In the United States, a local ordinance is considered a rule of conduct put in place by the local

government in a city or town and can be found in the municipal code for that particular city or town.
These regulations are voted on by the city council and may include issues such as zoning, traffic,
taxes, parks, pets, and construction. The city ordinance is only effective within the city limits.
The charge for violating a local ordinance is a civil infraction in most instances and is considered
non-criminal. The punishment for violating the ordinance is usually a fine, probation or community
service. Many cities also have a maximum fine, and no more can be charged, regardless of the
ordinance violation. In a trial for violation of an ordinance, a public defender is not available to the
accused as no jail time is possible. The accused may hire a private defender if he or she so
chooses.
Often, the municipal code merely re-enforces state laws. If the violated local ordinance mirrors a
state law, then both were violated. Violation of a state law is more serious, and the accused may be
charged with violating that law rather than the city ordinance. The state prosecutor, not a
city attorney, will prosecute these violations. A conviction for violating a state law will also carry a
stiffer sentence, which may include jail time.
The burden of proof in ordinance cases is a preponderance of evidence. In a state case, it is beyond
a reasonable doubt. In most cases, an ordinance violation will not show on a criminal
record or background check, unless a state law was also violated. A conviction for the state charge,
not the ordinance, will show up on the record and background check. Violators should check with
the county clerk to be sure, however, prior to assuming they have no criminal record for a city
ordinance violation.
Local police enforce the municipal code for the city. State highway patrol officers or sheriffs are
unable to detain for or charge an individual with a violation of a local ordinance. State and federal
laws will always overrule local ordinances, if there is a discrepancy. Any individual or group of
people can challenge a local ordinance, if they believe that an ordinance violates rights set forth by
the US constitution.