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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

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

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

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.

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

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

This ordinance to do

I saw with one ordinance in a county close by

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

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

to our animal control ordinance in San Marcos,

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.

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.

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.

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

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

but does the parking ordinance apply to private property?

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

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

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

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

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

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.

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

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

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

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

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

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,

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?

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.

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

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

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

I've read the ordinance on that.

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

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

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?

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

city attorneys prosecuting city ordinance violations.

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

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

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

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.

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,

and the ordinance is the one that violates Fourth Amendment.

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

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

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

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

Municipal ordinance codes would not apply.

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

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.

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.

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

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.

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

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

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

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

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

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

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

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

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

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

over a corporate ordinance of a municipality?

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

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

ordinance or state law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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.

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

that allow collection of data for ordinance enforcement,

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

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

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

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

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.

That's a completely unconstitutional city ordinance there.

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

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

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

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

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

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

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

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

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.

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

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,

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

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

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

the ordinance itself is not law.

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

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

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.

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

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

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?

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

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.

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

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

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?

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

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

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

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

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

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

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

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.

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

that possibly could relate to an ordinance infraction.

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

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

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

He can prosecute a municipal ordinance violation.

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

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?

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

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

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

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?

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

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

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.

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.

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

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.

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

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,

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,

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

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,

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

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

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.

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.

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.

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

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.

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.

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.

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.

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

decibel noise ordinance in Austin relating to residential areas.

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.

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.

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.

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

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

Yes. City ordinance 5114.

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.

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.

and he can't find an ordinance that created

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

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.

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

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

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

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

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

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

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

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,

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.

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?

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

into the additional ordinance that were inside the building.

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

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

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

that ordinance is backed up by law or valid.

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.

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

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

Well, actually it's an ordinance number.

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.

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

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

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.

I just got a notice of a city ordinance violation

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

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

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.

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?

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

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

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

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.

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.

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.

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?

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

It was an ordinance then?

Who is enforcing the county ordinance in Missouri, Larry?

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.

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

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

city ordinance which was parked on unapproved surface

the city ordinance doesn't apply to me

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?

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

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?

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

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

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,

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 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.

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.

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.

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.

No, I just mean it's more of an ordinance violation. It doesn't come up to a criminal sort of thing. You know what I mean?

This... wait a minute. Were you charged in violating a city ordinance or were you charged before justice of the peace?

What ordinance are they saying you violated?

It says, I do not see an ordinance here. I have the paperwork in front of me.

If they're charging you under a city ordinance, they have a severe problem cause 12.03 of that ordinance specifically states that all traffic regulations within the city apply only to government owned and operated vehicles.

That's if they're trying to charge you under an ordinance under an ordinance

Because an ordinance is not a law and as a corporate entity

That's the only capacity in which they can make an ordinance and a corporation's

Because a county ordinance is not a law, nor is a city ordinance a law.

ordinance that they asked that you need a license for this trade. You had said that

there? Okay the JP court can't try a conviction for an ordinance unless it's

a county ordinance but the county ordinance is to be tied to a state law.

violation of a traffic law, municipal ordinance or penal law of this state or

the person is engaged in criminal activity other than a class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating.

Hey Eddie, my brother got a ticket today. It's a municipal ordinance violation for parking

So you might want to check the city ordinance to see who is subject to traffic regulations in the particular city where this was issued as well, because I know that's part of his paperwork

Yeah, there's two elements to that. The defendant was actually notified of the provisions of the ordinance and two, after the defendant received notice of the ordinance, the defendant committed action violation

jaywalking is a municipal ordinance and it has to be one they can't just say you know they can't

He didn't record the proceeding like the city ordinance says that he's supposed to do.

violated some ordinance or code.

So you need to find out what code and statute they're actually basing their ordinance on.

And ordinance has no force and effect against a private individual unless it's completely based on a state law that has an effect on the private individual.

Well, the cop is required to enforce the noise ordinance under his own authority if he witnesses a violation of it.

When this noise ordinance came into effect and I knew that we were going to be subject to these fines or regulations and all this,

Okay. Well, again, can you prove the ordinance was constructed to route business down to that area and away from others?

Get as many as possible and have them converge on the city council and demand that either A, the ordinance be changed to increase the decibel level, or B, it be rescinded in its entirety.

Yeah. You have five dogs. The San Antonio City Ordinance doesn't allow five dogs. A dog catcher showed up at your place and wanted entry to count your dogs and inspect your property.

Because that's what this ordinance is asking for, isn't it?

You can attach a copy of the letter and then you can explain here's the type of situations this letter does not address nor this ordinance and will increase the revenue for the city at your expense in the following ways.

Do you think the city can write an ordinance to make them...

No, the city can't write an ordinance that requires the apartment complex to take somebody's

They're charging with violating a county ordinance and the details of the complaint

I haven't looked up the county ordinance yet, but the state law regarding it says that,

County ordinance in a fence out state because my goats have jumped over the fence and gotten out of my yard and we catch him and bring him back and they jump out.

And he challenged it all the way up to the state supreme court and the state supreme court said the county can't make an ordinance that violates what they can make.

They can't enforce an ordinance in violation of state law, which the state law says that you can have your critters grazing at large all you want.

And have you read this so-called ordinance are saying that you violated? Yeah.

An ordinance is a municipal rule. And the municipality is, in fact, in Texas, a what?

So that's problem number one. The ordinance is not a law. Therefore, without your consent, it cannot bind you.

Second thing is, is to read that ordinance carefully. I'm sorry. Go ahead.

Well, yeah, but I mean, you don't know whether or not this so-called ticket represents a civil ordinance or a criminal ordinance.

And see, here's the problem. An ordinance that declares something a crime is in direct violation of Article three, section twenty nine through thirty five of the Texas Constitution.

Therefore, the municipality cannot create a crime via ordinance because crimes can only be prosecuted in the name of the state.

