Amending Your Code

At some point, it will become necessary for your governing body to amend your municipality’s existing Code of Ordinances. This article is meant to assist you with the process of amending an existing Code.

Draft an Ordinance to Make an Amendment to Existing Codified Law

• Refer to or consult your existing Code to draft the ordinance.
• Make amendments by using your existing Code as the source material. In other words, amend the Code, not prior ordinances. If amendments are made to a prior ordinance, rather than to the Code itself, you run the risk of accidentally drafting from old, obsolete language.
• This will make amendments much more accurate and will make supplementing your Code much more efficient.
• Be sure to amend the most current version of the text.

What if you're not sure how to structure the ordinance or where to start?

• Check Chapter 1 of your existing Code and find out what it says about how to draft an amendment. You might have a section in chapter 1 that specifies how amendments should be made (see example)
• Some really important general provisions sections can be found in Chapter 1 of your Code. They cover particularly useful things like definitions that apply throughout the Code, general penalties, and many other things

How do you know what the most current version is?

• Go to your online Code to determine if what you're using is up to date
• Note when the Code was last supplemented
• Ascertain if any ordinances on your subject haven’t been codified yet; that would mean they aren’t yet reflected in the updated Code
• Scroll through the descriptions of the ordinances to find the most up-to-date language that has been adopted

How would you draft an ordinance if you don't know where the subject matter in your ordinance should go in the Code?

Try using the existing resources in the Code itself. Consult the table of contents, the index, and even the state law reference table as a resource to find similar topics

If You're Still Not Sure Where Your Subject Matter Should Go, Contact Your Codifier for Suggestions

Your codifier sees thousands of ordinances a year and has very likely seen legislation that deals with the very topic your municipality is addressing. If you do not know where it should go in the Code, call and ask during the drafting process. We are always more than happy to give you suggestions.

Other Reasons to Consult the Code When Drafting a New Ordinance

• There may already be existing provisions that pertain to the same topic; those provisions are going to be superseded by your new (amending) legislation
• You should draft your ordinance to both repeal existing provisions and add new ones in their place

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Tips for Drafting an Amending Ordinance

One way to indicate that amendments are being made is to use "amended to read as follows" language. When using "amended to read as follows" or "repealed and reenacted to read as follows," it's important to include the entire section in question on the ordinance.

The example image below shows a scenario where this language can be misleading.

Amendments are being made in subsections (a) and (b). There's a subsection (c) in the existing section as well, but it's been left off the ordinance because no changes were being made to it. Because the drafter used "amended to read as follows" it suggests that this text is the entirety of the amended section and it looks like (c) is being removed. In order to ensure that it's perfectly clear that (c) should remain, unchanged, the ordinance drafter should:

• Revise the intro to say § 2-15 subsections (a) and (b) of the Coolsville Code of Ordinances are hereby amended to read as follows” or
• Include the unchanged subsection (c) on the ordinance or
• Use strike-through and underline of the amended text on the ordinance instead to reflect the changes that are being made to subsections (a) and (b) of section 2-15 City beautification board created, membership.

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The Dinkus

What is a Dinkus? The dinkus is a set of three asterisks (***). Using it indicates that certain provisions (or portions of a section) are intentionally not included in the amending language. It also indicates that intentionally omitted language is not being repealed.

As an example, let’s say you’ve got a really big section of Code but you only want to amend a tiny portion of it. You don’t want to set out the entire section, so you use the dinkus.

In the example image below, note that the subsections go from (A) to (S). You know the alphabet, so what happened to subsections (B) through (R)? The dinkus indicates that the person drafting this language meant to leave that out, but it is not being repealed. Subsections B through R just weren’t included in the body of the ordinance.

You should also note the usage of strike-through and underline to indicate the text being amended in the subsections.

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New Language in Whole

In the example amending ordinance image below, the "guts" of the ordinance is the provision being amended and how it will read, once adopted by the governing body. The amendment is being made "in whole" to Code Section 2-5, entitled Duty to attend meetings of commission (most likely found in Chapter 2. Administration).

Notice there is no underline and strike-through, which would indicate that specific words within this section were being changed, added, or deleted. This municipality is instead adding new language by amending the entire section “in whole.”

