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Anatomy of an Ordinance

  • Updated:

This article will introduce you to the parts of an ordinance.

 

Important Note

The parts of the ordinance highlighted in this article provide the groundwork for actual amending language. A lot of these things do not actually amend your Code, but they do provide some vital information. Some items are probably already covered in your general provisions sections and do not necessarily need to be included in amending ordinances.

 

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Example Amending Ordinance

The text shared below is an example of an amending ordinance. Each component of the example ordinance will be broken down in the sections below.

 

ORDINANCE NO. 2019-03


AN ORDINANCE AMENDING THE ANIMAL CHAPTER OF THE COOLSVILLE CODE; PROVIDING FOR IMPOUNDMENT FEES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.


WHEREAS, the cost of impounding an animal in the City of Coolsville has increased; and

WHEREAS, it is fair for the owners of the animals impounded to be responsible for the increased costs associated with impoundment; and

WHEREAS, increasing the impoundment fees will offset this burden.


NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COOLSVILLE:


Section 1. Sec. 3-4-4. Fees for Impounding, is hereby revised to read as follows:

Sec. 3-4-4. Fees for Impounding.

The fees for impounding an animal, to be paid upon redemption shall be as follows:

(1) For any horse, mule, donkey, pony, cow or similar large animal

For impounding: $10.00 $20.00;

For keeping each day: $3.00 $6.00

(2) For any dog, hog, sheep, goat or other similar animal:

For impounding: $10.00 $20.00;

For keeping each day: $2.00 $4.00

 

Section 2. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 3. SEVERABILITY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.

 

Section 4. EFFECTIVE DATE. Following passage of this ordinance by the City Council and approval by the Mayor, this ordinance shall be effective on and after October 1, 2019.

 

Approved and adopted this 6th day of June 2019.

 

CITY OF COOLSVILLE, FLORIDA

 

____________________________

MAYOR

Attest:

 

__________________________________

CITY CLERK

Publication date: May 15, 2019
First reading: May 22, 2019
Second reading: June 5, 2019

Approved as to form:

 

__________________________________

CITY ATTORNEY

 

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Ordinance (or Serial) Number

ORDINANCE NO. 2019-03

  • Quick reference number to identify the ordinance
  • Usually includes the year of either adoption or introduction
  • Having a consistent ordinance numbering scheme is really helpful to keep track of your ordinances throughout the years

 

Note: Ordinances are generally numbered by calendar year, not fiscal year; however, your municipality may choose otherwise or may determine its own numbering scheme.

 

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Caption (or Title of Legislation)

AN ORDINANCE AMENDING THE ANIMAL CHAPTER OF THE COOLSVILLE CODE; PROVIDING FOR IMPOUNDMENT FEES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.

  • Description of the legislation
  • Lets the reader know what the ordinance is about, is kind of a "quick at-a-glance cheat sheet"
  • May be used in public notices for adoption
  • Can also be used as the description of the ordinance if your city posts ordinances online before supplementation

 

Note: The title should be simple yet descriptive. Ordinances should specify which sections of the Code are affected by the ordinance.

 

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Whereas Clauses

WHEREAS, the cost of impounding an animal in the City of Coolsville has increased; and

WHEREAS, it is fair for the owners of the animals impounded to be responsible for the increased costs associated with impoundment; and

WHEREAS, increasing the impoundment fees will offset this burden.

  • Provide the reasoning behind the ordinance
  • May not always be used, but can be helpful if an ordinance is ever challenged and backup information is needed to justify the adoption

 

Note: Whereas clauses provide background information on, and intent of, the legislation and can be used at the discretion of the originator of the document.

 

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Ordaining (Enacting or Enabling) Clauses

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COOLSVILLE:

  • Language that makes the ordinance change the law
  • Must be inserted before all matter intended to have the force of law

 

Note: You will want to look at your general provisions. Is there specific language that should be used? It tells anyone who is reviewing the ordinance that the words that follow the enacting clause are to be enacted as law (if the ordinance is adopted, that is!) The enacting clause is usually written in all caps.

