Legal Question in Constitutional Law in California
My question concerns local municipal codes and state statutes. If a city does not require that a no parking zone be marked with anything more than a red curb, but the state statutes stipulate that in addition to the color of the curb there must be signs visible from a vehicle, which laws take priority? Would the zone have to marked as the state statutes require, or can they do it without that because the city does not require it?
Thank You
1 Answer from Attorneys
It would depend on the language and ultimately the intent of the state statute. The state has the power to preempt local law, but the state must intend to do that in the legislation it passes. Without examination of the statute, at minimum, and possibly an analysis of the legislative history, there is no way to tell if any particular statute is intended to preempt or not.
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