See, and that's the problem. If the ordinance has declared a crime, the ordinance is in direct violation of the Texas Constitution.

And it must exist only as an ordinance because the legislature is forbidden to create local law, which is exactly what this would have to be.

So the ordinance is, you know, just null and void. And I've got a New Mexico Supreme Court decision from last year.

Yeah, last year the state supreme court in an almost identical case the next county over ruled that a county ordinance for stating that animals cannot be running at large is invalid because it contradicts state law.

coming after her under the auspices of a city ordinance where's the agreement

between her and the city to be bound by that ordinance she applied for a permit

Saying that we don't care if you have a fence-out ordinance in your county

It's a fence-out state and you can't enforce an ordinance that violates state law

and this deals with what an ordinance is and what it's applicable to. Now, there are very

or any ordinance passed under said charter shall contain any provision inconsistent with

says about an ordinance is, is that the city can enact certain types of ordinances relating

Now, right here, just in these three sections, we have completely eliminated any possibility whatsoever that an ordinance is a law.

and that is that nothing in an ordinance or a city charter can be used to violate or interpret it in a way that violates any part of the Texas Constitution or any law passed by the legislature.

passed an ordinance this week banning loud noises in public spaces.

Specifically, the ordinance prohibits yelling, shouting, hooting,

Violations of the ordinance can result in up to a $500 fine.

It remains to be seen whether this ordinance will be challenged

passed an ordinance this week banning loud noises in public spaces.

Specifically, the ordinance prohibits yelling, shouting, hooting, whistling and singing on

Violations of the ordinance can result in up to a $500 fine.

It remains to be seen whether this ordinance will be challenged on First Amendment grounds.

In this week's Too Much Government News, the 5550 resident township of Coropolis, Pennsylvania passed an ordinance this week banning loud noises in public spaces.

Specifically, the ordinance prohibits yelling, shouting, hooting, whistling and singing on public streets which would disrupt the quiet and comfort of residents.

Violations of the ordinance can result in up to a $500 fine.

It remains to be seen whether this ordinance will be challenged on First Amendment grounds.

In this week's Too Much Government News, the 5550 resident township of Coropolis, Pennsylvania passed an ordinance this week banning loud noises in public spaces.

Specifically the ordinance prohibits yelling, shouting, hooting, whistling and singing on public streets which would disrupt the quiet and comfort of residents.

Violations of the ordinance can result in up to a $500 fine.

It remains to be seen whether this ordinance will be challenged on First Amendment grounds.

ordinance or anything else that would allow them to abrogate or derogate a

You're also going to be asking for a dismissal for lack of jurisdiction because you're not one of the entities to which an ordinance applies.

and the ordinance can only be applicable to the city employees or its contractors.

It can't be applicable to anything else because ordinance is a corporate rule.

If they're citing ordinance or statute, they're not citing law.

Statutes are not law any more than an ordinance is law.

And is it based entirely on a city ordinance or are they relying on a state law?

In other words, this is municipal ordinance that you're reading.

the Cuba City Ordinance of license plate required.

City Ordinance says a license plate's required?

Well, this, apparently the city ordinance he cited does not use the same language as

I think he said city ordinance violation, that was it,

or a city ordinance violation,

A, in this chapter, public information, quote unquote, means information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business.

If the legislature is attempting to say that the ordinance assessing and creating or creating and assessing a tax is a governmental function,

Where does an ordinance originate? City council, right?

about at the beginning of the show, and that is what an ordinance is and isn't, when you

start comparing what happens in relation to an ordinance with Article III, Section 29

Well, if they're trying to say an ordinance is a local law, then that specifically forbids

The adoption or amendment of charters is subject to such limitations as may be prescribed by the legislature, and no charter or any ordinance passed under said charter shall contain any provision inconsistent with the constitution of the state or of the general laws enacted by the legislature of this state.

by ordinance that which the legislature themselves is prohibited to create outside of the House of Representatives?

Right, now look and see if any of what the particular ordinance is or codes or whatever they're citing

Anything you do in a charter is by ordinance and an ordinance is by agreement.

I don't care what they want you to think, an ordinance in Texas cannot be a law because it's forbidden for a municipality to create anything that violates the state constitution or other state law.

And we'll write the ordinance to deal with that specifically.

And bring up the issue about you understand that an ordinance is not enacted by the legislature.

could you please tell me whether or not this so-called ordinance will originate in either house of the legislature?

Well, again, the ordinance doesn't apply to the public.

And an ordinance is not law.

An ordinance does not comply with a single provision of the Texas

I wondered maybe it's the city ordinance or something that's going on here in Austin also.

Well, there is no city ordinance that governs anything other than government-owned

and one of them was regarding an ordinance that they recently passed within the

Texas statutes, which clearly state that the wording in their ordinance applies

who are you saying that this law, this ordinance applies to?

actions that create the appearance of authority in an ordinance as law.

ordinance by allowing them to take private property instead of commercial

When I read the Missouri statutes and then my county ordinance on the subject of obeying

An ordinance is not a law.

The legal questions you have to get answers to are the issues being, does a municipality act in its proprietary capacity as a corporation if its ordinance is based on no state law?

So if there's no state law underpinning what the ordinance is attempting to do, then the ordinance is enacted entirely as a corporate policy rule.

So one of your legal issues is, is an ordinance enacted entirely under a municipality's proprietary side rather than its governmental side if there is no underpinning state law or foundational state law?

The other issue is, does a municipality act solely in a proprietary form rather than a governmental form when such an ordinance is at issue?

