Local Ordinances Research Articles

지방분권화 시대 지자체 주민 안전을 위한 諸 법령‧조례의 정비 및 빅데이터를 활용한 예방안전사업의 분석

지방자치단체 차원에서의 안전 내지 안전보장의 역할이 더 중요한 현 시점에서 지방자치단체 차원에서의 범죄예방활동 강화가 요청된다. 이를 위하여 범죄예방 기본법의 제정이 시급하다. 주무부처의 결정 문제는 법무부와 행정안전부(경찰청)를 공동 주무 부처로 하되, 실질적 운영에 있어서는 국무총리를 위원장으로 하는 범죄예방정책위원회의 활성화를 통해 해결할 수 있다. 범죄예방 환경개선사업의 법적 근거를 마련함과 동시에 그 내용으로 목적·정의·국가 및 지방자치단체 등의 책무, 다른 법률과의 관계 등을 총칙으로 규정함은 물론 ‘범죄예방’이란 국민의 생명·신체·재산에 대한 각종 범죄의 발생을 미연에 방지하기 위한 모든 활동으로 정의하고, 기본원칙으로 지역균형 원칙, 재원마련 원칙, 상호 협력 원칙 등을 규정하여야 할 것이다. 다른 법률과의 관계에서는 범죄예방에 관한 기본 법임을 명시하여야 할 것이다. 각칙으로 기본계획 수립 등의 규정과 이를 담당하는 범죄 예방정책위원회, 범죄예방 환경개선사업의 법적 근거를 규정하여야 할 것이다. 다만 기존 법무부 주도, 경찰청 주도의 논의에 더하여 2021년 1월 1일부로 자치경찰 제도가 시행됨에 따른 고려요소가 더하여졌다. 자치경찰제에 있어 일원화 모델과 이원화 모델 논의가 있었고, 종국적으로 “경찰법”이 “국가경찰과 자치경찰의 조직 및 운영에 관한 법률”로 전부개정 되었다. 대표적인 치안활동인 순찰과 주민참여 방범활동의 경우 상기 법률에 명문으로 자치경찰사무임을 규정하였기에 이를 고려한 범죄예방기본법의 조속한 제정이 필요하다 할 것이다. 그리고 이러한 조정과정에서 지역치안에 있어 다자간협력 모델을 또한 고려함이 타당하다고 판단된다. 재난 및 안전관리 기본법상 지역안전지수는 안전에 관한 각종 통계를 활용하여 자치단체별 안전수준을 계량화한 등급임에도 불구하고 재량사항으로 규정되어 있다. 그러나 이는 동법의 취지에 반하기에 개정이 필요하며, 지역안전지수 산출의 기준이 되는 조사방법, 조사항목, 공표절차 등의 필요한 사항 명문화 역시 시급하다 하겠다. 그리고 광역 및 기초 지자체 불문하고 대동소이한 내용의 조례 상황에 비추어 다양한 형태의 분석과 지자체의 특성을 파악하여 이를 반영하는 조례로의 개정 또한 병행되어야 할 것이다.

Work with municipal stakeholders to empower your officers to enforce local health ordinances

The hard work of preventing the spread of COVID‐19 has given campus law enforcement new challenges, but it has also offered opportunities to collaborate with other agencies in productive ways. Many college campuses are embedded within a larger urban or suburban environment. Therefore, consistency in the nature and enforcement of health measures is important for the well‐being of the entire community. That goal was part of the thinking behind Penn State University's decision to give its campus police officers the authority to enforce the public health ordinance passed by the Borough of State College in August.

Charting Change in the City: Urban Political Orders and Urban Political Development

Cities matter. They are often the sites in which the helping hand and the clenched fist of the state makes first contact with the citizen. They are engines of national economic growth and, often, the source of political movements that become national and transnational in scope. Yet, the theoretical tools available to study change at the urban level are limited. This article seeks to address this shortcoming by offering a new account of urban political development. I argue that urban political development is driven by the impact of multiple political orders. My aim is to highlight three apparently contradictory patterns of urban political development: the imposition of urban austerity measures, the rise of the urban carceral state, and the emergence of progressive economic policymaking, such as local minimum wage ordinances. I suggest that these shifts reflect underlying operation and competition among neoliberal, conservative and egalitarian political orders respectively.

Law and Anti-Blackness

This Article addresses a thin slice of the American stain. Its value derives from the conversation it attempts to foster related to reckoning, reconciliation, and redemption. As the 1930s Federal Writers’ Project attempted to illuminate and make sense of slavery through its Born in Slavery: Slave Narratives From 1936-1938, so too this project seeks to uncover and name law’s role in fomenting racial division and caste. Part I turns to pathos and hate, creating race and otherness through legislating reproduction— literal and figurative. Part II turns to the Thirteenth Amendment. It argues that the preservation of slavery endured through its transformation. That the amendment makes no room for equality further establishes the racial caste system. Part III then examines the making of racial division and caste through state legislation and local ordinances, exposing the sophistry of separate but equal. Part IV turns to the effects of these laws and how they shaped cultural norms. As demonstrated in Parts I-IV, the racial divide and caste system traumatizes its victims, while also undermining the promise of constitutional equality, civil liberties, and civil rights.

Penises, Nipples, and Bums, Oh My!: An Examination of How Freedom of Expression Applies to Public Nudity

Penises, Nipples, and Bums, Oh My!:An Examination of How Freedom of Expression Applies to Public Nudity Clara Gutwein (bio) Introduction How do you solve a problem like the nipple? A woman's nipples are both erotic and utilitarian, obscene and maternal. She must never show them in public. She must show them to feed her child. Nipples are for men. Nipples are for babies. Nipples, it seems, are for everyone except a woman herself. The law, too, has something to say about nipples. It is completely constitutional for the government to prevent women from publicly showing their nipples in order to protect morality and public order.1 Thus, the law assumes an inversely proportional relationship between the number of publicly exposed nipples and the strength of a community's moral standards. Despite the First Amendment's deep concern for protecting counter-majoritarian speech and minority points of view,2 recent cases have [End Page 349] shown that the full freedom of speech does not extend to women who wish to repossess the nipple's narrative.3 By exposing their breasts in public, these women attempted to use their nipples as a form of symbolic speech and communicate their antipathy towards laws that sexualize the female body.4 But the laws that sexualized their breasts also silenced their nipples, and these cases both ended in courts denying First Amendment protection to topless protests. America is not the only jurisdiction that does not have an answer to the legal conundrum of public nudity as protest speech. One man recently challenged the United Kingdom and European Union through his single-minded determination to undermine centuries worth of custom and convince people to embrace public nudity. Steven Gough, the so-called "naked rambler," has made it his mission to use his own naked body as an instrument of protest against inherited social norms hostile to public nudity.5 His assertion that his public nudity is a form of expression that merits protection under Article 10 of the European Convention on Human Rights (officially called the Convention for the Protection of Human Rights and Fundamental Freedoms) raises critical questions about how legal systems ought to treat civil liberties that challenge social norms and traditional standards of morality.6 The two US cases that challenged the First Amendment's treatment of the female nipple, Tagami v. City of Chicago and Free the Nipple v. City of Fort Collins, were instructive in their absolute failure.7 The courts in both cases applied long-established tests to determine whether topless protests amounted to symbolic speech with full First Amendment protection. The specifics of the tests themselves, as well as how the courts applied them, demonstrated the predetermined futility of the plaintiffs' plight. Within the context of symbolic speech, the female nipple uniquely challenges existing legal standards by both its multifaceted cultural identity and its physical limitations. Yet, instead of acknowledging that existing standards of symbolic speech do not account for the nipple's particular limitations, the courts in both cases allowed the law to trap the nipple in a self-perpetuating cycle of unprotected speech. [End Page 350] This note will begin by exploring the two recent legal challenges to the First Amendment's treatment of the female nipple. Both cases emerged out of the plaintiffs' reactions to local public-nudity ordinances and their dissatisfaction with laws that legalized disparate treatment of male and female bodies. The courts' treatment of both cases only validated the plaintiffs' arguments that the law does not treat female bodies with careful and unbiased consideration.8 Second, this note will examine two legal tests cited by the courts in their rejection of the plaintiffs' claims that topless protests are constitutionally protected symbolic speech. These are the Spence test, which controls what expression counts as symbolic speech,9 and the O'Brien test, which controls whether the government may suppress symbolic speech.10 This note will also consider the legal struggles of Steven Gough and his unwavering commitment to changing general attitudes towards public nudity. The third section will consider two cases involving Gough: one in which the United Kingdom sought to impose criminal sanctions against him, and another which Gough brought...

