If you accidentally (or even knowingly) violate a city ordinance with your business (such as you can't advertise by putting fliers on cars) does it go on your criminal record? Or is it just a fine/ticket that doesn't show up on your record later? THANKS for any help! :)
2007-02-27 12:01:32 · 4 answers · asked by meghananne23 4 in Politics & Government ➔ Law Enforcement & Police
Many communities have enacted what are refered to as "Nuisance Laws", which are designed to reduce such activitied as you have mentioned. Most of these "Laws"/ordinances are seldom enforced without the filing of a complaint. Your City Hall should give you a complete definition of the ordinance, and, what the infraction consists of, as well as the penalty for noncompliance. These infractions should not result in a criminal record.
Most municipalities enact these ordinances to curtail littering, when the fliers are removed from the vehicles and deposited in the street. I do not recommend that you ignore the ordinance, even though it may not be enforced. There are more practicle and effected forms of advertisement, that won't lead to your being fined. Whatever your purpose for placing fliers on vehicles may be, fines will definately cut into any possible profitability.
2007-02-27 12:32:36 · answer #1 · answered by Pastor Jeff 2 · 0⤊ 0⤋
I don't know of any town/city/municipality in any state which can enact an ordinance which designates a violation to be anything greater than a misdemeanor.
In my jurisdiction, most violations of city ordinance are petty misdemeanors. Petty misdemeanors are not crimes (they are like parking tickets, they don't go on your record --you just pay the fine).
On the other hand, we do have city ordinance violations at a misdemeanor level. In my jurisdiction, if you are sentenced to one of these, they will go on your criminal record, because a misdemeanor is a crime.
If I were you, I would contact the City Attorney's Office and speak to the Assistant City Attorney who will be (or is) assigned to your case. If the charge is of the type of a petty misdemeanor (fine only, doesn't go your record) you may consider just paying it.
On the other hand, if the charge will result in a misdemeanor or greater sentence on your record, you should try to negotiate a settlement in your favor. Generally speaking, if you are willing to pay a fine (or costs of prosecution) you can enter into an agreement to do one of the following two dispositions:
1. Defer prosecution (continue for dismissal): means that you don't have to plead guilty and prosecution is suspended for a period of time on certain conditions (usually that you don' t do it again). If there are no violations within that time period, the case is dismissed as if it never happened.
2. Stay of adjudication: means that you plead guilty, but the court doesn't convict you. A deadline is set. And conditions are set. Usually the conditions are that you pay costs of prosecution and not have any same or similar offenses during that time period. If you live up to the conditions, the case is dismissed and doesn't go on your record as a conviction. On the other hand, if you violate one of the conditions, the conviction will be entered because you already entered a guilty plea.
Although the terms may be different, I am pretty certain that all jurisdictions have these as dispositional alternatives as long as the prosecutor is willing to agree.
The third alternative is somewhat riskier. If you just show up in court at your assigned date and plead guilty with an explanation, you may be able to talk the judge into a favorable sentence or a withholding of adjudication. But I wouldn't count on it.
Good luck.
2007-02-28 03:08:20 · answer #2 · answered by snowdrift 3 · 0⤊ 0⤋
Different states structure their laws differently. In my state a municipality can pass their own laws (ordinances) up to a misdemeanor (no felonies). Laws are categorized as follows in order from least to most serious:
Violations,
Class C misdemeanors,
Class B misdemeanors,
Class A misdemeanors,
Class C felonies,
Class B felonies,
Class A felonies,
Capital Crimes.
A municipality can enact laws so long as it is a Violation or Class A, B, or C misdemeanor. Some of these will show up on your criminal record if it is serious enough and it is reported to the state or national crime information system when you are convicted. I know of several persons who were convicted of various crimes and for some reason have no record of it. Probably because the court clerks failed to register their information with the proper authorities.
2007-02-27 20:27:56 · answer #3 · answered by LawDawg 5 · 0⤊ 0⤋
It depends on what the statute provides.
2007-02-27 20:05:33 · answer #4 · answered by C B 6 · 1⤊ 0⤋