CMC Codification & Ordinances 3 — Questions and Answers
Question 1: What distinguishes an ordinance from a resolution in most municipalities?
- Resolutions require a supermajority vote; ordinances do not
- Ordinances are permanent laws; resolutions typically address temporary or administrative matters (Correct answer)
- Resolutions must be published in a newspaper; ordinances need not be
- Ordinances expire automatically after one year; resolutions do not
Correct answer: Ordinances are permanent laws; resolutions typically address temporary or administrative matters
Ordinances create permanent, binding laws of general application, while resolutions usually handle administrative, policy, or one-time decisions.
Question 2: When codifying ordinances, conflicting provisions between two ordinances are generally resolved by applying:
- The ordinance with the higher penalty
- The later-enacted ordinance, which is presumed to supersede the earlier one (Correct answer)
- The ordinance with broader geographic scope
- The ordinance approved by the largest council majority
Correct answer: The later-enacted ordinance, which is presumed to supersede the earlier one
Under the rule of implied repeal, a more recent ordinance supersedes an earlier inconsistent ordinance on the same subject matter.
Question 3: A 'numbering system' used in municipal code codification most commonly follows which structure?
- Alphabetical by topic with sequential section numbers
- Title-Chapter-Article-Section hierarchy with decimal notation (Correct answer)
- Chronological by adoption date
- Random assignment to prevent selective amendment
Correct answer: Title-Chapter-Article-Section hierarchy with decimal notation
Most codified municipal codes use a hierarchical numbering scheme (e.g., Title 2, Chapter 4, Section 2-401) that groups related laws and allows easy insertion of new material.
Question 4: State law typically requires municipal ordinances to be published or posted primarily to:
- Generate revenue through newspaper subscription fees
- Provide official notice to citizens so they can comply with and challenge the law (Correct answer)
- Allow the state to review local legislation before it takes effect
- Create a permanent archive for historians
Correct answer: Provide official notice to citizens so they can comply with and challenge the law
Publication requirements ensure due process by notifying the public of new legal obligations before enforcement begins.
Question 5: Which section of an ordinance typically states what actions are prohibited or required?
- The preamble
- The enacting clause
- The body or operative provisions (Correct answer)
- The attestation clause
Correct answer: The body or operative provisions
The body contains the substantive operative provisions that create rights, impose duties, or establish prohibitions.
Question 6: A municipality wishes to adopt the International Fire Code by reference. Under most state laws, it must:
- Reprint the entire code verbatim in the ordinance
- Provide at least one copy for public inspection and reference it by title and edition (Correct answer)
- Obtain written consent from the International Code Council
- Submit the code to voters for approval at the next election
Correct answer: Provide at least one copy for public inspection and reference it by title and edition
Adoption by reference is valid when the municipality identifies the document clearly and makes it accessible to the public, typically at the clerk's office.
Question 7: What is 'decodification' in the context of municipal law?
- Converting a municipal code from print to digital format
- The process of removing ordinances from the code when they are repealed or expire (Correct answer)
- Translating the code into plain language for public accessibility
- Reorganizing the code's chapter structure without changing content
Correct answer: The process of removing ordinances from the code when they are repealed or expire
Decodification refers to the removal of provisions from the code that have been repealed, declared invalid, or no longer apply, keeping the code current.
CMC Codification & Ordinances 3
What distinguishes an ordinance from a resolution in most municipalities?