Environmental Justice and Coasian Bargaining: The Role of Race and Income in Lease Negotiations for Shale Gas

Using a unique combination of datasets and estimation techniques, we test whether private lease negotiations to extract oil and natural gas exhibit features of Coasian efficiency. We demonstrate that measures of wealth (including income, house square footage, and land acreage), typically determinants of willingness to pay for environmental quality, do affect bargaining outcomes. However, race, ethnicity, and language also play important roles after conditioning upon these variables, suggesting an environmental injustice and a breakdown of efficient Coasian bargaining. We further demonstrate that failure to negotiate protections in leases leads to increased risk of future drilling violations, which are not offset by local ordinance restrictions. Institutional subscribers to the NBER working paper series, and residents of developing countries may download this paper without additional charge at www.nber.org.

When Global Becomes Municipal: US Cities Localizing Unratified International Human Rights Law

Abstract International human rights law is most efficacious when it is both incorporated into domestic law and translated into local contexts. Yet, cities as independent implementers of unratified international law have received limited scholarly attention. This article examines such renegade municipal localization of international law through an analysis of San Francisco and Los Angeles’s binding ordinances implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) – a treaty to which the United States in not a party. The analysis demonstrates that municipal ordinances in US charter cities are robust legal mechanisms that can help actualize human rights in large urban populations, despite national inaction. Nonetheless, municipal localization of unratified international law – in both the content of the ordinances and their implementation over time – is driven predominantly by local context and city politics rather than conformity to the international treaty on which the ordinances are based. While this importantly demonstrates that unratified international law can be made relevant to cities, the insularity of local ordinances can also result in limited accountability for non-implementation and the ordinances evolving apart from international treaty developments.

지방자치단체 조례 분석을 통한 아동옴부즈퍼슨 발전방안 연구-아동친화도시를 추진하는 지방자치단체를 중심으로-

지방자치단체 조례 분석을 통한 아동옴부즈퍼슨 발전방안 연구-아동친화도시를 추진하는 지방자치단체를 중심으로-

Analysis of local government ordinances related to delegation to the private sector of social welfare facilities -Focus on 31 cities and counties in Gyeonggi-do

Analysis of local government ordinances related to delegation to the private sector of social welfare facilities -Focus on 31 cities and counties in Gyeonggi-do

Psychological drivers of risk-reducing behaviors to limit human-wildlife conflict.

Conflicts between people and wild animals are increasing globally, often with serious consequences for both. Local regulations or ordinances are frequently used to promote human behaviors that minimize these conflicts (risk-reducing behaviors), but compliance with ordinances can be highly variable. While efforts to increase compliance could be improved through applications of conservation psychology, little is known about the relative influence of different factors motivating compliance. Using concepts from psychology and risk theory, we conducted a longitudinal study pairing data from mail surveys with direct observations of compliance with a wildlife ordinance requiring residents to secure residential garbage from black bears (Ursus americanus). We assessed the relative influence of beliefs and attitudes toward bears and bear proofing, perceived behavioral control, perceived risks and benefits assigned to bears, norms, trust in management, previous experience with conflicts, and demographics on compliance behavior (i.e., bear proofing). Data on previous experience were obtained through direct observation and survey reports. We found that higher compliance rates were associated with more observed conflicts on a respondent's block. Counter to expectations, however, residents were less compliant when they were more trusting of the management agency and perceived more benefits from bears. We suggest that messages have the potential to increase compliance when they empower residents by linking successful management of conflicts to individual actions and emphasize how reducing conflicts could maintain benefits provided by wildlife. Modifying existing educational materials to account for these psychological considerations and evaluating their impact on compliance behavior over time are important next steps in changing human behaviors relevant to the globally important problem of human-wildlife conflict.

The Future of Labor Localism in an Age of Preemption

In recent years, labor and civil rights groups have successfully pushed for local regulation raising the minimum wage, creating new parenting and sick leave policies, and broadening anti-discrimination protections to address sexual orientation and gender identity discrimination. This article examines the viability of this worker-protective regulation at the local level in the face of current legal and political challenges. In particular, it considers the rise of state preemption laws that overturn local ordinances, which is the product of anti-regulatory mobilization at the state legislative level. The article provides case studies of state preemption and offers potential legal arguments for challenging preemption and safeguarding labor and civil rights localism. The author concludes, however, that given the uncertainty of whether these legal arguments will prevail in court, civil rights and labor advocates will need to engage politics at the state level to preserve and expand local innovations.

