..., and The City of Walker, sigh...

The City of Walker is Violating Michigan Codified Law 123.1102 by Continuing to Enforce Walker City Ordinance 50-62.

This Unlawful Ordinance is Viewable here: http://library1.municode.com/default-now/home.htm?infobase=11668&doc_action=whatsnew

which part?

aadvark said:

The City of Walker is Violating Michigan Codified Law 123.1102 by Continuing to Enforce Walker City Ordinance 50-62.

This Unlawful Ordinance is Viewable here: http://library1.municode.com/default-now/home.htm?infobase=11668&doc_action=whatsnew

Click to expand...

Please cite examples of them enforcing it. Just because it's on the books doesn't mean they enforce it.

Venator said:

Please cite examples of them enforcing it. Just because it's on the books doesn't mean they enforce it.

Click to expand...

Well... I am of the opinion (yeah.. I know what that is worth) that because the ordinance is on the books where folks can read it... when it is read by someone the ordinance was "passively" enforced because........ If a law is on the books just being on the books gives it authority in the mind of the beholder.

Whether a speed limit sign is a passive enforcement of the speed limit and an officer writing a ticket is active enforcement.... the speed limit was still being enforced. Same thing with an ordinance that is on the books.

Would the concept of ... passive enforcement... hold up in court? I suspect so since many a law abiding person abides by the law just because there is a law on the books..... for things to be otherwise would enable folks to ignore written law until actively arrested.

That should go to court, that way some whizbang lawyer can finally put the kabash on those silly 70 mph speed limits on our "free"ways.