71.010. Ordinances to conform to state law. — Any municipal corporation in this state, whether under general or special charter, and having authority to pass ordinances regulating subjects, matters and things upon which there is a general law of the state, unless otherwise prescribed or authorized by some special provision of its charter, shall confine and restrict its jurisdiction and the passage of its ordinances to and in conformity with the state law upon the same subject.
Notes of Decisions
Coop. Home Care, Inc. v. City of St. Louis, 514 S.W.3d 571 (Mo. 2017).
· cites it 30× “The trial court believed that section 71.010, RSMo 2000, which includes a general prohibition on local laws that conflict with state laws, would bar such supplemental local minimum wage ordinances.”
Unverferth v. City of Florissant, 419 S.W.3d 76 (Mo. Ct. App. 2013).
· cites it 6× “2009); see also Section 71.010 (municipalities shall confíne and restrict the passage of its ordinances to and in conformity with state law upon the same subject).”
Kansas City v. LaRose, 524 S.W.2d 112 (Mo. 1975).
· cites it 8× “The ordinance, supra, does not contain those words. It is, of course, well settled that a municipal ordinance must be in harmony with a general law of the state upon the same subject and is void if in conflict therewith.”
Edwards v. City of Ellisville, 426 S.W.3d 644 (Mo. Ct. App. 2013).
· cites it 4× “1997); Section 71.010. Emphasizing the statutory requirement that municipal regulation may not conflict with state law, the Edwards and Bissells posit that the Ordinance necessarily regulates only vehicles that are not in motion and not obstructing traffic.”
Brunner v. City of Arnold, 427 S.W.3d 201 (Mo. Ct. App. 2013).
· cites it 4× “With these basic principles of municipal law in mind, we proceed to the arguments. A. Does City have authority to enact the Ordinance? To begin, Appellants argue that Arnold lacked authority to enact the Ordinance for three reasons: (1) the Ordinance was not validly enacted…”
City of Creve Coeur v. Nottebrok, 356 S.W.3d 252 (Mo. Ct. App. 2011).
· cites it 4× “Section 71.010. Missouri municipalities may, by ordinance, make additional rules of the road or traffic regulations to meet their needs and traffic conditions as long as the ordinance is not contrary to or in conflict with state statutes.”
Smith v. City of St. Louis, 409 S.W.3d 404 (Mo. Ct. App. 2013).
· cites it 2× “It is uncontroverted that the City of St. Louis is organized as a constitutional charter city under article VI, Section 19(a).”
Ballard v. City of Creve Coeur, 419 S.W.3d 109 (Mo. Ct. App. 2013).
· cites it 2× “However, even where a municipality is granted authority to enact an ordinance pursuant to its police power, the ordinance must still have a rational relationship to the health, safety, peace, comfort, and general welfare of the inhabitants of the municipality, and it must…”
Clifford Hindman Real Est., Inc. v. City of Jennings, 283 S.W.3d 804 (Mo. Ct. App. 2009).
· cites it 2× “Section 71.010 requires that a Missouri municipal corporation “confine and restrict its jurisdiction and the passage of its ordinances to and in conformity with the state law upon the same subject.”
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