Implementation of the Solid Waste Management of Barangays in a Highly Urbanized City

The present alarming environmental world crisis is the uncontrolled generation and illegal dumping of solid waste (SW) that poses great harm to public health and the environment (Ali & Sion, 2014). Poor waste management may cause air, water, and soil contamination. The Republic Act 9003 (RA 9003) or the Ecological Solid Waste Management Act (ESWMA) had been in place for several years. However, its implementation was a challenge for every LGU, including in a highly urbanized city. Hence, the paper examined the level of implementation of the provisions and enforcement of prohibited acts on ESWMA of barangays as assessed by community leaders as a whole and according to their geographical location and income. Also, it explores the challenges encountered by the barangays and the recommendations of the community leaders in the implementation of RA 9003 and the local ordinance enacted by the city.

OPERATING IN A COVID-19 ENVIRONMENT FROM SHUT DOWN TO REOPENING: INDUSTRY INSIGHTS

OPERATING IN A COVID-19 ENVIRONMENT FROM SHUT DOWN TO REOPENING: INDUSTRY INSIGHTS

A Study on the Necessity of Enactment of Framework Act on Social Economy: Focusing on the Status and Contents of Si and Gun’s Local Ordinances related to Social Economy in Gyeonggi-do

Social-economic entities, such as village enterprises and cooperatives, have appeared in addition to social enterprises since the ‘Social Enterprise Promotion Act’ was enacted, and local governments have established ordinances to support them. However, the ordinances have not been generalised and applied as there is no specific definition of ‘Social Economy’ in the applicable parent Act - Social Enterprise Promotion Act. This research aims to revitalise the social economy in local cities and counties in Gyeonggi-do. Thus, the paper has conducted a comparative analysis of the characteristics of the local authorities’ ordinances. The study has identified complex problems of the local ordinances and suggests potential directions for further developments for the ‘Social Economy Ordinances’. The results of the exploration are as follows. Firstly, 27 out of 31 cities and counties in Gyeonggi-do have established and implemented the ‘Social Economy Ordinances’; however, most of them have not specified ‘parent laws’ of the ordinances. Secondly, although, the definitions of ‘Social Economy Ordinances’ are varied in individual local governments in Gyeonggi-do, they have been using similar keywords. Thirdly, the target scopes of the policies under the current ‘Social Economy Ordinances’ operated by local authorities are inconsistent and incoherent in terms of the system of norm and effectiveness. Thus, the ordinances are needed to be collectively reorganised and modified when the Basic Act on Social Economy are enacted. Although the scopes of support are proper in terms of the system of effectiveness, it is necessary to improve the post-management sections for the policy of supporting the social economy.

Living with endangered species: Collection of tree ferns in the forest-reserve of Marilog district, Southern Philippines

Scaly tree ferns are locally known as Anonotong in Southern Philippines and considered as endangered species. Its collection is prohibited, but along the highway of Marilog District, Davao City, its trading is very obvious. Hence, the study was conducted to assess the inhabitants’ relationship with tree ferns. The study described the collection, uses, economic contribution, and people's traditional perceptions of the plant. The study is descriptive using a combination of survey, Focus Group Discussion, and Key Informant Interview. It has been found out that Anonotong or Anotong is a plant less-valued by the locals. They consider it a weed that compromised the growth of cultivated plants, hence locals uproot them. The increase in population, cultivation of more farms, the entrance of tourists, construction of roads, and over-collection are the factors that led to the dwindling of tree ferns. Its trunks and handicraft products are sold at low prices. Aside from being a good source of income, plant parts are also extracted for medicinal purposes and for household utility. The plant is an endangered species that need to be conserved. However, majority of the local people do not value them, are not aware of their conservation status, and many do not understand why its collection is prohibited by the Department of Environment and Natural Resources (DENR). Hence, the conduct of awareness campaigns to the locals is found necessary and that local ordinance should be enforced by the Local Government Units and the DENR regarding the protection and conservation of this endangered plant.

Intrastate Preemption: A New Frontier in Burdening Choice

The use of intrastate preemption by states to undo local ordinances enacted to protect reproductive health and access to reproductive services has increased in recent years. State-local conflict is a long-standing aspect of the United States government system; however, these conflicts have become increasingly politicized. Explicit intrastate preemption of localities’ protective action is a new strategy states are using to make accessing reproductive care more difficult and adding burdens to the right to choose. This article explores the intrastate preemption trend, possible litigation under traditional preemption jurisprudence, and reproductive specific litigation strategies to combat this form of anti-choice legislation. While litigation against intrastate preemption may be more successful in the reproductive health space as compared to non-public health related local measures experiencing state preemption, this article concludes that advocacy against intrastate preemption legislation is the best strategy to allow localities to protect access.

