City of Portland v. Jacobsky

SCOLNIK, J.,

with whom GLASSMAN,

J., joins, concurring in part and dissenting in part.

I concur with the Court’s holding on the non-constitutional issues in this appeal. The Portland Ordinance is neither expressly nor implicitly preempted by State legislation. 30 M.R.S.A. § 1917 (1978). The enactment procedure complied with the clear purposes of the Portland Municipal Code. Crosby v. Inhabitants of the Town of Ogunquit, 468 A.2d 996, 998 (Me.1983). The procedure for adjudicating, and the punishment for committing, a civil violation under the ordinance do not place it in a larger criminal…