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Columbus v. Kotevski

Citation: 2018 Ohio 5105Docket: 18AP-203

Court: Ohio Court of Appeals; December 17, 2018; Ohio; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

An appellant challenged his conviction for making a prohibited U-turn under a municipal ordinance, arguing it conflicted with Ohio state law that allows U-turns with specific exceptions. He asserted that the local ordinance, Columbus City Code C.C.C. 2131.12(a), was unconstitutional as it conflicted with R.C. 4511.37(A) and R.C. 4511.06, which govern traffic regulations statewide. The legal contention centered on the balance of municipal authority under the Home Rule Amendment against state law uniformity. The court referred to precedent in Dayton v. State, emphasizing that municipalities possess the authority to regulate local police matters unless in conflict with state laws. The court reaffirmed that a conflict is determined by whether an ordinance permits actions prohibited by state law. In this case, the court concluded there was no such conflict, referencing Columbus v. Knoff where similar ordinances were upheld. The appellate court affirmed the trial court's ruling, maintaining that the municipal ordinance was constitutionally valid and consistent with state law, thereby upholding the appellant's conviction for the U-turn violation.

Legal Issues Addressed

Conflict between Local Ordinance and State Law

Application: The court found no conflict between the city's U-turn ordinance and state law, as the ordinance did not permit what the state statute prohibits.

Reasoning: The City of Columbus defended its U-turn ordinance, C.C.C. 2131.12, against a constitutional challenge, citing previous rulings where no conflict was found between city and state regulations concerning U-turns.

Constitutionality of Local Ordinance under Home Rule

Application: The court upheld the city's U-turn ordinance as constitutional, affirming the municipality's authority under the Home Rule Amendment to regulate local matters unless a conflict with general state law exists.

Reasoning: The trial court rejected his challenge and upheld the conviction.

Municipal Authority under Article XVIII, Section 3 of the Ohio Constitution

Application: Municipalities can regulate local police matters independently unless such regulations conflict with state general laws, as affirmed by the court.

Reasoning: In Dayton v. State, 151 Ohio St.3d 168, 2017-Ohio-6909, the Supreme Court of Ohio affirmed that municipalities have independent authority under the Home Rule Amendment to regulate local police matters, but municipal ordinances must defer to state statutes if: 1) they exercise police power rather than self-government; 2) the statute is a general law; and 3) there is a conflict between the ordinance and the statute.

Standards for Determining Conflict Between Ordinance and Statute

Application: The court emphasized that a conflict exists if an ordinance permits what a statute prohibits or vice versa, which did not occur in this case.

Reasoning: The court established that a conflict exists if an ordinance permits what the statute prohibits or vice versa.