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What is considered an Ordinance Violation?

Published in Municipal Law 2 mins read

An ordinance violation refers to a charge issued by a municipal government when an individual breaks local municipal rules. These rules, often found in a city's municipal code, are distinct from state or federal laws.

Understanding Ordinance Violations

Unlike criminal charges, ordinance violations are distinct in several key ways:

  • Issuing Authority: They are exclusively issued by city or town governments, focusing on maintaining order within their specific jurisdiction.
  • Nature of Offense: These violations pertain to specific local laws designed to maintain public order, safety, and community standards within a municipality. For example, rules about parking, noise, or property upkeep are typically ordinances.
  • Non-Criminal Classification: It is crucial to understand that an ordinance violation is not considered a criminal matter. This classification separates them from misdemeanors or felonies.
  • Record Implications: A conviction for an ordinance violation does not result in a criminal record, nor are these charges recorded as criminal charges.

Common Examples of Ordinance Violations

Many everyday infractions fall under the umbrella of ordinance violations. These can vary significantly from one municipality to another but often include:

  • Parking Violations: Such as parking in a no-parking zone, exceeding meter time, or parking in a residential area without a permit.
  • Noise Disturbances: Violations of quiet hours, excessive noise from events, or loud music that disturbs neighbors.
  • Property Maintenance Issues: This might involve overgrown weeds, unkempt yards, accumulation of trash, or failure to clear snow from sidewalks.
  • Animal Control Violations: Examples include pets off-leash in designated leash-required areas, failure to clean up pet waste, or exceeding the allowed number of pets.
  • Minor Traffic Infractions: Certain minor speeding tickets or failure to yield within city limits, if handled by municipal court rather than state court.

Ordinance Violation vs. Criminal Offense

To further clarify the distinction, here's a comparison between an ordinance violation and a criminal offense:

Feature Ordinance Violation Criminal Offense
Issuing Body Municipal government (city, town) State or federal government
Nature of Offense Violation of local municipal rules (e.g., noise, parking) Violation of state or federal laws (e.g., assault, theft)
Criminal Status Not considered a criminal matter Considered a criminal matter (misdemeanor or felony)
Record Impact No criminal record results upon conviction Results in a criminal record upon conviction
Primary Goal Maintain local order and community standards Punish offenders and deter harmful behavior against society