking tickets, as long as they don't involve handicapped spaces, will be local ordinance only.

Well, the first thing is most parking tickets are done via ordinance, not by statute.

It's really cool you said that because they never charged me with the ordinance.

So they said that I was parking in a handicapped lane and there's no ordinance that says parking in a handicapped lane.

The handicapped would be, have to be charged under a state statute unless they've written an accompanying ordinance to go with it.

They charged me under state ordinance under Texas 681011.