Codification & Ordinances Flashcards

Which of the following best describes the 'enacting clause' of an ordinance?

Answer: Formal language such as 'Be it ordained by the City Council of...' that gives the ordinance its legal force

The enacting clause is constitutionally or statutorily required language that formally declares the governing body is exercising its legislative power.

A city discovers that two sections of its code prescribe different penalties for the same offense. The best corrective action is to:

Answer: Adopt an amendatory ordinance to resolve the conflict and update the code accordingly

Legislative action through an amendatory ordinance is the proper way to resolve internal code conflicts, ensuring clarity and consistency in enforcement.

Under the principle of 'noscitur a sociis,' how should an ambiguous term in an ordinance be interpreted?

Answer: By the meaning of the surrounding words and context in which it appears

This Latin maxim means 'a word is known by its associates,' so ambiguous terms are clarified by the other words and context surrounding them in the ordinance.

A municipality wants to repeal a specific section of the code without affecting other sections. The proper method is to:

Answer: Adopt an ordinance specifically repealing that section by section number

Specific repeal requires a formal ordinance identifying the targeted section by number; only the governing body can repeal a provision it enacted.

What does it mean when a municipal code is described as 'officially published'?

Answer: It has been formally adopted by the governing body and designated as the authoritative legal text

An officially published code is one the governing body has adopted by ordinance, making it the official, legally authoritative version of the municipality's laws.

Which of the following is a key advantage of continuous code maintenance over periodic complete recodification?

Answer: It keeps the code current through regular supplements, reducing the risk of enforcement using outdated law

Regular supplements incorporate new legislation promptly, preventing the code from becoming stale and reducing enforcement or compliance errors based on outdated text.

When a home rule municipality adopts an ordinance that conflicts with a general state law, the usual outcome is:

Answer: The local ordinance prevails on matters of local concern within the scope of home rule authority

Home rule grants municipalities authority to govern local affairs, and a locally enacted ordinance on a matter of purely local concern can supersede conflicting general state law.