If they're enforcing an ordinance that has no state law backing, then they're enforcing that ordinance illegally when you don't consent to accepting it and participating in it.

law or ordinance regulating traffic at the time the force was used.

shall be being enacted by the legislature of the state of Texas. No ordinance has that enacting

legislature. In other words, nothing about an ordinance complies with the requirements of what

one anyway. The only time the word ordinance appears in Article 11 is in relation to the

ability of the municipality to create an ordinance for the election of specific officers. That's it.

exactly what an ordinance enactment would do if they tried to treat it as an actual law binding upon

the county ordinance declared unconstitutional and therefore it now becomes unenforceable

So going after me under a county ordinance claiming that I had to keep my animals

specifically states that in order for them to enact an ordinance that would have

then your city or your county cannot create an ordinance as binding law.

then it absolutely prevents any ordinance from being an actual law.

because an ordinance under no stretch of the imagination can be considered a valid binding law

San Rafael, California is preparing to enact an ordinance that would prohibit smoking

The ordinance was originally passed by the San Rafael City Council in October 2012,

The ordinance applies to all new and existing properties and does not allow grandfathering rights.

Landlords and property owners are required to enforce this ordinance through new lease language

San Rafael, California is preparing to enact an ordinance that would prohibit smoking within

The ordinance was originally passed by the San Rafael City Council in October 2012, but

The ordinance applies to all new and existing properties and does not allow grandfathering

Landlords and property owners are required to enforce this ordinance through new lease

whoever under color of any law that you ordinance regulation or custom subjects person in any

and I'm going to read you what it says, and I'm going to ask you how an ordinance meets that criteria.

Any more than an ordinance can.

Second thing is no ordinance has it either.

An ordinance is not binding law.

An ordinance is not passed by bill.

Your third piece of evidence that an ordinance is not binding law.

Point number four proving that an ordinance is not binding law.

No ordinance has been read on three several days in either house of the legislature,

That is your fifth point proving that an ordinance is not binding law.

Folks, we are going to rock and roll this evening and try to get everything lined out on how this ordinance crap works.

An ordinance or a state law?

If there's no authority for that in the state law, then the ordinance cannot

pass an ordinance behind them to have that kind of device.

pass an ordinance on them to have that kind of device.

have you bothered to look the ordinance up?

Okay. Well, first thing is find that ordinance and see what it is

an offense defined by municipal ordinance or an order of a county commissioner's

California ordinance ban on gun magazines capable of holding more than 10 rounds has

council which is what the uh ordinance says the city attorney is

ordinance passed under the charter can contain any

The citation that they handed me was an ordinance that I wrote under 257.255 under the international

Or rule or ordinance or whatever it is

They may have an ordinance authorizing them to issue a ban, okay

Where do you get authority to enforce that ordinance for anyone other than a county employee or on county property?

have an ordinance requiring that the automobile be tagged and safety and sticker be roadworthy.

It may well be the city ordinance and the property and your contract with the property

and ask the clerk to see the ordinances okay and they'll go get you the ordinance books you only

point you right to it and you put you probably ask the secretary if there's an ordinance about

and most cities will have this ordinance if you have a boat or something you put here's the thing

any rodable type equipment must be inspected and registered if the ordinance is there they can pull

I am, while we were on break, I went and looked up the city ordinance here and there's a list

There's a county ordinance against shooting firearms and using chainsaws.

There absolutely cannot be an ordinance that outlaws internal combustion engines.

Okay, that's what I'm saying. The ordinance is a fire ban, and it shows no direct jurisdiction.

Now, in the county I'm in, there's a county ordinance that says they can issue a fire ban.

You've got to get an ordinance number or whatever to actually see it

An ordinance is not a law of this state.

Now, remember, an ordinance is not a law of this state.

No ordinance meets a single one of those criteria.

And this is supposedly for high grass and weeds, city ordinance here, where we live.

Just like I'm not going to consent to any ordinance that they produce and claim that they can use against me

You can't allow a city to create an ordinance and say it has an effect on me

And how the legislature cannot make an ordinance a law simply by adding it to the definition of a term that they called and defined law

Because an ordinance by no stretch of the imagination goes through the process mandated by the Texas Constitution

Well, the thing about it is, if you read the Colorado Constitution on how laws are made and what constitutes a law, you're going to find out an ordinance is not a law.

An ordinance is not binding on anyone except city employees, legal corporate entities operating within its territorial borders, and those that contract with the city.

They took your car based entirely upon an ordinance. An ordinance is not a law. It is not binding upon the general public.

After being denied in an appeals court, opponents of Houston's Equal Rights Ordinance are asking

Well that follows an ordinance passed in 2010 that banned texting while driving.

On top of that, an ordinance authored by Chris Riley, which requires businesses in Austin

Okay, we lost the color on the ordinance issue.

After being denied in an appeals court, opponents of Houston's Equal Rights Ordinance are asking

Well, that follows an ordinance passed in 2010 that banned texting while driving.

On top of that, an ordinance authored by Chris Riley, which requires businesses in Austin

Anyhow, they passed an ordinance that bans all cell phone use while your car is rolling

And ordinance only applies to the corporation, the county corporation, the municipal corporation

This city ordinance conflicts with state law and therefore must necessarily be void.

So you're saying that the statute stipulates, the ordinance stipulates that it only restricts

What it says is you can have the phone, the way I take the ordinance to say is you can

After being denied in an appeals court opponents of Houston's Equal Rights Ordinance are asking the Texas Supreme Court to help them in their efforts to force a referendum on the law

Well that follows an ordinance passed in 2010 that banned texting while driving

On top of that an ordinance authored by Chris Riley which requires businesses in Austin with single stall bathrooms to label the bathroom as gender neutral also passed

After being denied in an appeals court, opponents of Houston's Equal Rights Ordinance are asking

Well, that follows an ordinance passed in 2010 that banned texting while driving.

On top of that, an ordinance authored by Chris Riley, which requires businesses in Austin

What does an ordinance, to whom does an ordinance apply?

Yeah, well, it was structured as an ordinance, I believe, but the ordinance code, it references the health and safety code, because that's his real authority for it.

under city ordinance for which there cannot be an indictment.

Charging people with ordinance violations

Okay. I am in a city that has no that repealed their panhandling ordinance in 2003.

which is, and why is that, sir? He said, we have an ordinance against that, against panhandling,

David. The detective does say that he advised me that the city has an ordinance against hand

to hold you culpable under that because an ordinance cannot be applied to the general public

Yeah. Well, I can't even find the ordinance and where they told me to find them.

an ordinance that established certain gay rights the churches were putting together put they put

Despite a city ordinance that allows feeding just 25 people Cross's group fed all 40 hungry

the lawsuit says the ordinance violated

The lawsuit says the ordinance violated the state's right to farm act.

The city ordinance had said you couldn't record a police officer in the performance of the duty without their knowledge,

Recently, I got into a predicament where I was arrested under city ordinance, but I wasn't arrested criminally. It was just under a city ordinance violation.

Okay. Is the ordinance based on a state law for disorderly conduct?

No, no, no, no. Listen carefully to my question. Is the city ordinance of which you speak grounded in an actual state law for the same type of offense?

So if that's the case, you need to read both of them and see if the ordinance complies with everything that's in the state law.

If it does not, challenge the ordinance on constitutionality.

You need to... That's exactly why you need to carefully read the statute and the ordinance and make sure they match up exactly.

Okay. Okay, because I also contacted an attorney and she read the police report and she was like, well, it looked like you did violate the city ordinance and they could have...

Again, if the city ordinance does not exactly match the state law, it's invalid.

If the words create a different set of conditions to violate the ordinance other than those required by the state law, there they have a problem.

Okay, of course I'm the one who thinks you about regarding the ordinance violation in Dallas regarding the school bus stop arm program and my mother and her little issue.

For the listener's value, it's the City of Dallas municipal ordinance that is the alleged violation or infraction or whatever.

Anyway, I demand that the City of Dallas show a home rule municipality's legislative authority to implement an ordinance that appears to be an attempt by City of Dallas to, do I say, legislate there, rule make, overrule the legislature?

You mean the ordinance does?

You need to check the ordinance very carefully.

ordinance that says they can do it. That would be a violation under color of

ordinance then, correct? Yes. Under color of law. Okay. That's not so easy to

answer. If they did have a ordinance that said they can do it, then they're

the ordinance itself is unconstitutional, that's a different issue. Or that it

particular ordinance would not apply to this man's home, for instance. Okay. Did

charters are written. That's not the way the ordinance are meant to affect in

home. It's impossible. Okay. The problem with that is if the ordinance is

facially valid, then you would have to prove the ordinance unconstitutional or

ordinance but in violation of your rights. I recently called 911 and asked

actually define that particular property as something the ordinance can apply to.

Technically, you're using, yeah, with the city, use an ordinance that's only

state is doing with the licensing schemes and the ordinance schemes

why the city that runs these courts tries to criminalize any ordinance violation.

The ordinance that was a fence.

know that the county court has authority to nullify ordinance attempts. They might, but,

you know, considering that the ordinance is a city may sit in more than one county,

the ordinance is unconstitutional because it converts a state criminal act into an ordinance

ordinance itself, I mean, it literally has a section in there that says that it is presumed

the unconstitutionality of the ordinance itself, or would that be something I would

They're one and the same. It's unconstitutional because it's an ordinance pretending to be law

it's unconstitutional because it's an ordinance pretending to be law and it's an entirely

administrative ordinance with no judicial review that assesses a punishment.

So I said, you know, I wanted to see an actual revised ordinance right there in front of me

Because anybody can buy a revised ordinance and a revised statute.

So they can't create an ordinance that says register it or we will tow it because that violates that section of the state law or the state statute.

Now they said they had a new ordinance in place, you know, for, uh, snow on a motor

And he just kind of couldn't understand how to get to the ordinance being the law.

The real key here is what does the statute or ordinance require?

It would have to be an ordinance they're charging under because the only thing the state statute deals with is dangerous dogs,

Does it tell you on there what ordinance you allegedly violated?

The ordinance is 5-100 for no city dog license.

Therefore, any rule and regulation directed toward the public in the form of an ordinance can be advisory only.

Say, for example, this new city ordinance that Austin is now hands-free, oh, it's so

How about we pass a city ordinance that says you can't put on makeup while you're driving?

How about we pass a city ordinance that says you can't use an electric razor for the guys,

The only purpose for this city ordinance is obviously for revenue generating.

This ordinance is not going to stand.

In fact, if you look up the word ordinance or ordinances in the Texas Constitution, they

And they say the same thing about that city ordinance being state law in exactly the same

ordinance are part of the law of this state.

Remember, nothing in that city charter or city ordinance was created under the provisions

Sub-item 1 reads, law means A, a state or federal statute, B, an ordinance of a local

Therefore, the ordinance is not a valid traffic law, got it?

And no charter or any ordinance passed under said charter shall contain any provision inconsistent

If the charter itself cannot be inconsistent or any ordinance passed under that charter

ordinance be construed as the law of the state and that not be a violation of the provisions

of Texas, does a municipal or county ordinance contain that enacting clause?

Is a city ordinance or a county commissioner's court ordinance or order or an order of a

Well, do you have to know what ordinance he looked at? Yeah, just so happens I do because she pointed it out to me.

and he didn't give you a number, an ordinance number, anything.

But the problem here is, is that the ordinance is in violation of state law.

Where does the ordinance say that you must seek appeal

If this ordinance specifically says that the appeal from whoever makes the determination,

Where does this ordinance say they have to go to get an appeal?