You should also note that:

• Section 1 identifies the section of the Code that is being amended, Code section 2-5, to "read as follows" and then lays out the entire amendment that the governing body is considering in the "guts."
• The "Guts" or substantive text is what contains the amendment to section 2-5; basically, the original provision is being "swapped" in its entirety for the new verbiage being considered.
• Section 2 is the Repealer/Conflicts section that repeals the parts of other ordinances (within the Code) that may conflict with this new language.
• Section 3 sets the effective date by stating it would become effective immediately upon adoption and the adoption date was April 5, 2019. Therefore, the new language becomes effective as of April 5, 2019.

Amending language you might see used:

• Amend: Changes the verbiage in some way, may add or delete verbiage, or sections, can be reflected by strike-through and underlining to make the changes clear
• Repeal: Deletes or removes the portion of text, or section, from the Code; new verbiage would be “reenacted” by the amendment as well

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Using Strike-Through and Underline

In the example amending ordinance image below, the "guts" of the ordinance reflect how the provision is being amended and how Code Section 2-15, entitled Membership would read, once adopted by the governing body.

Note that it contains words that are underlined and struck-through, which would indicate that specific words within this section are being changed, added, or deleted, and not the entire section.

You should also note that:

• Section 1 identifies that amendments are being made to Section 2-15, "as follows."
• The "Guts" or substantive text reflects those amendments, which change the number of members and the length of term for each city commissioner. The governing body is considering those specific changes to that provision only.
• Section 2 is the Repealer/Conflicts section that repeals the parts of other ordinances (or within other provisions of the Code) that may conflict with this new language.
• Section 3 sets the effective date, by stating it would become effective immediately upon adoption and the adoption date was March 10, 2019. Therefore, the new language becomes effective as of March 10, 2019.

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Adding a New Section

In the example amending ordinance image below, the "guts" of the ordinance is the new provision being added to the Code Chapter 3, entitled "Section 3-4. Early voting." The governing body is considering adding the new section to chapter 3, "to read as follows."

You should note that:

• Section 1 identifies that an amendment is being made to Chapter 3, by creating and adding the new Section 3-4, early voting.
• The "Guts" or substantive text is the provision to the Code that will be added in its entirety, once adopted by the governing body.
• Section 2 is the Repealer/Conflicts section that repeals the parts of other ordinances (or within other provisions of the Code) that may conflict with this new language.
• Section 3 sets the effective date by stating it would become effective immediately upon adoption and the adoption date was June 2, 2019. Therefore, the new language becomes effective as of June 2, 2019.

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Repealing an Existing Section

In the example amending ordinance image below, the ordinance is repealing (deleting or removing) an entire, existing section from the Code, in this case under Chapter 4, Article II, Section 4-9.

You should note that:

• Section 1 identifies that Chapter 4, article II, section 4-9 is to be repealed (deleted or removed) from the Code, in its entirety.
• This ordinance does not contain "Guts" or substantive text reflecting what is specifically being removed from the Code.
• Section 2 is the Repealer/Conflicts section that repeals the parts of other ordinances (or within other provisions of the Code) that may conflict with this new language.
• Section 3 sets the effective date by stating it would become effective immediately upon adoption and the adoption date was June 3, 2019. Therefore, the new language becomes effective as of June 3, 2019.

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Helpful Tools for Drafting an Amending Ordinance

Your Current or Existing Code

When drafting an ordinance to make an amendment to existing codified law, refer to your Code. Using your existing Code as the source material will make those amendments much more accurate and will make supplementing your Code much more efficient.

Your Previous Ordinances

Make a template from a previous ordinance and save it (without the amendments) to use as you draft ordinances in the future. Just add the amendment language and revise the rest accordingly.

Text from Another City or a Model Ordinance

If you’re not the only city dealing with an issue, for example, you’ve discovered that Coolsville has already adopted an ordinance that will work perfectly for your city, or there’s a model ordinance that has worked well for others, you can adopt it, too. If you adopt one of these, be sure to read it all and make changes where necessary; there might be a sneaky reference to an internal citation (or cross-reference) or to another state law or another county.

Table of Contents, the Index, the State Law Reference Table

If you're not sure where an ordinance should be placed in your Code, or where the base ordinance you're amending is already located, check these resources that may already be in your Code.

Chapter 1 of the Code

The general provisions section of Chapter 1 covers useful things like definitions that apply throughout the Code, general penalties, and how amendments should be made.

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Resources

• Suggested Steps for Drafting an Ordinance
• Drafting an Ordinance Based on Another Entity's Legislation

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