Definitions
- Adoption Date: The date the ordinance is approved by the vote of the governing body.
- Caption: A description that lets the reader know what the ordinance is about. Used in public notices for adoption, and as the description of the ordinance if your city posts ordinances online prior to supplementation.
- The Dinkus: The dinkus is a set of three asterisks (***). They indicate that language is intentionally not included. As an example, say you have a big section that you want to amend only a tiny portion of. You don’t want to set out the entire section, so if you use the dinkus, it indicates that intentionally omitted language is not being repealed.
- Effective Date: Might be “according to law”, coincide with the new fiscal year or calendar year, or is a date that’s otherwise needed to effectuate the purpose of the ordinance.
- Model Ordinance: A draft ordinance that can be used as a starting point for creating a new ordinance. Can be tailored to meet specific requirements for your city.
- Ordaining Clause: The language that makes the ordinance change the law. It must be inserted before all matter intended to have the force of law. Look at your Chapter 1 general provisions. Is there specific language that should be used?
- Ordinance Number: Reference number to identify the ordinance; usually includes the year of adoption. A consistent numbering scheme is best.
- Repealer/Conflicts Section: Repeals parts of other ordinances that are in conflict with the ordinance being considered. As a best practice, the ordinance should specifically repeal provisions that are in conflict, but just in case, a general repealer clause can be helpful if the ordinance ends up in litigation.
- Severability Section: States that if any provisions of the ordinance are declared to be void, unenforceable, or unconstitutional, then all remaining provisions continue to be in full force and effect.
- Signature Section: The person designated by the governing body to sign for the whole (the mayor, chair, president, and others collectively). Attested by the Clerk. Some local governments have their city attorney approve/sign as well. There may also be a notation of when the first and second readings of the ordinance were held and who voted and how (aye or nay). There may be a publication certificate that sets forth when it was advertised as part of the public notice requirements of your particular state.
- Whereas Clauses: Provide the reasoning behind the ordinance; these aren’t always used but can be helpful if an ordinance is ever challenged and backup information is needed to justify the adoption.
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