 

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Sections (or Provisions) of an Ordinance

Section 1.

  • Breaks down the subject matter in the body of the ordinance into units
  • Used in ordinances so that it may be read more easily
  • Used to reflect which section of the Code is being amended by taking specific action
  • Typically organized by number
  • Usually given a short title

 

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Section of Code Being Amended

Sec. 3-4-4. Fees for Impounding.

  • This is where the Code section exists within the Code
  • Can include the chapter, article, and division of the Code where the section is located
  • Typically includes the catch line of the section and helps further identify the body text being amended
  • Catch lines may also be amended in addition to the body text

 

Notes:
  • The section number of the ordinance (Section 1 in the example image above) is used in the History Notes, once incorporated into your Code
  • Changes to the Code include amending, repealing or deleting, rescinding (may be time-sensitive according to law), adding, and creating language and/or provisions to the Code

 

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Substantive Text (or the "Guts") of the Ordinance

Sec. 3-4-4. Fees for Impounding.

The fees for impounding an animal, to be paid upon redemption shall be as follows:

(1) For any horse, mule, donkey, pony, cow or similar large animal

For impounding: $10.00 $20.00;

For keeping each day: $3.00 $6.00

(2) For any dog, hog, sheep, goat or other similar animal:

For impounding: $10.00 $20.00;

For keeping each day: $2.00 $4.00

  • The middle section contains the real meat of an ordinance amendment
  • Changes will be made to the existing text by removing it, adding something new, or changing the verbiage
  • The most straightforward way to show an amendment to existing text is to:
    • State that a section of the Code is "amended to read as follows:"
    • Then set out the amended section in full
    • Add the amending language and revise the rest of the sections accordingly
    • The “guts” will change for each individual ordinance
    • You could make a template and save it without the amendments to use as you draft ordinances in the future

 

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Repealer/Conflicts Section

Section 2. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

  • In general practice, the ordinance should specifically repeal provisions that are in conflict
  • Repeals parts of other ordinances that are in conflict with the ordinance being considered
  • Can sometimes be helpful if the ordinance is challenged or ends up in litigation

 

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Severability Section

Section 3. SEVERABILITY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.

  • States if any provisions of the ordinance are declared to be void, unenforceable, or unconstitutional, that all remaining provisions continue to be in full force and effect

 

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Effective Date Section

Section 4. EFFECTIVE DATE. Following passage of this ordinance by the City Council and approval by the Mayor, this ordinance shall be effective on and after October 1, 2019.

  • Might be "according to law"
  • May coincide with the new fiscal year or calendar year, or a date that’s otherwise specific to the ordinance and its purpose or intent

 

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Adoption Date (or Date of Passage)

Approved and adopted this 6th day of June 2019.

  • The date the ordinance is actually approved by the vote of the governing body
  • If your municipal Code provides that the ordinance becomes effective upon adoption, then the adoption date or date of passage is the date the ordinance becomes law

 

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Signature Section

CITY OF COOLSVILLE, FLORIDA

____________________________

MAYOR

 

Attest:

 

__________________________________

CITY CLERK

 

 

 

Approved as to form:

 

__________________________________

CITY ATTORNEY

  • The person designated by the governing body to sign for the whole (typically the mayor, chair, or president) will sign the adopted ordinance
  • Attested by the clerk or designee
  • Some local governments have their city attorney approve "as to form"
  • May be embossed with the municipal seal

 

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Important Dates or Information

Publication date: May 15, 2019
First reading: May 22, 2019
Second reading: June 5, 2019

  • There may be a notation of the dates when the first and second readings of the ordinances were held
  • Indication of who voted and how (aye or nay) on the ordinance
  • This may be a publication date that certifies when the ordinance was advertised as part of the public notice requirements of your particular state

 

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Resources

 

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