Municipal Law Questions & Answers by State
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Municipal Law Questions & Answers
Q: What legal action can I take against my apartment complex for neighbors disturbing the peace.
1 Answer
| Asked
in
Contracts, Intellectual Property, Municipal Law and Landlord - Tenant
for
Mississippi
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Griffin Klema's answer
Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."
As for the property owner or management company, they too may be liable under similar legal theories. You may be able to pursue such matters in small claims court, seeking an injunction and possibly also damages.
I recommend you discuss the above possibilities with a lawyer...
Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."
As for the property owner or management company, they too may be liable under similar legal theories. You may be able to pursue such matters in small claims court, seeking an injunction and possibly also damages.
I recommend you discuss the above possibilities with a lawyer...
Q: I received a false citation, do i fight it? And if so, what are the downfalls if I can't prove the truth?
1 Answer
| Asked
in
Personal Injury, Traffic Tickets, Car Accidents and Municipal Law
for
Pennsylvania
on
Answered on Sep 3, 2017
Answered on Sep 3, 2017
Peter Munsing's answer
You plead not guilty. Spelling errors aren't critical. He has to show a witness stated your speed.
If you hit badly enough to flip a vehicle, some ticket's going to come out of it. Sorry, but you have to realize you rear end someone you will be at fault for something. So plead not guilty, get a copy of the police report ($15), then if you want you can call me and I'll walk you through what you have to do.
You plead not guilty. Spelling errors aren't critical. He has to show a witness stated your speed.
If you hit badly enough to flip a vehicle, some ticket's going to come out of it. Sorry, but you have to realize you rear end someone you will be at fault for something. So plead not guilty, get a copy of the police report ($15), then if you want you can call me and I'll walk you through what you have to do.
Q: Can a local full-time paid fire chief serve as an elected school board official in that same jurisdiction?
1 Answer
| Asked
in
Education Law, Election Law, Gov & Administrative Law and Municipal Law
for
Michigan
on
Answered on Aug 30, 2017
Answered on Aug 30, 2017
Brent T. Geers' answer
I don't see why not. I'm unaware of any fire chief being an elected position, and so there is no conflict by holding two different elected positions. More importantly, in most cases, the school district (and its board) is a separate and distinct entity from the local government. It's really no different from any other city employee being elected to the school board. The answer would be different, of course, if a school district employee were to be elected to the school board - a clear conflict.
I don't see why not. I'm unaware of any fire chief being an elected position, and so there is no conflict by holding two different elected positions. More importantly, in most cases, the school district (and its board) is a separate and distinct entity from the local government. It's really no different from any other city employee being elected to the school board. The answer would be different, of course, if a school district employee were to be elected to the school board - a clear conflict.
Q: I have 2 driving without insurance tickets is there anyway I can get them off my record?
1 Answer
| Asked
in
Criminal Law, Traffic Tickets, Appeals / Appellate Law and Municipal Law
for
Wisconsin
on
Answered on Aug 27, 2017
Answered on Aug 27, 2017
Stephen Pleck Johnson's answer
The following cases remain on CCAP for 5 Years. Traffic Forfeiture Cases (TR)
Non-Traffic Ordinance Violation Cases (FO). Motor vehicle records are a little different and the answere is more complex.. Depends on where Uber is looking. Ask Uber what you can do to assure them that you are insured.
The following cases remain on CCAP for 5 Years. Traffic Forfeiture Cases (TR)
Non-Traffic Ordinance Violation Cases (FO). Motor vehicle records are a little different and the answere is more complex.. Depends on where Uber is looking. Ask Uber what you can do to assure them that you are insured.
Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?
2 Answers
| Asked
in
Real Estate Law, Land Use & Zoning and Municipal Law
for
California
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Gerald Barry Dorfman's answer
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
Q: Can I have a vehicle towed from rental property that I manage legally?
1 Answer
| Asked
in
Civil Rights, Landlord - Tenant and Municipal Law
for
California
on
Answered on Aug 12, 2017
Answered on Aug 12, 2017
Louis George Fazzi's answer
You should retain the services of a lawyer experienced in landlord-tenant rights. Since the tenant made the deal with the owner of the bus to store the vehicle on property she rents, it is her responsibility to deal with her subtenant. However, if the tenant grants you authority to deal with the situation, and since the vehicle is on your property, you may have the right to have the vehicle towed off your property after reasonable notice to the owner to remove the vehicle or be responsible for...
You should retain the services of a lawyer experienced in landlord-tenant rights. Since the tenant made the deal with the owner of the bus to store the vehicle on property she rents, it is her responsibility to deal with her subtenant. However, if the tenant grants you authority to deal with the situation, and since the vehicle is on your property, you may have the right to have the vehicle towed off your property after reasonable notice to the owner to remove the vehicle or be responsible for...
