CMC Codification & Ordinances 5

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

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

Answer

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

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

Adopt an ordinance specifically repealing that section by section number

Answer

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

Question 5

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

Accepted Answer

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

Answer

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.

(CMC) Certified Municipal Clerk Practice Test

(CMC) Certified Municipal Clerk Practice Test

CMC Codification & Ordinances 5