I don't know what the ordinance is.

saying here. The ordinance is not preempted unless the ordinance does something the state

law does not allow. The ordinance can't operate contrary to state law. And that's what this

no city charter and no ordinance passed under that charter can operate in violation of any

ordinance they're trying to charge you under which appears to be, let's see. It says pedestrian on

know if they charged you under an ordinance in the complaint or if they charged you under a

big a criminal you are, and that the ordinance somehow gives them power to make you a criminal.

to take on, believe me. So right now, your best bet is to use their own ordinance against them,

assuming that the ordinance is what they're going to use. And it must be because it's the closest

the city council and request that someone on the city council propose an ordinance that

and they just recently passed an ordinance at the county level to basically tell us we can't have such a club.

of loss of their property, you name it and that is the ordinance situation and those

If it's defined by an ordinance and your Constitution there says that only the legislature can make law, then that would mean ordinances are not law. They're ordinances.

And in a contract wherein you agree to abide by their corporate rules, because that's what an ordinance is, is a corporate rule.

I've got a town of Corona City ordinance problem here.

A nuisance as defined by town ordinance is as follows, any person doing any unlawful act or admitting to perform a duty or suffering or permitting any condition or thing to be or exist,

We are speaking with Don in Indiana about an ordinance issue.

The way they've got it worded, if you read it verbatim, means they can declare pretty much anything to fit the criteria that the ordinance is discussed.

He claimed there was a city ordinance that does not exist, which that was his probable

that you're putting out about ordinance not being law,

is created via ordinance under chapter 707.

a municipality to create an ordinance that makes it a civil offense for which they can

ordinance or of Chapter 707 itself. Why? Because you're not allowed to appeal beyond the municipal

In fact, the only way an ordinance gets used in Article 11 of the Texas Constitution is for them to do it for public office

But here's the problem. That only applies to moving violations in the Texas Transportation Code, which that ordinance isn't.

you're subject to local ordinance governing business.

They just pass another ordinance and sue us again.

It's a harassment to you by passing this ordinance after they already know it's going to get shot down because of this appellate court ruling that says you guys are grandfathered in, so they're harassing you.

We're going to beat you guys and then you're just going to pass another ordinance and force us to do this all again.

We want an injunction against the county, prohibiting them from ever passing any ordinance similar to this again.

The range ordinance was passed specifically to circumvent res judicata.

I mean, I would be really, really mad at the county for passing this ordinance for the obvious purpose of circumventing res judicata.

And the local officials, based on their public statements, do not appear to understand that they can't just pass any ordinance and regulate anything they want to.

prohibiting them from ever passing another ordinance like that,

an appellate court order saying you don't ever pass an ordinance like this again

they simply passed a new ordinance about ranges

violates municipal ordinance to have it parked on the street when it isn't registered, then

their ordinance already being used against a member of the public and private property

But I really, really want to be able to do this for the benefit of everyone because I can already prove that their ordinance is not law.

The city of New Braunsville is changing everything, trying to change the Texas statutes where they can do a quote, hands-free ordinance here in town.

The only way that ordinance will have any effect is over their employees, their contractors, and anyone working for a legal entity while on duty with that legal entity that's within their territorial boundaries.

And the third one you need to go with it, not only is the State Bar Act the problem and the Transportation Code itself the problem, you need the bill that shows how it was enacted and the white paper I'm trying to do on why it's unconstitutional as a whole in conjunction with the ordinance paper you've got.

And there is absolutely no authority for a city ordinance anywhere to do safety other than housing.

or enact any ordinance under that charter that violates any provision of the Texas Constitution.

is there any authority for an ordinance to be treated as law.

Ordinance and ordinances, plural, have appeared in the Texas Constitution exactly one time each,

that make your little ordinance irrelevant.

I said, well, sir, the ordinance you're referring to addresses commercial soliciting

Because when they put me in the car, they told me the county ordinance wouldn't tell me which one

statutory ordinance schemes, and they'd have to know this, and they've taken oath to do

can even reasonably interpret the one time the word ordinance appears in article 11 of

Apparently in January of this year, city council passed this ordinance that if a business has what's called a single user restroom, which basically means that the primary entrance into the restroom area,

And I'm going to get to the punchline here. Curtis, I'm thinking after reading this ordinance and knowing that you have a license and all of that,

They passed the local ordinance basically saying that they could regulate gun ranges

What if their nuisance ordinance were to be ruled unconstitutional if you only beg?

You want to use your ordinance against me, well, I'm going to claim that it's unconstitutionally

and the deprivation of rights under color of law using a bill of pains and penalties ordinance and statute,

but we're going after the constitutionality of the ordinance process and the entire Texas transportation code to boot.

11 section 5 of the Constitution and that's baloney not once does the term ordinance ever

get associated with the term law not once is the term ordinance ever associated with

the people or duty upon an individual nowhere the word ordinance in no way shape or form

is associated with law nor is anything in relation to ordinance associated with the

Despite a city ordinance that allows feeding just 25 people,

Despite a city ordinance that allows feeding just 25 people, Cross's group fed all 40

they passed an ordinance basically so the county could control all the gun ranges

there's an exception in the ordinance that if you're a shotgun range that shoots traps, ski, five stands, sporting plays,

I am not a land developer as defined in your code or your ordinance as spoken of above.

Does the alleged ordinance enactment fully comply and comport with Article 3, Section 29 of the Texas Constitution, and remain inviolent of Article 1, Section 29 of the Bill of Rights?

Now Mr. City Attorney, does your city ordinance say, be it enacted by the legislature of the state of Texas?

Does the alleged ordinance enactment fully comply and comport with Article 3, Section 30 of the Texas Constitution, and remain inviolent of Article 1, Section 29 of the Bill of Rights?

Well, Mr. City Attorney, was your ordinance passed by a legislative bill?

Does the alleged ordinance enactment fully comply and comport with Article 3, Section 31 of the Texas Constitution, and remain inviolent of Article 1, Section 29 of the Bill of Rights?

Does the alleged ordinance enactment fully comply and comport with Article 3, Section 32 of the Texas Constitution,

Does your ordinance comply with that?

Does the alleged ordinance enactment fully comply and comport with Article 3, Section 33 of the Texas Constitution,

Does the alleged ordinance enactment fully comply and comport with Article 3, Section 34 of the Texas Constitution

Does the alleged ordinance enactment fully comply and comport with Article 3, Section 35 of the Texas Constitution

Was your ordinance passed by the city council containing more than one subject?

Was your city ordinance enacted and read in such a way

a city ordinance that doesn't comply, as if somehow you're right and I'm wrong?

When you think your statute or your ordinance or your perception trumps the black and white

Because the discussion hinges on the question of how do you respond to a case involving an alleged violation of a city ordinance in Texas?

And now we're going to see exactly why no ordinance at either the municipal or county level has law applicable to the public,

In fact, the term ordinance appears exactly once in each of Articles 9 dealing with counties and 11 dealing with municipalities.

And no charter or any ordinance passed under said charter shall contain any provision inconsistent

whatever their ordinance was, and they were very upset about it. They tried to take me to court.

an unconstitutional ordinance or statute.

And they have to deal with the statute and ordinance violations and violation bureaus.

The only way the ordinance can be construed as a law is through the statutory definition,

Therefore, this ordinance that they're trying to charge you under is a law by definition

So the legislature cannot delegate that authority to the city, therefore their ordinance cannot

where does it say the municipality can create an ordinance relating to parking that makes

second case is the county passed a new ordinance and we refused to get a permit, so the new

ordinance requires all gun ranges to get permits, and our position was, okay, we don't want

They started doing the ordinance basically as soon as they lost at the appellate level,

But as far as the second case regarding the ordinance and the permitting and the grandfathering,

What does their ordinance say about permitting?

They immediately started writing a new ordinance and they said we needed a permit to continue to operate.

This is, there's a government entity involved here and they're trying to, they're going through the litigation channel in a civil suit to try to enforce their code, their ordinance code.

or ordinance must be accompanied by that form.

and I was charged with Ordinance Code 154.977, no stopping at any time.

Learn what an ordinance is and what it isn't.

But let's consider the basic background of what an ordinance is and what it isn't.

An ordinance is created by the municipality or the county, okay?

And they must create an ordinance to authorize the camera activity and to authorize the contracting with the red light camera company.

Yes, but nowhere in the Constitution is an ordinance ever referred to as a public law or a law of any kind.

Okay. But my point here, again, this is not to do with the transportation code per se. The only reason I brought up the transportation code is the red light camera issue where they must create an ordinance in order to implement it.

If an ordinance is not a state law by constitutional prohibition, then the complaint cannot be proper in the case of an ordinance allegation because there's no state law violation involved.

No, no. We're talking any ordinance and these people acting as if they're acting judicially.

Because remember, if the state only gave them governmental authority in relation to Class C fine onlys, okay, as public law, then they are falsifying government documents when they file a criminal complaint alleging an ordinance violation, even if the legislature authorized it.

Because the legislature can't authorize an ordinance to be treated as if it was enacted by them.

And we're going to say, yes, you generally have subject matter jurisdiction, but in this instance, you are not judicially competent to address a city ordinance in a judicial capacity.

But in this particular case, where their municipality may call a violation of an ordinance a Class C misdemeanor,

The court says, oh, I have subject matter jurisdiction over Class C misdemeanors. And we're going to say, yeah, you do, but you don't have legal competence to treat a city ordinance as if it was a Class C misdemeanor.

Yeah, okay. On the break, I was thinking about, okay, I got this police officer who purports to act under a city ordinance as if it were a state law.

And I was charged with ordinance code 154.977, no stopping at any time.

Learn what an ordinance is and what it isn't.

But let's consider the basic background of what an ordinance is and what it isn't. An ordinance is created by the municipality or the county.

And they must create an ordinance to authorize the camera activity and to authorize the contracting with the red light camera company.

Yes, but nowhere in the Constitution is an ordinance ever referred to as a public law or a law of any kind.

Okay, but my point here again, this is not to do with the transportation code per se. The only reason I brought up the transportation code is the red light camera issue where they must create an ordinance in order to implement it.

If an ordinance is not a state law by constitutional prohibition, then the complaint cannot be proper in the case of an ordinance allegation.

No, we're talking any ordinance and these people acting as if they're acting judicially.

Because remember, if the state only gave them governmental authority in relation to class C fine onlys, okay, as public law, then they are falsifying government documents when they file a criminal complaint alleging an ordinance violation, even if the legislature authorized it.

Because the legislature can't authorize an ordinance to be treated as if it was enacted by them.

And we're going to say, yes, you generally have subject matter jurisdiction, but in this instance, you are not judicially competent to address a city ordinance in a judicial capacity.

But in this particular case, where their municipality may call a violation of an ordinance a Class C misdemeanor,

The court says, oh, I have subject matter jurisdiction over Class C misdemeanors. And we're going to say, yeah, you do, but you don't have legal competence to treat a city ordinance as if it was a Class C misdemeanor.

Not a law. The ordinance is a corporate bylaw. It's not actually a law. So,

I did not. And I explained that to them that it was their law and ordinance to follow, not mine.

him and looked at her and kept, you know, asking her for all the penal codes and ordinance codes,

animal control. Do they state that there's a city ordinance forbidding roosters?

abusing their power to tamper with property rights through ordinance he's got a list of

um they gave waivers in the ordinance so it didn't apply to shotgun ranges and of course there's a

And in the second court, relative to a very recent gun range ordinance they put in place,

actually be filling out the ordinance all together the ordinance under which we were closed for a

abide by all of the requirements in filing the in enacting the ordinance the strict scrutiny

so they don't have to overturn the ordinance here all they what what they do is they

restrict the city from applying the ordinance is that correct

the problem for them if the judge throws out the ordinance that isn't in its entirety or if he

uh they would argue not because one one's basically an ordinance case and one is a

Do you happen to know which ordinance he was looking at? Yeah, as a matter of fact, I do.

