Suggested Steps for Drafting an Ordinance

This article will provide a set of steps that we recommend you use to draft an ordinance.

Suggested Steps to Take to Draft an Ordinance

1. Determine the Purpose of the Ordinance: It may be in response to a specific need of the municipality and should be adequately addressed.
2. List All the Points that Need to be Covered in the Ordinance: Think of all the aspects of the issue that will have to be covered to address the issue or need.
3. Research the Different Points: This may be research into the extent of the issue within the community. Other municipalities are a good source of information. See if they have dealt with a similar problem through an ordinance that may be adapted to the local situation. Always check with state law requirements, if any, on the subject.
4. Write a First Draft of the Ordinance: The draft should cover each of the points that have been determined to be included in the ordinance, and should address only one general subject area. Use simple language or use a definitions section to clarify any technical terms. Refer to other ordinances of the municipality for examples of form or structure.
5. Review Each Sentence Carefully: Does it make sense? Are there typographical errors? Is the meaning clear and not subject to misinterpretation? If the ordinance refers to a penalty, have the penalty and its enforcement procedures been stated?
6. Review the Ordinance As a Whole: Does the draft address all the points necessary to deal with the issue? Does it follow the requirements of the form established in the municipality’s General Provisions chapter? This is the section of your code that establishes the rules or guidelines for the adoption of the municipality’s ordinances.
7. Prepare the Title: The title of the ordinance should contain a summary of what the ordinance is addressing. The assigned number and the title may be used to provide the summary required for public notice.
8. Have the Municipal Attorney Review the Final Draft: It is generally beneficial to have an attorney review the final draft of the legislation as to form and legality.

When in Doubt When Drafting an Ordinance (or Legislation)

There are various resources in addition to your Code. Another municipality may have legislation that you can use as examples or model ordinances. State municipal leagues, state clerk/recorder associations, and the International Institute of Municipal Clerks are also good resources to reach out to for assistance. These entities may also retain model ordinances you can use to apply to your situation.

Resources

• Drafting an Ordinance Based on Another Entity's Legislation