§ 1-10-168. Resolution of inconsistencies with federal or state rules, regulations, or laws.  


Latest version.
  • (a)

    In any case of an actual inconsistency between any provision or section of this article and any provision or section of a federal or state rule, regulation, or law, then the federal or state rule, regulation, or law shall not only supersede the effect of this article, but also shall control in any local application, unless such federal or state rule, regulation, or law does not pre-empt, supersede, or make invalid the inconsistency.

    (b)

    The above subsection specifically includes any situation wherein an applicable federal or state judicial decision creates an actual inconsistency with any provision or section of this article. In such a situation, the federal or state judicial decision shall not only supersede the effect of this article, but also shall control any local application, unless such federal or state judicial decision does not pre-empt, supersede, or make invalid the inconsistency.

(Ord. No. 97-023, § 1, 4-22-97)