Q: Can my misdemeanor probation officer refuse my comunity service hours from a federal non profit establishment?
William Head's answer
Your lawyer can take your probation issues back before the judge. He or she can resolve this, since the judge oversees the case.
Your lawyer can take your probation issues back before the judge. He or she can resolve this, since the judge oversees the case.
Q: Will I have to pay the fine on the day of the court day for my pink summons?
Ali Ebrahimzadeh, Esq.'s answer
You may choose to pay the fine, if you want. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
You may choose to pay the fine, if you want. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: How to find a name
1 Answer
| Asked
in
Civil Litigation, Municipal Law and Small Claims
for
Ohio
on
Answered on Jul 13, 2017
Answered on Jul 13, 2017
Matthew Williams' answer
If he owns the house, you could look up the land transfer records I suppose. But, you don't really need a name just info that will help the police find him, which you have plenty. Lots of police reports are filed without the name of the perpetrator. After all, most people don't know who robbed them.
If he owns the house, you could look up the land transfer records I suppose. But, you don't really need a name just info that will help the police find him, which you have plenty. Lots of police reports are filed without the name of the perpetrator. After all, most people don't know who robbed them.
Q: My wife passed,now my vehicle is at her mom's,(in my name).she made last three payments (only) can she hold it
Tammy Lyn Wincott's answer
To be certain of what your options are you need to consult in-person with an attorney. Generally speaking, you do not acquire property by making payments on someone else's debt.
To be certain of what your options are you need to consult in-person with an attorney. Generally speaking, you do not acquire property by making payments on someone else's debt.
Q: Received a noise violation summons last night. Where can I find my town ordinance stating the "quiet time?"
H. Scott Aalsberg Esq.'s answer
You can go to the town library or if your lucky some towns post it online.
You can go to the town library or if your lucky some towns post it online.
Q: What is my best option for contesting a Civil Citation for possessing alcohol on the beach?
2 Answers
| Asked
in
Civil Rights, DUI / DWI and Municipal Law
for
California
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Louis George Fazzi's answer
If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty. Gather your evidence (such as a photo taken at the same time showing you were somewhere else on the date of the ticket, a receipt from getting lunch or Starbucks on the same day at or about the same time),...
If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty. Gather your evidence (such as a photo taken at the same time showing you were somewhere else on the date of the ticket, a receipt from getting lunch or Starbucks on the same day at or about the same time),...
Q: my daughter is around someone who cannot have her own kids or be around them alone, what can i do?
1 Answer
| Asked
in
Criminal Law, Family Law, Child Custody and Municipal Law
for
Oregon
on
Answered on Jun 21, 2017
Answered on Jun 21, 2017
Joanne Reisman's answer
You don't say if there is already a court order awarding you custody or establishing parenting time. You also don't tell us what the dates are for all these changes. You will have to get this in front of a court somewhere to establish custody and parenting time or to enforce and order that has already been issues. If an order was already issues, you need to deal with the original court that issued the order. If nothing has been filed, you have to figure out which State, Oregon or Alaska as...
You don't say if there is already a court order awarding you custody or establishing parenting time. You also don't tell us what the dates are for all these changes. You will have to get this in front of a court somewhere to establish custody and parenting time or to enforce and order that has already been issues. If an order was already issues, you need to deal with the original court that issued the order. If nothing has been filed, you have to figure out which State, Oregon or Alaska as...
Q: Can a person hold positions as both a firefighter/police officer, and a member of a school board?
Ali Ebrahimzadeh, Esq.'s answer
I see no reason why not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
I see no reason why not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Q: Is it legal in New York City to be nude on private property?
Ali Ebrahimzadeh, Esq.'s answer
It depends on what is visible to neighbors or passersby, of course. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
It depends on what is visible to neighbors or passersby, of course. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: Is it illegal to have 6 people living in a two bedroom apartment...three of those people are children.
1 Answer
| Asked
in
Real Estate Law, Land Use & Zoning, Landlord - Tenant and Municipal Law
for
Ohio
on
Answered on Jun 5, 2017
Answered on Jun 5, 2017
Joseph Jaap's answer
It might not be "illegal," but could violate local zoning codes. Check with your local building department.
It might not be "illegal," but could violate local zoning codes. Check with your local building department.
Q: I refused to sign a ticket that was given to me for swerving. I wasn't swerving. What happens if I do not pay or appear?
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law
for
Illinois
on
Answered on Jun 4, 2017
Answered on Jun 4, 2017
Q: If I own my home can the town I live in make me pay a yearly fee for owning a dog?
Alexander Florian Steciuch's answer
A local government can require animal owners to register their animals with the local government and a fee can be charged in relation to registration.
A local government can require animal owners to register their animals with the local government and a fee can be charged in relation to registration.
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