ILNews

State trumps local red-light camera ordinances

IL Staff
January 1, 2008
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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.
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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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