Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Jul 2019
    Location
    Michigan
    Posts
    1

    Question Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    My city is considering adopting a Permit Parking Only ordinance that will severely affect the ability of my customers to park near my business. How can I stop the ordinance from being approved?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,231

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Lobby city council.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,627

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Quote Quoting MaggieV P
    View Post
    My city is considering adopting a Permit Parking Only ordinance that will severely affect the ability of my customers to park near my business. How can I stop the ordinance from being approved?
    You do as PayrolGuy has stated but make sure you bring other business owners that will be affected with you as well.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Jul 2018
    Posts
    1,656

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    By going to city council meetings. By urging your city council members not to adopt the ordinance. By urging others in your city to lobby the city council members.

    Did you really not know these things?

  5. #5
    Join Date
    Nov 2013
    Posts
    6,427

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Quote Quoting MaggieV P
    View Post
    My city is considering adopting a Permit Parking Only ordinance that will severely affect the ability of my customers to park near my business. How can I stop the ordinance from being approved?
    Do you want to say what city and what state? Is the ordinance already introduced? Has it passed its first reading? Was there a public hearing held yet? Is it posted online for us to read? What is the recitation of the need for the ordinance? Is it public safety, health, and welfare? Or does it somehow benefit a select group of people or businesses? Might it be considered arbitrary or capricious?

    Aside from what the others have advised you, there are also legal ways to fight an ordinance depending on some of the questions I asked.

  6. #6
    Join Date
    Oct 2014
    Posts
    7,408

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Quote Quoting MaggieV P
    View Post
    My city is considering adopting a Permit Parking Only ordinance that will severely affect the ability of my customers to park near my business. How can I stop the ordinance from being approved?
    As the others indicated, you need to lobby the city government not to enact the ordinance. To the extent you are asking if you have any legal action you can bring against the city to prevent enactment of the ordinance, the answer to that is no.

  7. #7
    Join Date
    Nov 2013
    Posts
    6,427

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Quote Quoting Taxing Matters
    View Post
    As the others indicated, you need to lobby the city government not to enact the ordinance. To the extent you are asking if you have any legal action you can bring against the city to prevent enactment of the ordinance, the answer to that is no.

    I guess you never practiced municipal law. Not withstanding procedural issue that can have an ordinance tabled for an indefinite period of time and have to be reintroduced, there are court actions that the public can take to stall passage. Is the ordinance in conformance with the municipal master plan and zoning for example? Have the prescribed studies been conducted on the effects of the ordinance? The list does go on.

    And after passage, the public can prevent implementation based on the facts, where here we don't have any. But to say that the public cannot prevent enactment of an ordnance is simply incorrect. A rare but significant foible on your part in your response.

  8. #8
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    223

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Detail that Bud. Not by a Writ of Mandamus, or even Prohibition, those are Extraordinary Writs. A Declaratory Judgement challenging the Constitutionality of an Ordinance not in effect? It's not an emergency or public safety measure!

  9. #9
    Join Date
    Oct 2014
    Posts
    7,408

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Quote Quoting budwad
    View Post
    But to say that the public cannot prevent enactment of an ordnance is simply incorrect. A rare but significant foible on your part in your response.
    The public cannot prevent the city from enacting the ordinance. A person may fight the ordinance in court after enactment either arguing procedural missteps in enacting it, or violations of state or federal Constitutions, statutes, etc. But they cannot stop the city by going to court before enactment. Might a person slow the city down using the various procedures that the city must go through to enact the ordinance? Of course. But if the city is determined to adopt the ordinance eventually it will pass it. It is once enacted into law that the court challenges may begin.

  10. #10
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    223

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Bud, here is a case of an action in Mandamus Ex-rel, the Writ was granted. As you see, such a Writ is scrutinized for content. Yes, the Relators challenged the law after passage and before it's effect date, but you can read the legal difficulties of such a Writ being granted.

    https://www.sconet.state.oh.us/rod/d...-ohio-6717.pdf

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Parking Tickets: How Can a City Send Their Parking Enforcement People into a Non City Hospital Parking
    By brokenleg in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 06-14-2012, 10:47 PM
  2. Harassment: City Ordinance Tickets for Harassment
    By Enigma18 in forum Criminal Charges
    Replies: 1
    Last Post: 01-21-2012, 08:02 AM
  3. City Will Not Enforce Ordinance
    By captaink in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 08-07-2008, 06:41 AM
  4. Speeding Tickets: City Cop Issuing Freeway Ticket
    By deportes in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 03-09-2007, 05:24 AM
 
 
Sponsored Links

Legal Help, Information and Resources