And the federal court, the issue was about, was about a Boston ordinance that forbid citizens from videotaping.

Guaranteed they're attempting to use some condemnation ordinance that they've created themselves.

Objection. Can you please show me anywhere where an ordinance is created in accordance with the parameters of the Tennessee Constitution on who has the power to make binding public law and the steps required for that law to be made?

What does the ordinance say that they... Who is governed by the ordinance? And so on

Have you been charged with a municipal ordinance violation?

I could make a really good argument that says that a city ordinance doesn't apply to you,

because it can't be law, and the only one that's subject to that ordinance are members of the corporation

Because generally speaking, even though it takes a local ordinance in most states for those cameras to be put into place, there's still a state law and a state agency that's responsible for regulating their use.

Well, they do have an ordinance for that.

But they passed the ordinance that says it must be licensed to park it on the public thoroughfare.

Well, no, it would be, it's not a municipal ordinance because the Department of Motor

foreign law, legal code, and ordinance means and who it applies to. Okay. Point, I'm not

law, your legal code or law or ordinance does not violate the constitution. Okay. That's

Okay. Generally, most counties have a county ordinance that requires you to give them notice

I said, what specific city ordinance are you referring to?

Which city ordinance am I violating?

But for the most part, if it's not based upon a state law, they cannot enforce any municipal ordinance or county ordinance against the public,

an ordinance that if you have a geocache or a virtual geocache, this must be approved.

They apparently are going to redo their ordinance but it's one of those little things that,

The first version of the rationale in the written letter said we have an ordinance and

It was an ordinance where they had nothing to write him up under

They have an ordinance that they put into effect some years ago, two years ago.

which would mean that any enactment of an ordinance by a municipality is automatically not what?

So how then can that ordinance be applied to you and your private property?

Therefore, it cannot apply a state law through an ordinance in a manner that violates state law

A municipal ordinance relates only to municipal employees and people contracted with the municipality

That's what an ordinance is for.

And this is a violation of Ordinance XYZ. He will ask, do you understand the charge against you?

Kitsap 2 is about a new gun range ordinance that they put in place

The municipality through ordinance is creating the jurisdiction of that court, not the legislature.

And that's where the problem lies. It doesn't say anything about a municipality creating municipal judges to handle municipal ordinance and transportation court violations.

Not even if it's an ordinance violation, if that ordinance is relying upon a state law for its effect.

city ordinance and sometimes they'll cite you for violating the transportation

If you violated municipal ordinance in Fort Worth,

And they allowed the municipality to set the jurisdiction through ordinance and allowed the municipality to set the organization of the court by ordinance, then the court is unconstitutional under Article 3, Section 1, which clearly states the legislature is the only one that has the power to create a court,

declaration of independence the uh northwest ordinance and the uh constitution of the united

Now, no ordinance has that enacting clause.

Now, if those statutes and rules and regulations and ordinance do not have an enacting clause, it's not a law.

I once bought an ordinance one time.

In recent news, the GBU-43B Massive Ordinance Air Blast Bomb or Mother of All Bombs, the

In recent news, the GBU-43B Massive Ordinance Air Blast Bomb or Mother of All Bombs, the largest non-nuclear bomb in the United States arsenal with the blast yield of 11 tons of TNT, was dropped for the first time in combat Thursday night on a network of fortified underground tunnels,

In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb, or Mother of All Bombs, the

In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb, or Mother of All Bombs, the largest non-nuclear bomb in the United States arsenal with the blast shield of 11 tons of TNT, was dropped for the first time in combat Thursday night on a network of fortified underground tunnels originally built by the CIA according to WikiLeaks that ISIS and the Taliban had been using the stage attacks on U.S. and Afghani forces.

In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb or Mother of All Bombs, the

Municipalities has in relation to ordinance and so on and so forth I have come to the absolute

Conclusion that every municipal court in Texas is created by an enactment of an ordinance of

That court by ordinance but that is exactly how every municipality does it because there is no

In recent news, the GBU-43B Massive Ordinance Air Blast Bomb or Mother of All Bombs, the largest non-nuclear bomb in the United States arsenal with the blast shield of 11 tons of TNT, was dropped for the first time in combat Thursday night on a network of fortified underground tunnels originally built by the CIA according to WikiLeaks that ISIS and the Taliban had been using the stage attacks on U.S. and Afghani forces.

And recent news, the GBU-43B Massive Ordinance Air Blast Bomb or Mother of All Bombs, the

In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb, or Mother of All Bombs, the largest non-nuclear bomb in the United States arsenal with the blast yield of 11 tons of TNT, was dropped for the first time in combat Thursday night on a network of fortified underground tunnels originally built by the CIA according to WikiLeaks that ISIS and the Taliban had been using the stage attacks on US and Afghani forces.

In recent news, the GBU-43B Massive Ordinance Air Blast Bomb, or Mother of All Bombs, the

they passed an ordinance that required everybody to get a permit to have a gun range.

I said the second suit, which was related to the range ordinance has been passed the trial level.

In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb or Mother Vault Bombs, the largest non-nuclear bomb in the United States arsenal with the blast yield of 11 tons of TNT,

That's why they call it an ordinance. It's an ordinance. It's an ordinance of a municipal

an incubator for technology and entrepreneurship, and we were excited to be back in the mix. We know that we have a lot of work to do in the city, but we couldn't be more excited for the road ahead. The ride-sharing giants left Austin due to an ordinance that required fingerprint-based background checks, drivers,

The ride-sharing giants left Austin due to an ordinance that required fingerprint-based

You're doing it because some city enacted an ordinance saying that you had to do it.

must be a person who acts under color of any state ordinance regulation custom or usage

I just wrote an appeal for someone in a municipal court to the ordinance case and we'll talk

but one went through a good portion of them were failures to appear and some of them were municipal ordinance charges.

assembled, or maintained under a law or ordinance or in connection with the transaction of official

And how does a city ordinance get passed?

whether they be ordinance or, you know, state law.

