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  1. #11
    Join Date
    Mar 2019
    Posts
    23

    Default Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    I would check to make sure that 38-32 (a) was valid on the date you were cited. The ordinance was signed 6/18/19 but that does not necessarily mean the law was effective as of that date.

    The counties website links to a muni code that says it is current as of today, that it was last modified 6/19/19 and it does not contain that section. If you plan to contest the violation I would screenshot this as it could strengthen your argument.

    The attitude is probably what got you cited.
    I agree, cut the attitude and you won't get cited in the first place.

  2. #12
    Join Date
    Oct 2014
    Posts
    7,306

    Default Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    Quote Quoting B.Frank
    View Post
    I would check to make sure that 38-32 (a) was valid on the date you were cited. The ordinance was signed 6/18/19 but that does not necessarily mean the law was effective as of that date.
    The provision I cited was added to the city code 6/18/19, and the MuniCode sited does reflect that. Since the measure adding that provision to the Code did not have a delayed effective day, that provision should be effective the date it was adopted, i.e. 6/18/19. So if the incident at issue was before that date, the city clearly cannot rely on it, but if the incident was after that date then the city probably can point to that provision to support the citation.

  3. #13
    Join Date
    Mar 2019
    Posts
    23

    Default Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    So "Adopted Ordinances Not Yet Codified" are still enforceable?

  4. #14
    Join Date
    Mar 2013
    Posts
    16,960

    Default Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    Quote Quoting B.Frank
    View Post
    So "Adopted Ordinances Not Yet Codified" are still enforceable?
    Yes.

  5. #15
    Join Date
    Oct 2014
    Posts
    7,306

    Default Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    Quote Quoting B.Frank
    View Post
    So "Adopted Ordinances Not Yet Codified" are still enforceable?
    When a law is adopted (enacted) it becomes law and is enforceable. Codification is simply the act of incorporating that law into an organized system that makes finding the laws easier. For example, when Congress passes a law they are officially known as Public Laws, and are numbered sequentially during the Congress that passes it. The current Congress is the 116th Congress, that runs from Jan 3, 2019 and will end Jan 3, 2021. The first law enacted in the 116th Congress becomes Public Law (P.L.) 116-1. But trying to research laws by Public Laws is not very efficient. So the Congress created the United States Code, which organizes federal laws by topic rather than sequentially. A law is effective when the Public Law is enacted and signed by the President even though it may take some time for the law to actually get incorporated into the U.S. Code. Think of it as a contract that two businesses enter into. The contract is effective once both parties sign it. Then the contract gets filed their business records organized by vendor. The signing of the contract is analogous to the adoption (enactment) of the ordinance. Codification is like the filing of the contract into the business records. The filing of the contract does not determine when the law is effective.

  6. #16
    Join Date
    Oct 2016
    Posts
    3,043

    Default Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    Quote Quoting adjusterjack
    View Post
    Yes.
    My city only codifies things about every 3rd year.

  7. #17
    Join Date
    Mar 2019
    Posts
    23

    Default Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    Thanks Taxing Matters, well that likely explains why;
    A. The OP hasn't been cited in years past
    B. Why no code was written on the ticket

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