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Uptown Ordinance

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The facts at issue here are not in dispute, the Uptown town council has passed an ordinance “[n]o person may drive a vehicle into a public park,” notice of such ordinance was posted at the entrance of the park in question, the ambulance driver responding to an emergency call in the park saw the sign but continued on to respond to the emergency call, a police officer observed the ambulance driver’s action and followed him into the park and gave the driver a ticket, and now the District Attorney would have us find the ambulance driver guilty of violating the ordinance. While we acknowledge the District Attorney’s point of view, we are not so easily swayed by these stipulated facts and feel that we need to consider the meaning and policy behind the statute. While the statute seems fairly straightforward, we find that it is the definition of the word vehicle here that gives us pause and seems ambiguous. We see the way in which we define this word could have far reaching implications and imperil the intentions of the Uptown town council when it implemented such an ordinance and therefore, we take care in our analysis.
Our forefathers found it prudent to invest legislative power not in the courts but elected bodies such as Congress. Judicial review, as created in Marbury v. Madison, did not create a legislative stick for the judiciary, but rather allowed the judiciary to corral the powers of the …show more content…
Therefore, we tread carefully so as not to become judicial advocates and create our own law. The Uptown ordinance on examination by this court does not violate the Constitution of the U.S. or of the state of New York and therefore we find that it is legally enforceable against this ambulance driver should it apply to him. Thus we come back around the question of what does the word “vehicle” mean? Did the Uptown town council mean only personal cars, official vehicles, did the town

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