Codification & Ordinances Flashcards
7 cards from real CMC practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Codification & Ordinances flashcards as text
When must an emergency ordinance typically take effect in most jurisdictions?
Answer: Immediately upon passage or as stated in the ordinance
Emergency ordinances take effect immediately or on the date specified, bypassing normal waiting periods to address urgent public safety or welfare situations.
A 'grandfather clause' in a zoning ordinance most commonly:
Answer: Allows previously lawful nonconforming uses to continue under new regulations
Grandfather clauses protect vested rights by permitting nonconforming structures or uses that legally existed before a zoning change to continue operating.
In most states, how many readings are required before a regular ordinance can be adopted?
Answer: Two or three readings, often at separate meetings
State statutes typically require ordinances to be read by title or in full on two or three occasions, often at separate meetings, to ensure deliberation.
What role does the municipal clerk play during the ordinance adoption process?
Answer: Certifying, recording, and publishing the ordinance after adoption
The clerk authenticates the adopted ordinance, enters it in the official record, and ensures it is published or posted as required by law.
A municipality's code states that any ordinance 'inconsistent with this code' is repealed. This is an example of a:
Answer: General repealer clause
A general repealer clause automatically repeals all prior ordinances that conflict with the newly adopted code, avoiding the need to list each one individually.
Which publication is commonly used by municipalities as the official record of adopted ordinances before they are codified?
Answer: The ordinance book or ordinance register
An ordinance book or register is the official chronological repository of adopted ordinances that serves as the authoritative record before and after codification.
What is the significance of an ordinance's 'effective date' when it differs from its 'adoption date'?
Answer: Rights and obligations under the ordinance do not arise until the effective date
The effective date is when the ordinance becomes binding law; conduct before that date is governed by prior law regardless of when the council voted.