Well, if the municipal ordinance is applied to him, is that correct?

if they don't think the ordinance is enough to pay attention to,

ordinance and the okay wait a minute wait a minute how do

um more so than for example the the northwest ordinance lays the

ordinance but yeah I just want to let you know where I was in my appeal I should

over municipal ordinance violations over he has a repair shop and they're

Yeah. We... I'm sorry. It's fine. Okay. Tim, in the original, when the court came after him over city ordinance violations, we filed a challenge subject matter jurisdiction.

to create law regardless of what they call it, ordinance or otherwise.

That the enforcement of a municipal ordinance against a person not contractually engaged with the city

it's even got the statute. It's even got the local ordinance law. That's what they filed.

Now an ordinance is just a corporate canon. The municipality is a municipal corporation

The question is they sent us two more ordinance violations.

six o'clock and it's in writing and some type of ordinance or something, they have restricted

There were no adopted zoning and or junk vehicle ordinances at the time of your business's creation in the mid 90s. One of those ordinances, the junk vehicle ordinance was not adopted until eight nine of 01 three years prior to my leaving Newark.

Your business was ruled exempt from the junk vehicle ordinance when it became effective back then due to being an existing business that preceded the ordinance adoption date.

Grandfather's the term used in that situation. Newark, Texas had no zoning ordinance during my time.

that says after 30 days, if it's not signed, it's enacted. The city ordinance never went

through that. So technically, a city ordinance is not a law. If anything, it's a rule, a

ordinance are the rules that you all have to abide by because we say so, in a sense.

have the authority to do that. That municipal ordinance is only applied to municipal employees.

gave the city ordinance person the understanding or thinking that that was a vehicle and not

So the ordinance says that a vehicle can only be parked on private property for 30 days or less, not registered

But for the purpose of the application of the ordinance, it's clear that the ordinance was written for people who have cars in the backyard or in their front yard or in their driveway that sit there forever

Was the ordinance intended to restrict the ability of a repair shop to hold a customer's vehicle for more than 30 days in order to get it repaired?

right of property without any compensating advantages. The ordinance is clearly not a

I'm thinking in Tim's case he's been pursued over municipal ordinance because of a city

But apparently when a municipality is coming at you criminally with a class C, that's what this ordinance charges were.

this on is they're using an ordinance for jaywalking basically is what this is even if it's not exactly

if they're charging you under a city ordinance that is not a valid law not law okay exactly all

Is there a city ordinance that makes it a crime for you to deny access to another corporation's

Has the city passed an ordinance that may need a crime for you to deny access to a corporate

code that is a city ordinance that if you refuse to let the city water inspectors on

we mentioned it before that the, the city had apparently passed an ordinance to make

It sounds like if that is the case, if there is an ordinance that authorizes a outside

I've been fighting the city that I lived in for the past year on ordinance violations, and I've asked questions on one of your pages. But the immunity clause you were talking about, basically, that the public officials have put in place for themselves.

higher ordinance which directly affected me because I owned a limo and taxi company so

I continue to argue with her how the ordinance do not apply to the regular system because

the ordinance did not law not being so on and so forth and we went back and forth now

challenge stating that ordinance are not lost that way I can actually start putting things

to create an ordinance that applied to everybody that's the law and they don't have authority

If it were a municipal ordinance that only applied to people in contract with the corporation,

an ordinance that preempts state law.

a corporation can issue a ordinance. But that ordinance only applies to employees of the

an ordinance is merely a corporate canon. So there would have to be a commercial nexus

I just have, uh, that they had written me this code, code and ordinance violation notice,

a Class C misdemeanor ordinance violation, or does Article 5, Section 12B hold to it

Read the ordinance supposedly that I've violated. The first thing it says is that it's not

ordinance officer can ask the owner of the vehicle to display whether or not the vehicle

The ordinance does not say that though. It just says that the ordinance officer can ask

for him for you to display whether or not it's operable. Well, sure. The ordinance officer

as the Texas Transportation Code but this is a ordinance violation now the

ordinance is not a law unto itself okay right so the trip with the Texas

Transportation Code be the what does the ordinance site as its state law authority

an ordinance is not a law never is never will be okay

that you violated some ordinance which is based upon some law are they talking

ordinance is claiming its power exists because it is contained within the

what an ordinance can operate on versus the people of Texas which an ordinance

administratively which is the only way it can do with an ordinance then you're

matter of the ordinance can't be related to you because it's not a law binding

Nothing with the ordinance BS.

of the ordinance to Tim because he's not an employee or in contract with the municipality.

And we maintained that for the municipality to write an ordinance and then apply that to

the general public makes the ordinance a law. And the legislature has no power to delegate

ordinance is always near the state one but still doesn't matter it doesn't matter

write a law as if it has authority to do so why do you need an ordinance to

That the municipal ordinance if it only applied to a member of the municipal corporation was fine.

But if the municipal ordinance purported to apply to the general public, then it was a law.

We claim that they could write an ordinance that only applied to municipal corporate employees or those in a contractual agreement with the municipal corporation, wherein they agreed to abide by the ordinances.

But if they extended the reach of the ordinance to the private citizen, then that's a law that's not an ordinance.

municipal court issues or some municipal ordinance issues.

ethics, they wanted to adopt an ordinance for ethics for public officials and city employees

ordinance in the search field. Okay. But go to the blog and use the search field there,

The ordinance is unconstitutional when it is taxing private property of the people as if it is valid public law when it absolutely is not and cannot ever be.

That particular article, Section right there, eliminates the possibility of an ordinance ever being considered law.