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0 tracked cards Criminal Law

Ordinance No. 2019-83 of the City of Lumbao criminalizes possession of unlicensed fireworks within city limits. A violator is punishable by imprisonment for 2 months to 1 year. The ordinance contains an exemption: "This section shall not apply to the City Mayor, his spouse, and those acting under his direct orders." In terms of the Generality principle, which statement best explains whether the ordinance complies, and what would be the appropriate remedy if it does not?

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The ordinance does not comply with the Generality principle because it grants a named exemption to a City official and his circle, which renders the law non-general; the proper remedy is to strike the exemption so the offense applies generally to all within city limits. The ordinance is void for vagueness because the term "unlicensed fireworks" is undefined; the remedy is to provide a definitional licensing standard. The ordinance complies with Generality; the exemption is incidental and does not defeat the general purpose of the offense. The ordinance violates equal protection rather than Generality; the remedy is to strike down the exemption under equal protection analysis.

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