Section 9-5

Citation: Section 9-5
Parent Document: Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)
Jurisdiction: California (state)
Effective Date: 2011-09-30
Original Source: https://www.courtlistener.com/opinion/5810638/rental-housing-owners-assn-v-ci... ↗

Full Text

624 chars

Article XI, section 7 of the California Constitution, provides: “A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” (Cal. Const., art. XI, § 7.) A charter city ordinance like the one here conflicts with state law, and is thereby preempted, only if the ordinance “ ‘ “ ‘duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication.’ ” ’ [Citations.]” (Sherwin-Williams Co. v. City of Los Angeles (1993) 4 Cal.4th 893, 897 [16 Cal.Rptr.2d 215, 844 P.2d 534].)

Other Sections in This Document (55)

Full Text