Definition
An Ordinance is a piece of legislation passed by a municipal authority. It is a local law that applies to individuals, businesses, and activities within the jurisdiction of a local government, such as a city or town. Once enacted, an ordinance holds the same legal weight as a statute passed by higher legislative bodies such as state or federal legislatures.
Examples
- Zoning Ordinance: Establishes land use regulations and the types of structures that are permissible within various areas of a municipality.
- Noise Ordinance: Governs the acceptable levels of noise at different times of the day to maintain a peaceful environment within the community.
- Health and Safety Ordinance: Enacts regulations to ensure public health, such as sanitation standards, building codes, and fire safety requirements.
- Parking Ordinance: Imposes regulations on parking within city limits, including areas where parking is restricted and the time limits for parking in certain zones.
Frequently Asked Questions (FAQs)
What is the difference between an ordinance and a statute?
Ordinance: A law passed by a municipal government.
Statute: A law passed by a state or federal legislature with wider jurisdiction.
How is an ordinance enacted?
An ordinance is typically proposed, discussed, amended, and voted on by members of a city council or similar municipal governing body. Once it is approved by the majority and signed by the mayor (or relevant authority), it becomes law.
Can ordinances enforce penalties?
Yes, ordinances can establish penalties, such as fines or other punishments, for violations of the law within that jurisdiction.
Where can I find local ordinances?
Local ordinances are often accessible via a municipality’s official website, city clerk’s office, or local library.
Can an ordinance be challenged?
Yes, ordinances can be challenged in a court of law if they are believed to be unconstitutional or conflicting with higher jurisdiction laws.
Bylaw: A rule made by a company or society to control the actions of its members.
Statute: A written law passed by a legislative body at the state or federal level.
Regulation: A rule made by an executive authority or regulatory agency in a specific field.
Online References and Resources
- Municipal Research and Services Center (MRSC) - A resource for local government laws and regulations.
- National League of Cities (NLC) - Provides support and resources for local government officials.
- FindLaw - Offers a broad database of legal resources, including municipal laws and ordinances.
Suggested Books for Further Studies
- “Local Government Law: Cases and Materials” by Lawrence Rosenthal and David A. Dana
- “Municipal Ordinances” by K. H. Satterlee
- “Understanding Local Government” by Frank T. Read and Roger C. Hartley
- “The Legal Foundations of Local Government in the United States” by Daniel W. Lauber
Fundamentals of Ordinance: Business Law Basics Quiz
### What is an ordinance?
- [x] A local law passed by a city council or similar municipal authority.
- [ ] A regulation set by a federal agency.
- [ ] A bylaw established by a private organization.
- [ ] An international treaty between nations.
> **Explanation:** An ordinance is a local law enacted by a city council or similar governing body, affecting persons and things within the local jurisdiction.
### What commonly characterizes an ordinance once it is duly enacted?
- [x] It has the same force as a statute.
- [ ] It is only a recommendation.
- [ ] It applies nationwide.
- [ ] It is subject to immediate expiration.
> **Explanation:** Once enacted, an ordinance carries the same legal weight as a statute passed by state or federal legislatures.
### Which body usually enacts ordinances?
- [ ] Federal courts
- [ ] State legislatures
- [x] City councils or similar municipal bodies
- [ ] International organizations
> **Explanation:** City councils or similar municipal governing bodies usually enact ordinances.
### How can local residents access information on ordinances?
- [x] Through the municipality's official website
- [ ] Only by visiting the state capital
- [ ] After obtaining a permit
- [ ] By contacting federal agencies
> **Explanation:** Information about local ordinances is often accessible via a municipality's official website, city clerk's office, or local library.
### Who typically signs an ordinance into law after it has been voted on by the local council?
- [ ] The President
- [ ] A federal judge
- [x] The Mayor or relevant authority
- [ ] The Governor
> **Explanation:** Once approved by the majority of the local governing body, an ordinance is typically signed into law by the Mayor or another relevant local authority.
### Can ordinances establish penalties?
- [x] Yes, they can impose fines or other punishments for violations.
- [ ] No, they are only advisory in nature.
- [ ] Only if approved by a federal agency.
- [ ] Only if they relate to health and safety.
> **Explanation:** Ordinances can establish penalties, such as fines or other punishments, for violations of the law within that jurisdiction.
### What term is closely related to ordinance and refers to rules made by a company or society?
- [ ] Statute
- [x] Bylaw
- [ ] Regulation
- [ ] Constitution
> **Explanation:** Bylaw refers to a rule made by an organization or society to regulate actions of its members, which is closely related to the concept of an ordinance at the municipal level.
### Can ordinances be challenged in court?
- [x] Yes, if they are believed to be unconstitutional.
- [ ] No, they are always final.
- [ ] Only by state legislatures.
- [ ] Only upon executive review.
> **Explanation:** Ordinances can be challenged in court if they are believed to be unconstitutional or conflicting with laws of higher jurisdiction.
### What is an example of an ordinance?
- [ ] A federal privacy regulation
- [x] A noise ordinance controlling acceptable noise levels in the city
- [ ] A company's internal policy
- [ ] An international trade agreement
> **Explanation:** A noise ordinance is an example of a local law controlling acceptable noise levels within a municipality.
### Ordinances are generally intended to address what scope of concerns?
- [ ] National defense issues
- [ ] Inter-state commerce
- [x] Local community concerns
- [ ] International diplomacy
> **Explanation:** Ordinances are generally designed to address local community concerns such as zoning, safety, and public health within the municipality.
Thank you for exploring the detailed world of ordinances and local legislation. We hope this primer, along with our quizzes, helps solidify your understanding of municipal law.
