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The presumptive invalidity of municipal criminal laws that are inconsistent with state criminal laws was established in City of Portland v. Dollarhide, 300 Or 490, 501, 714 P2d 220 (1986). That rule was later refined in Jackson, 316 Or at 149-51. In Dollarhide, the defendant challenged a city’s mandatory minimum sentence for the crime of prostitution that was more onerous than the sentence allowed under state law. 300 Or at 493. The court held that, under the wording of Article XI, section 2, it was “left with the inescapable conclusion that the voters who adopted Article XI, section 2[,] envisioned a stricter limitation on the lawmaking power of cities in respect of criminal laws than with regard to civil or regulatory measures.” Id. at 497. The test for whether a local criminal ordinance conflicts with state law was “whether the ordinance prohibits an act which the statute permits, or permits an act which the statute prohibits.” Id. at 502 (footnote omitted). The court explicitly stated that this same test was not to be applied to the preemption of civil or administrative laws:

See the full article from “Leagle.com”

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