What "law/code" has supersedence over the other??

[dc2010]

What "law/code" has supersedence over the other??

If someone can please tell me which one has supersedence over the other.

City Municipal Code Ordinance

California Food and Agricultural Code

(MRL)MOBILEHOME RESIDENCY LAW


i just want to know which set dominates the other, i have a small issue with pets.

 

[BOR]

Hard to say without detailed info. State law usually trumps/pre-empt's (pre-emption) municipal law, yes.

 

[dc2010]

just a issue in a "mobile home" park where residence's pets are allowed in the park but not "big dogs" (they have to be small, under foot and half) Sounds illegal to me.
To my understanding the law says either pets are allowed or they arent in a mobile home resident. But law also states everyone is entitled to ONE pet. Doesnt say how big.

 

[ecmst12]

Nothing illegal about a landlord's rules restricting pets allowed to a certain size.

 

[BOR]

just a issue in a "mobile home" park where residence's pets are allowed in the park but not "big dogs" (they have to be small, under foot and half) Sounds illegal to me.
To my understanding the law says either pets are allowed or they arent in a mobile home resident. But law also states everyone is entitled to ONE pet. Doesnt say how big.

Unless the law, any law, bans such practice by the LL, the LL is free to
adopt such policy.

 

[dc2010]

I thought CALIFORNIA FOOD AND AGRICULTURAL CODE
SECTION 31683 would make the LL rules illegal (arguement being that big dogs are dangerous)

**(Nothing in this chapter shall be construed to prevent a city
or county from adopting or enforcing its own program) **

REF: www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=31001-32000&file=31681-31683

what you guys think?

 

[Zigner]

I thought CALIFORNIA FOOD AND AGRICULTURAL CODE
SECTION 31683 would make the LL rules illegal (arguement being that big dogs are dangerous)

**(Nothing in this chapter shall be construed to prevent a city
or county from adopting or enforcing its own program) **

REF: CA Codes (fac:31681-31683)

what you guys think?

I think you're off base. There is nothing PREVENTING the LL from making rules such as this.

 

[FlyingRon]

I thought CALIFORNIA FOOD AND AGRICULTURAL CODE
SECTION 31683 would make the LL rules illegal (arguement being that big dogs are dangerous)

**(Nothing in this chapter shall be construed to prevent a city
or county from adopting or enforcing its own program) **

REF: CA Codes (fac:31681-31683)

what you guys think?

Huh? Where does it say anywhere in those three statutes that a landlord can't have rules. All this section says is that the state law does not preclude the local governments from establishing their own rules.

I.e., the state law is specifically not peremptory.

 

[dc2010]

keyword **construed**, in other words to my under standing the word "construed" means that no one else can add, twist, or bend the rule to make it fit their liking.... am i right??

however..in "law" is the word **construed** used as a subsituted for the word *used*?? maybe thats where i had the missunderstanding

 

[Zigner]

keyword **construed**, in other words to my under standing the word "construed" means that no one else can add, twist, or bend the rule to make it fit their liking.

am i right?

You are exactly wrong. It means that the local municipalities are NOT prevented from creating their own laws.


Definitions of construe on the Web:

* interpret: make sense of; assign a meaning to; "What message do you see in this letter?"; "How do you interpret his behavior?"
wordnetweb.princeton.edu/perl/webwn

* Construal is a social psychological term that refers to the way in which people perceive, comprehend, and interpret the world around them. Construals are the way a person comprehends the behavior or actions of others towards him or herself.
en.wikipedia.org/wiki/Construe

* A translation; An interpretation; To interpret or explain the meaning of something; To analyze the grammatical structure of a clause or sentence; To translate
en.wiktionary.org/wiki/construe

 

[dc2010]

so in "law" is the word **construed** can be subsituted for the word *used*??

maybe thats where i had the missunderstanding

 

[Zigner]

so in "law" is the word **construed** can be subsituted for the word *used*??

maybe thats where i had the missunderstanding

Construed means Interpreted. It means don't read in to it that it's restricting cities, etc., from making their own rules/laws.

In any case, it has no bearing at all on whether or not a landlord can make rules.

 

[BOR]

keyword **construed**, in other words to my under standing the word "construed" means that no one else can add, twist, or bend the rule to make it fit their liking.... am i right??

however..in "law" is the word **construed** used as a subsituted for the word *used*?? maybe thats where i had the missunderstanding

No, as was stated, you are misapplying the word.

Let me reword the phrase for you:

Original:

**(Nothing in this chapter shall be construed to prevent a city
or county from adopting or enforcing its own program) **

Substituted phrase:


**(Nothing in this chapter shall prevent a locality from adopting or enforcing thier own program on state pre-emption grounds**

 

[DeenaCA]

From the CA state Senate website:

PETS

Q. Is it legal for parks to allow some residents to have pets and others not have them?

A. It depends on the terms of the rental or lease contract. Civil Code Sec. 798.33 permits pets in parks with certain limitations, such as one domesticated dog, cat, bird or aquatic animal kept within an aquarium, subject to “reasonable” park rules. However, persons who signed a rental agreement prior to January 1, 2001 with a provision prohibiting pets are bound to that provision until the rental agreement expires or is renewed. Persons moving into a park since January 1, 2000 would be allowed to have pets that conform to the park’s rules as to size, height, or weight of the pet, and in some instances breed (e.g. some parks prohibit big dogs, pit bulls and certain breeds with so-called aggressive tendencies).

See http://www.sen.ca.gov/ftp/sen/committee/select/mobilehomes/_home/FAQs_Jun2010.doc.

See CA Civil Code 798.33 at http://codes.lp.findlaw.com/cacode/CIV/5/d2/2/2/2.5/4/s798.33.

 

[HomeGuru]

keyword **construed**, in other words to my under standing the word "construed" means that no one else can add, twist, or bend the rule to make it fit their liking.... am i right??

however..in "law" is the word **construed** used as a subsituted for the word *used*?? maybe thats where i had the missunderstanding

**A: I deem that you are misconstrued on all counts.