Tensions in State–Local Intergovernmental Response to Emergencies: The Case of COVID-19

The U.S. emergency and disaster response system is designed to operate bottom-up, meaning responses are intended to begin at the local level with state and federal governments stepping in to assist as needed. The response to the current COVID-19 outbreak, however, has been something else entirely, as each level of government competes with the others over resources and authority. Some states preferred a local response with state support, while other states took a more uniform, state-mandated response enabled by state preemption of local actions. The latter has revealed an often-dormant means of state preemption of local ordinances: the executive order preemption. Local government managers will have to be creative in balancing responsiveness to their constituents in this time of crisis while also being constrained by their states. The administrative choices are likely to have both immediate and long-term consequences for future emergencies.

Longitudinal Fruit and Vegetable Sales in Small Food Retailers: Response to a Novel Local Food Policy and Variation by Neighborhood Socioeconomic Status.

Small food retailers, including corner/convenience stores, pharmacies, gas-marts, and dollar stores, have historically stocked limited fruits and vegetables, though this may be changing. We examined increases in sales, customer purchasing, and stocking of fresh and/or frozen fruits and vegetables in small food stores over time and in relation to: (a) a local food policy (the Minneapolis Staple Foods Ordinance) and (b) neighborhood socioeconomic status (SES). We used longitudinal data (2014–2017) from 147 randomly-sampled stores in Minneapolis/St. Paul, USA, collected using interviewer-administered manager surveys (measuring sales and stocking) and customer intercepts/observations (measuring purchasing, n = 3039). The local policy required Minneapolis stores to meet minimum stocking standards for fresh/frozen produce and other healthy foods. No ordinance existed in St. Paul. Mixed regression models examined overall change over time and change by city and neighborhood SES. We observed significant increases over time (p < 0.05) in sales and purchasing of fresh fruit and in stocking of fresh fruit, frozen fruit, and frozen vegetables. We did not identify consistent statistical evidence for differential change in sales, purchasing, or stocking by city or neighborhood SES. Key study findings suggest limited differential effects of the local ordinance and/or neighborhood SES. However, findings also indicate significant time trends for some products, including consistent improvements in sales, customer purchasing, and stocking of fresh fruit. Given the ready-to-eat convenience of many fresh fruits and their broad appeal, fresh fruit appears a promising target for advancing the healthfulness of small food retailers.

Community Perceptions of Harm Reduction and Its Implications for Syringe Exchange Policy

In the United States, the rising prevalence of opioid addiction has led to an increase in opioid-related overdose deaths and transmission of infectious disease. This resulted in the declaration of a national public health emergency and the need for harm reduction strategies such as syringe exchange. Florida has seen increases in blood-borne diseases and fatal/nonfatal opioid overdoses, yet harm reduction policy integration has been historically limited. To inform policy change, this study explores the perspectives of community members in Manatee County, Florida, on harm reduction services. Six focus groups were conducted with findings centralized around three emergent themes related to the implementation of a syringe exchange program: (a) awareness and acceptability; (b) facilitating factors; and (c) perceived barriers. The results of this qualitative research helped to inform the successful adoption of a local syringe exchange ordinance. Recommendations for community education and engagement regarding harm reduction policy are discussed.

지방자치단체의 중장년 지원 조례 분석

본 연구는 중장년 지원과 관련된 지방자치단체의 조례 제정 현황을 살펴보고, 조례의 항목구성 및 내용분석을 통하여 중장년 지원 조례의 개선 방향을 제시하는 데 목적이 있다. 이를 위하여 2020년 3월 현재 중장년 지원 조례를 제정 시행하고 있는 46개 지방자치단체의 조례를 조례 구성, 권리성, 대상자, 급여, 재정, 전달체계로 구성된 분석틀에 의거하여 분석하였다.<BR> 분석결과, 중장년 지원 조례는 지역 특성에 대한 반영 없이 광역자치단체와 기초지방자치단체 조례 모두 거의 유사하였다. 조례에 지방자치단체장의 책임과 책무규정은 미흡하며 주민의 권리는 규정되어 있지 않다. 또한 조례 대상도 주로 장년층 중심으로 되어 있어 포괄성에서 낮게 평가되었다. 급여의 종류도 지역 특성을 반영한 사업이 부족하고 상담지원, 소득지원 등 중장년에게 필요한 지원 내용을 포함하고 있지 않은 것으로 나타났다. 이외 재정 및 전달체계와 관련된 규정에서도 임의 규정이 많아 조례의 실효성을 높이기에 미흡한 것으로 나타났다. 분석결과를 기초로 중장년 지원 조례의 발전 방향을 제시하였다.