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CONCLUSION

We find that the City Helmet Ordinance fails under implied field preemption due to the need for statewide uniformity and therefore issue a declaratory judgment invalidating the ordinance. Moreover, we hold that certain Motorcycle Ordinances were impliedly repealed by the ordinance repealing the administrative hearing system.

JUDGMENT FOR PETITIONERS.

TOAL, C.J., BEATTY, KITTREDGE and HEARN, JJ., concur.
[1] Petitioners contend the following ordinances were invalidated by repeal of the ordinance establishing the administrative hearing system: 2008-61 (accommodations restrictions); 2008-62 (consumption and open possession of alcohol in parking areas); 2008-63 (use of parking lots for non-parking activities); 2008-64 (helmet and eyewear requirements for cycles and mopeds); 2008-65 (parking of trailers on public streets or unlicensed private lots); 2008-66 (convenience store and premises security); and 2008-67 (minor or juvenile curfew).
[2]Because we find that the Helmet Ordinance fails under implied field preemption, we need not reach Petitioners’ remaining preemption issues. See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (appellate court need not discuss remaining issues when disposition of prior issue is dispositive). Additionally, we need not address Petitioners’ request for a writ of prohibition barring the municipal court from exercising jurisdiction over the alleged ordinance violations. See Sangamo Weston, Inc. v. National Surety Corp., 307 S.C. 143, 148, 414 S.E.2d 127, 130 (1992) (“This court will not issue advisory opinions . . . .”).
[3] Though Petitioners phrase their argument as whether the administrative hearing ordinance is “severable” from the Motorcycle Ordinances, Petitioners actually argue implied repeal.

Read more: http://www.thesunnews.com/2010/06/08/1519956/read-the-sc-supreme-courts-opinion.html#ixzz0qHI2KKuj

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