Which statement accurately describes how city ordinances regulate conduct covered by the Penal Code?

• A. They may enact ordinances only if penalties match the Penal Code penalties.
• B. They may enact ordinances for Penal Code conduct as long as the penalty does not differ from the Penal Code penalty.
• C. They may enact ordinances regardless of penalties.
• D. They may not enact ordinances for Penal Code conduct.

Answer: (B)

Citys can regulate conduct that the Penal Code already criminalizes, but the punishment they assign must line up with the Penal Code for that offense. This keeps punishment consistent across the state and prevents a city from imposing a different or harsher penalty than what the Penal Code provides. That’s why the statement that ordinances may regulate Penal Code conduct as long as the penalty does not differ from the Penal Code penalty is correct. If a local ordinance tried to set a different penalty, it would conflict with state law and could be invalid or unenforceable.