Protection issues

Police Powers are passed to units of local government by the state. Sometimes, state constitutional provisions transfer these powers, but most often they are transferred by statute created by a state’s legislative assembly.

Units of local government can be as large as a county or as small as a village. These units of government are referred to as municipalities. Formed under the States Corporation Acts, they have certain articles of incorporation setting forth the purpose of the municipal corporation. In addition, municipal corporations are charged with providing for the general health, welfare and safety of the residents within their corporate limits.

In recent years, bordering states have permitted the creation of municipal corporations that actually span parts of both states to provide common services to the residents within the limits of the agency. Services could include mass transportation systems, solid waste disposal, sewage disposal. For the purpose of this article, we will discuss health, welfare, safety and aesthetics as they relate to local zoning.

Health
When the United States was in its early formative stages, plagues, pestilence and common epidemics were commonplace. Our forefathers had learned that many of these health problems could be controlled. Because of ignorance and intolerance, though, many early residents needed to be taught about sanitary problems. Then, they needed to be prodded into compliance with laws enacted to provide a healthy environment for everyone.

Control measures were not always popular, and  local government often resorted to harsh measures to gain compliance. Through the many generations since, many advances have been made. Today, many local laws exist to provide for a healthy community.

Welfare
This is more or less a catchall concern. The original idea was to enact ordinances that provided for the general welfare of the community. Extreme liberalism in today’s society has effected great changes in the concept since the days of the first colonists in North America. At that time, folks banded together for the common welfare of all, but today we have moved to the notion of providing money as opposed to mutual assistance.

In any event, some municipal governments believe they have a mandate to legislate regulations intended to make their constituents comfortable in their environment. There is some merit to their arguments, but often these governments fail to follow due process. That is to say, they do little or nothing to prove the need before enacting legislation on the subject.

Safety
Units of government must provide for the common safety of the residents within their corporate limits. This covers a wide field, including fire safety, moving traffic safety, building safety and protection from crime.

Municipal governments devote considerable time and resources to this aspect of community life. It is this area that causes FMCA members the most intrusions from local government.

When the unit of local government apply “due process” in developing their controlling ordinances regarding parking motorhomes in a residential neighborhood, it's very difficult to obtain reversals or modifications.

Aesthetics
As stated above, some governments, under the guise of “welfare,” are creating laws based entirely on aesthetics. The Supreme Courts in several states have heard cases where a property owner has protested this infringement on normal community life.

So far, there hasn’t been a clear finding in most cases. Several have reached the U.S. Supreme Court, which has ruled that “due process” was followed but other constitutional infringements prevailed. So, the law being reviewed was struck down.

This is a very expensive method to secure relief, however. Most laws based on aesthetics alone will not stand the tests of the Supreme Court. The easiest way to combat such measures is to resist change at the early hearings in the municipality that is considering the imposition of new controlling ordinances.

 

More info links:

United States Environmental Protection Agency
www.epa.gov