ILNews

State trumps local red-light camera ordinances

IL Staff
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Cities and towns that want to use red-light cameras to catch traffic violators can't adopt an ordinance to implement the cameras because current laws allow only the state to regulate moving traffic violations, Attorney General Steve Carter said.

Carter issued an official opinion Friday regarding whether a municipality can adopt an ordinance to use red-light cameras to determine whether a driver has violated traffic laws. Carter issued the opinion in response to an inquiry from Sen. Earline Rogers, D-Gary. The city of Hammond installed cameras at certain city intersections as part of a plan to generate revenue by catching drivers who run red lights.

State law preempts a local law that attempts to further regulate automotive moving violations, and the General Assembly has to pass legislation before a red-light camera program could be implemented by a city or town, Carter wrote in the opinion. The General Assembly has granted local units of government "all the powers they need for the effective operation of government as to local affairs" in Indiana's home-rule law, but "if a city attempts to impose regulations in conflict with rights granted or reserved by the Legislature, such ordinances are invalid," Carter wrote, citing City of Indianapolis v. Fields, 506 N.E.2d 1128, 1131 (Ind. App. 1987), and City of Hammond, Lake County v. N.I.D. Corp., 435 N.E.2d 42, 48 (Ind. App. 1982).

"It is our opinion the General Assembly must enact enabling legislation before a red light camera enforcement program may be implemented by a local government entity," he wrote.

Bills have been introduced allowing cities, towns, and counties the legal ability to implement red-light cameras, but none of the bills passed the General Assembly.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT