Could Cankton require markings on village vehicles and regulate who drove or rode in them?

Plain-English summary

Cankton's mayor asked whether Ordinance 01-05 validly regulated village vehicles, including their markings, drivers, and passengers. In 2006, the Attorney General found no conflict between the ordinance and La. R.S. 49:121, the state rule on identifying public vehicles. The opinion concluded that village vehicles had to be marked under both the state statute and the ordinance. The ordinance's driver and passenger provisions also stood because the cited state statute did not specify who could drive or ride in those vehicles.

The AG grounded the village's ordinance power in its Lawrason Act authority to manage municipal affairs and in the board of aldermen's power to enact ordinances. It cautioned that a local ordinance conflicting with state law would be invalid. Its conclusion was about the particular ordinance as presented, rather than permission for any future vehicle rule that might conflict with state law.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did state vehicle-marking law prevent Cankton from requiring its own markings?

No. The AG found Ordinance 01-05 compatible with La. R.S. 49:121 and said the village's vehicles had to be marked in accordance with both.

Could the village decide who drove or rode in its public vehicles?

The AG said those parts of Ordinance 01-05 stood because the state identification statute did not address driver or passenger eligibility. Its answer concerned those provisions of Cankton's ordinance.

What happened if a village ordinance conflicted with a state statute?

The AG said a conflicting municipal ordinance would be invalid under the state-law limit it discussed. It found no such conflict in Ordinance 01-05.

Background and statutory framework

The Village of Cankton operated under the mayor-board of aldermen form of government. The opinion quoted La. R.S. 33:361(A) on municipal management powers and La. R.S. 33:362 on aldermen's ordinance power. It identified La. R.S. 49:121 as the statewide identification rule for vehicles belonging to public bodies. Applying those provisions and Louisiana Constitution Article 6, Section 9, the AG held that Ordinance 01-05 could coexist with the state marking rule and fill the driver and passenger issues the state rule left open. The opinion says a copy of the state statute was enclosed; the linked three-page extract does not reproduce that enclosure.

Citations

• La. R.S. 33:361(A) (municipal management authority quoted in the opinion).
• La. R.S. 33:362 (board of aldermen's ordinance power).
• La. R.S. 49:121 (public vehicle identification requirement).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0279

Original opinion text

April 25, 2006
OPINION NO. 05-0279

71 - MUNICIPALITIES

Susan Menard, Mayor
LSA-R.S. 33:321 et seq.; LSA-R.S. 33:362;
LSA-R.S. 49:121
Village of Cankton
Louisiana Constitution of 1974, Article 6, Section 9
107 Dandurand Street
Village of Cankton vehicles must be marked in
Cankton, Louisiana 70584
accordance with La. R.S. 49:121. Village ordinance
may address other specifics if they are not in conflict
Dear Mayor Menard: with state statute.

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask that we review Village of Cankton Ordinance 01-05 and determine its validity. You also ask for the provisions of law which require all public vehicles be marked, where the vehicles may be driven and who can be a passenger in the vehicle.

The Village of Cankton is governed by a Mayor-Board of Aldermen form of government which is called a Lawrason Act Municipality. These municipalities are governed by Louisiana Revised Statutes 33:321 et seq. Section 321 is as follows:

§ 321. Municipalities governed by mayor-board of aldermen form of government

All municipalities shall be governed by the provisions of this Part except those municipalities governed by a special legislative charter, a home rule charter or plan of government adopted pursuant to Article VI, Section 5 of the Constitution of Louisiana, or Part II or Part III of this Chapter.

Section 361 gives the Village of Cankton the authority to pass an ordinance which regulates the marking of public vehicles as well as where these vehicles can be driven and who can ride in them. Louisiana Revised Statute 33:361(A) states:

Except as otherwise provided in this Part, a municipality shall be vested with all powers, rights, privileges, immunities, authorities, and duties heretofore possessed in accordance with all constitutional and statutory provisions with respect thereto. A municipality is further authorized to exercise any power and perform any function necessary, requisite, or proper for the management of its affairs not denied by law.

Page 2

Susan Menard, Mayor
OPINION NO. 05-0279
Page – 2 –

Furthermore, La. R.S. 33:362 provides, in pertinent part:
A. (1) The legislative powers of a municipality shall be vested in and exercised by the board of alderman. (2) The board of alderman may:
(b) Enact ordinances and enforce the same by fine not to exceed five hundred dollars or imprisonment not exceeding sixty days, or both.

Louisiana Revised Statute, 49:121, sets out the requirement for the identification of vehicles belonging to the state or any of its political subdivisions, departments, boards, commissions or agencies. A copy of this statute is attached to this opinion for your review.

Accordingly, it is our opinion that the Board of Alderman for the Village of Cankton may adopt an ordinance designated to regulate the marking of and other rules governing public vehicles. Furthermore, a municipality may adopt ordinances that “track” the language of state statutes as long as the municipality does not attempt to either provide for the punishment of felonies or to provide for a greater penalty than the state statute provides in punishing the same crime. Article 6, Section 9 of the Louisiana Constitutuion of 1974 prohibits preemption of state law by a local ordinance. The conflict between state law and a municipal ordinance renders the latter invalid.

We see no conflict between the state statute and your Ordinance 01-05. Therefore, Village of Cankton vehicles must be marked in accordance with La. R.S. 49:121 and Ordinance 01-05. Since the state statute does not address the specifics of who can drive and ride in a public vehicle, the provisions of Ordinance 01-05 addressing these issues stand.

We trust your questions have been answered. However, if you should need anything further do not hesitate to contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ________
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL

CCF,Jr:FJP:sc
Enclosure

Page 3

OPINION NO. 05-0279

71 - MUNICIPALITIES

LSA-R.S. 33:321 et seq.
LSA-R.S. 33:362
LSA-R.S. 49:121
Louisiana Constitution of 1974, Article 6, Section 9

Village of Cankton vehicles must be marked in accordance with La. R.S. 49:121. Village ordinance may address other specifics if they are not in conflict with state statute.

Susan Menard, Mayor
Village of Cankton
107 Dandurand Street
Cankton, Louisiana 70584

Date Received: 01.27.06
Date Released: April 25, 2006

FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL