Legal Dictionary

local ordinance

Legal Definition of local ordinance

Related terms


Definition of local ordinance

Further reading

A local ordinance is a law usually found in a municipal code.

United States

In the United States, these laws are enforced locally in addition to state law and federal law.

Japan

In Japan, ordinances (条例, jōrei?) may be passed by any prefecture or municipality under authority granted by Article 94 of the Constitution.

There must generally be a statutory basis for an ordinance, the ordinance must be in compliance with any overlapping statutes (although it may impose a stricter standard or penalty), and the ordinance must be related to the affairs of the local government in question.

Ordinances must generally be approved by a local assembly and promulgated by the mayor or governor of the local government in question, who may demand a second vote but may not veto the ordinance.

Under the Local Autonomy Law, an ordinance may impose a penalty of up to two years imprisonment and/or 1 million yen in fines, although any penalty under an ordinance must be prescribed in accordance with the Code of Criminal Procedure. There are even some ordinances, such as bans on smoking on the street, for which the police in some districts state that there is no penalty for failure to obey the ordinance.

British colonies

All laws enacted by the legislature of British colonies are referred to as Ordinances, which sometimes delegate power to other parties (usually government departments) to make subsidiary legislations that supplement the Ordinances. In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as Ordinances, despite the transfer of the territory to the People's Republic of China in 1997.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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