Appendix A. Sample Ordinance Form


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  • Appendix A SAMPLE ORDINANCE FORM

    SAMPLE ORDINANCE FORM SAMPLE ORDINANCE FORM

    ORDINANCE NO. ____________

    AN ORDINANCE ENTITLED

    CHANGE IN TIME OF REGULAR COUNCIL MEETINGS

    BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF KERSHAW, SOUTH CAROLINA:

    SECTION 1. Section 2.201 of the Town Code is hereby amended by rescinding the time authorized for regular Council meetings (7:00 p.m.) and inserting in lieu thereof "1:30 p.m.," so that when amended the time for regularly scheduled meetings of Council shall be 1:30 p.m.

    (THIS IS SAMPLE WORDING ONLY)

    SECTION 2. All ordinances, or parts of ordinances, in conflict herewith are, to the extent of such conflict, hereby repealed.

    (THIS PARAGRAPH CANCELS ANY CONFLICTING ORDINANCES.)

    SECTION 3. Any chapter, article, section or subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining portions hereof.

    (THIS PARAGRAPH LIMITS ANY RULING BY THE COURTS TO THE SPECIFIC SECTION TO WHICH THE RULING APPLIED.)

    SECTION 4. This ordinance shall become effective upon its final adoption.

    (ALL ORDINANCES MUST HAVE AN EFFECTIVE DATE.)

    ____________
    First Reading
    ____________
    Mayor
    ____________
    Second Reading
    ____________
    Mayor Pro tempore
    ATTEST: ____________
    Council Member
    ____________
    Clerk/Treasurer
    ____________
    Council Member
    AS TO FORM: ____________
    Council Member
    ____________
    Town Attorney
    ____________
    Council Member
    ____________
    Council Member

     

    (ALL ORDINANCES MUST HAVE TWO READINGS, AT LEAST SIX DAYS APART, AND MUST BE SIGNED BY THE MAYOR AND COUNCIL AND ATTESTED BY THE MUNICIPAL CLERK.)

    ADDITIONAL NOTES TO BE USED AS GUIDANCE FOR AMENDMENTS TO THIS CODE:

    (1) Some municipalities prefer to repeal the entire amended section and have it retyped in its entirety to avoid future confusion or misunderstanding as to the intent of council. Others prefer the short version, as above. This is especially true if the amended section is lengthy. Either way is local choice.

    (2) If a date other than that of second reading is to be the effective date, it should be inserted accordingly as a part of section 3 (of the sample ordinance) or the appropriate section number in the amending ordinance. Example: "effective on December 1, 1999."

    (3) More space than that shown in the sample ordinance can be utilized between sections, the date of readings and the signatures of the mayor and clerk/treasurer to space it more aesthetically on the page.

    (4) Upon adoption of the ordinance, the original copy, with signatures, should be placed in the Book of Ordinances (as discussed in section 2-68 of this Code).

    (5) Also upon adoption, the official copy of this Code should be amended accordingly and copies reproduced and distributed to the holders of this Code and inserted in any extra copies which have not been distributed, to keep all copies current. The clerk/treasurer should retain a list of all persons to whom a Code has been distributed so that they may receive copies of future amendments. Such amendments are called Supplements.

    (6) When this Code is amended, each change should be noted by a supplement number and date at the bottom of the amended page, lefthand corner, to denote the change. Example: Supplement #1. 8-5-2000, Supplement #2. 10-1-2000, etc.

    (7) Such changes should be noted also in the general Table of Contents, Chapter Table of Contents and the Index, as appropriate. Maintaining a chronological list of all supplements in the Book of Ordinances by date of supplement will prove helpful for future reference.

    (8) For EMERGENCY ORDINANCES, see section 2-71 of this Code.

    (9) Amending or repealing ordinances should be noted on the original copy of the ordinance repealed or amended, as required by law and as codified in section 2-69 of this Code.

    (10) As to updating this Code, some municipalities prefer to do so as amendments are made; others prefer doing so on a quarterly, semiannual or annual basis. This Code requires, at a minimum, an annual update. If a different updating schedule is preferred, the requirement should be amended accordingly. (See section 2-64 of this Code.)