Which statement about cities enacting ordinances for conduct covered by the Penal Code is false?

• A. Cities may enact ordinances for conduct covered by the Penal Code as long as the ordinance does not set a criminal penalty different from the penalty provided in the Penal Code.
• B. Cities may enact ordinances for conduct covered by the Penal Code only if the penalties align with the Penal Code.
• C. Cities may enact ordinances for conduct covered by the Penal Code and may set any penalties.
• D. Cities may not enact any ordinances addressing Penal Code conduct.

Answer: (A)

Local governments can regulate conduct that the Penal Code covers, but their penalties must stay within the limits set by the Penal Code for that offense. They do not have to mirror the Penal Code’s penalty exactly; they may impose penalties that are within the allowed maximum (often fines, and not exceeding the state maximum), and they cannot impose penalties beyond what the Penal Code permits. The statement that penalties must be identical to the Penal Code’s penalties is therefore incorrect. In practice, a city can enact such ordinances as long as the penalty is within the statutory maximum for that offense, not necessarily exactly the same.