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Q: Local ordinance vs. state law. ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Local ordinance vs. state law.
Category: Miscellaneous
Asked by: measl-ga
List Price: $10.00
Posted: 01 Nov 2004 13:45 PST
Expires: 01 Dec 2004 13:45 PST
Question ID: 423103
Can a local city ordinance regulate a profession which is not
regulated by the state?  Specifically, this question is based on
Missouri state not regulating various professions which are very
heavily regulated by St. Louis City.
Answer  
Subject: Re: Local ordinance vs. state law.
Answered By: tutuzdad-ga on 01 Nov 2004 14:14 PST
Rated:5 out of 5 stars
 
Dear measl-ga;

Thank you for allowing me to answer your interesting question. The
answer to your question is YES, cities can regulate by ordinance
whatever they see fit as long as the ordinance is in harmony with
state law.

Municipalities and other formal governmental entities lower that the
State level may legally pass an ordinance where state law does not
preempt the ordinance, where the ordinance is not in conflict or
attempts to supersede any state law, or (most importantly in your
case) where state law does not occupy that particular area of
regulation.

This question was affirmed in the Western District Court of Appeal?s
opinion in the case entitled: Borron v. Buck Farrenkopf, Becky Thudium
and Jim Libby in their Capacity as the Board of County Commissioners
of Linn County, Missouri and Linn County, Missouri and State of
Missouri, Amicus Curiae, Respondents.

Case Number: WD56648 Date: 11/23/1999

MISSOURI COURT OF APPEALS WESTERN DISTRICT
http://www.osca.state.mo.us/courts/pubopinions.nsf/0/77622665a691a1ad862568310070e743?OpenDocument


I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

MISSOURI COURT OF APPEALS WESTERN DISTRICT
http://www.osca.state.mo.us/courts/pubopinions.nsf/0/77622665a691a1ad862568310070e743?OpenDocument


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

ORDINANCE

STATE LAW

MISSOURI

ST. LOUIS

PREEMPT

SUPERSEDE

REGULATE

ENFORCE
measl-ga rated this answer:5 out of 5 stars
Very precise and coherent answer.  Thank you.

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