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Peace-And-Order Power Of An Ohio Municipal Corporation, Louis B. Perillo

Cleveland State Law Review

Ohio Const. Art. XVIII, Sec. 3 endows the municipalities with those powers of local self-government ".. .as are not in con-flict with general laws." The courts have unanimously interpreted the general laws to be those laws which have been enactedy the General Assembly. A question of conflict arises (1) wherehe state and the municipality each have prohibited the same act and where each seeks to enforce, independent of the other; (2) where the municipality seeks to prohibit that which the state permits, or seeks to permit that which the state prohibits;and (3) where the municipality provides a penalty in excess …