§ 31-1-102 — Application - legislative intent

(1) In the recodification of this
title, certain provisions which previously applied or may have been interpreted to
apply to limited categories of municipalities have been applied to all municipalities,
whether statutory, home rule, or special territorial charter. Except for those
provisions which expressly apply only to limited categories of municipalities, it is
the intent of the general assembly that the provisions of this title shall apply to
home rule municipalities except insofar as superseded by charter or ordinance
passed pursuant to such charter and to all statutory cities and towns and shall be
available to special territorial charter cities and towns unless in conflict with the
charters thereof. The general assembly further declares that in the recodification of
this title and in the use of the term municipality in this title there is no legislative
intent to affect or modify the application of the provisions of this title with respect
to preemption of home rule or special territorial charter powers, which preemption
may or may not have existed on the effective date of this recodification (July 1,
1975). The use of the term municipality in future additions or amendments to this
title shall not in and of itself create a presumption for or against preemption of
home rule or special territorial charter powers.

(2) Where any power is granted in this title to a specific municipal official or
group of officials, that power may be exercised within any home rule municipality
by the officials, to the extent and in the manner, designated in the particular home
rule charter or ordinance passed pursuant to such charter.

Legislative History

Source: L. 75: Entire title R&RE, p. 1006, � 1, effective July 1.