§ II. PROCEDURE FOR DRAFTING ORDINANCES


Latest version.
  • This Code has been codified using a logical, expandable numbering system to allow for additions, repeals or amendments. When drafting ordinances, it is important to designate, within the ordinance, what specific portions of the Code are affected. The ordinance(s) underlying the section being changed can be determined from the ordinance history note in parentheses at the end of each section.
    Effect of Title.
    The title of an ordinance and any introductory language appearing before the ordaining clause has no legal effect. The title may state that the ordinance repeals (or amends or adds) certain provisions, but in order for these changes to be effective, the intended repeal, amendment or addition must be set out following the ordaining clause.
    Procedure When Amending Existing Code Material.
    Amend the Code section specifically. The underlying ordinance section may also be included.
    Examples: § 3.04.020 of the ____________ Municipal Code is amended to read as follows:
    § 3 of Ord. 319 and § 3.04.020 of the ____________ Municipal Code are amended to read as follows:
    If only a portion of a section is being amended, designate the specific portion:
    Example: § 3.04.050(A)(2) of the ____________ Municipal Code is amended to read as follows:
    Procedure When Repealing Existing Code Material.
    When repealing material, designate the specific portion of the Code to be repealed. Include the underlying ordinance section if you wish; however, we consider both Code section and underlying ordinance to be repealed whether you mention the underlying ordinance or not.
    Examples: § 3.04.020 of the ____________ Municipal Code is repealed.
    § 3 of Ord. 319 and § 3.04.020 of the ____________ Municipal Code are repealed.
    Subsection B of § 3.04.020 of the ____________ Municipal Code is repealed.
    Procedure When Adding New Material to Code.
    When new provisions are to be added to the Code, you should determine where the material would best fit within the subject matter of the existing section, chapter or title. If there is no existing section, chapter or title, you should assign a new section, chapter or title number. Our expandable decimal numbering system is designed to allow for the incorporation of new material without disturbing the numbering system of existing material.
    The following language is sufficient to locate new material in the Code:
    Subsection D is added to § 5.10.040 of the ____________ Municipal Code, to read as follows:
    § 5.10.040 of the ____________ Municipal Code, to read as follows:
    Chapter 12.07 is added to the ____________ Municipal Code, to read as follows:
    If you have any questions as to the proper placement of a new provision, please contact us.