Keith Mack
Creating a city law, or ordinance, involves a specific process that varies depending on the location. In the United States, for example, cities can pass different types of ordinances, such as amending or creating new ordinances, depending on their purpose. The process often includes steps like identifying a problem or need for change, drafting the proposed ordinance, reviewing and debating the proposal, and ultimately approving and enacting the ordinance. This process typically involves various stakeholders, including citizens, council members, city clerks, attorneys, and legislative bodies, to ensure transparency and allow for public input. The specific steps and requirements may differ across cities and states, and it's important to refer to the local legislative procedures for detailed information on how a city law is created in a specific jurisdiction.
| Characteristics | Values |
|---|---|
| Terminology | In the US, a city law is called an "ordinance". |
| Process | There is a predetermined process for passing an ordinance, which includes public input and the opportunity for citizens to be heard. |
| Initiation | A proposed ordinance can be initiated by a citizen or a council member identifying a problem or issue. |
| Amendments | Amendments to existing ordinances may be required due to new federal or state legislation. |
| Local Jurisdiction | Cities and towns can enact local ordinances as criminal laws that cover the same crimes as state laws, but only if the penalty is higher. |
| Exclusions | Some subjects are prohibited from being covered by local ordinances, such as gun control laws in Maryland. |
| Legislative Review | Proposed legislation is reviewed by the Law Department and must include a Fiscal Note describing financial implications. |
| Committee Review | Bills are reviewed and voted on by committees, with routine bills requiring less time than complex ones. |
| Public Hearings | Public hearings provide an opportunity for citizens to comment on proposed legislation and address the Council. |
| Council Vote | The Full Council discusses, debates, amends, or holds the bill, and then takes a roll call vote to pass or not pass the bill. |
| Mayoral Veto | The mayor can veto a bill, but the City Council can override the veto with a sufficient number of votes. |
| Record-Keeping | The Office of the City Clerk maintains official records, provides support to the City Council, and manages historical records. |
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What You'll Learn
Understanding the local government's powers
Firstly, it's important to recognise that local governments have the power to initiate law-making processes. A problem or issue may be identified by a citizen or a council member, prompting the local government to propose a new ordinance or amendment to an existing one. This proposal is called a "proposed ordinance". The scope of these ordinances can vary, from addressing specific issues like the use of E-bikes to broader topics such as land use, planning, public order, and transport issues.
The local government's powers are also influenced by the state laws. In some states, local laws cannot duplicate state laws, and certain subjects are prohibited from being covered by local ordinances. For example, in Maryland, local governments are prohibited from enacting ordinances related to gun control and the possession, carrying, and ownership of firearms or ammunition. On the other hand, in states that allow local ordinances to impose harsher penalties, a city or county may enact a local ordinance covering the same crime or violation as a state law, but only if the penalty provided by the local ordinance is higher.
Another aspect to consider is the involvement of citizens and stakeholders. Local governments must follow predetermined processes that ensure transparency and allow for public input. This includes making information accessible through publications, such as regular and administrative codes, which outline the powers and duties of legal institutions within the jurisdiction. Additionally, during the law-making process, there are often opportunities for citizens to voice their opinions and influence the outcome.
Finally, local governments often have specific parliamentary procedures that must be followed when drafting and approving ordinances. These procedures may include the use of templates and legal language requirements, and research conducted by the city clerk or attorney to ensure compliance with state laws and avoid conflicts with existing legislation. The local assembly and the elected representative, such as the mayor, also play a role in approving ordinances. Understanding these procedures is crucial for effectively creating and implementing city laws.
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Identifying the problem
The first step in creating a city law is identifying the problem that needs to be addressed. This could be a problem identified by a citizen or a council member. For example, a citizen may complain about a specific issue in their community, such as noise pollution or traffic congestion. Alternatively, a council member may recognise a gap in the existing laws that need to be addressed.
It's important to clearly define the problem and understand its scope and impact on the community. This involves gathering information, conducting research, and analysing data to identify the root cause of the problem. Are there specific trends or patterns that indicate a broader issue? What are the potential consequences if the problem is left unaddressed? Understanding the problem in depth will help guide the law-making process and ensure that the proposed solution is effective and feasible.
In some cases, the problem may be specific to a particular neighbourhood or community within the city. It is crucial to consider the unique context and circumstances of the affected area. Are there any cultural, social, or economic factors that contribute to the problem? Understanding the local dynamics will help in crafting a law that is tailored to the needs and characteristics of the community it serves.
Additionally, it's important to determine if the problem is already addressed by existing laws or regulations. Are there any federal, state, or local laws that overlap with the issue at hand? Conducting a thorough review of the current legal landscape will help avoid duplication or contradiction with other laws. This ensures that the proposed city law complements rather than conflicts with the existing legal framework.
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Drafting the ordinance
Drafting an ordinance is a meticulous process that requires attention to detail and a good understanding of the community's needs and existing laws. Here are the steps to drafting an ordinance:
Identify the Purpose and Scope
The first step is to identify the purpose of the ordinance and how it should be applied. This involves understanding the problem it aims to address or the opportunity it seeks to create. For example, in the fictional city of Santa Carla, a citizen complained about E-bike riders causing a nuisance on city streets. The identified purpose of the ordinance was to limit the use of E-bikes to ensure the safety and convenience of both riders and pedestrians.
Research and Consultation
Before drafting the ordinance, it is crucial to research existing laws and consult with legal experts. This includes reviewing other local governments' codes to see if they have implemented similar legislation. It is important to consult with your city attorney or municipal legal team to determine specific constitutional, state, or federal laws that may supersede or amend the language of your ordinance. This step ensures that your ordinance aligns with higher-level legislation and does not conflict with any existing laws.
When drafting the ordinance, it is essential to follow the predetermined parliamentary procedures and your community's codebook style. Each city has its own templates for drafting ordinances, which include the city seal and proper legal language. The language used in the ordinance should be clear and concise, and easy for the public to understand. It should also be consistent with the style and legislative history of your community's codebook. This ensures that the ordinance becomes a cohesive part of the city's legal framework.
Review and Feedback
Once a draft is created, it is important to seek feedback from legal experts and stakeholders. This includes engaging with your government's municipal attorney or legal department to ensure the ordinance is legally sound and does not conflict with any existing laws. It is also crucial to involve citizens and community members in the process, as their feedback can help identify potential unintended consequences or improvements. This step ensures transparency and allows for necessary revisions before final approval.
Finalize and Seek Approval
After incorporating feedback and making the necessary revisions, the final ordinance is presented to the city council for approval. The city council may make additional amendments or adjustments before voting to adopt the ordinance. This step involves careful deliberation and ensuring that the ordinance aligns with the city's goals and the community's needs. Once the ordinance is approved by the city council, it becomes an official part of the city's Municipal Code.
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Parliamentary procedure
Each city has its own parliamentary procedures that must be followed to create a city law. These procedures are part of the law and create a platform for transparency, allowing the public to get involved and have an impact.
The process typically begins with the drafting of a bill. Policy officials will prepare policy instructions for departmental lawyers, who will then instruct the Office of the Parliamentary Counsel to draft the bill. The drafters will analyse the instructions and may ask questions before drafting begins. Once they have a clear idea of the policy, they will send the drafts back to the relevant departmental lawyers for discussion and comments. This process of drafting and commenting will continue until the drafters and the department are happy.
Once the bill is drafted, it is passed to the relevant committee for review. The committee will consider the final, or near-final, draft of the bill, along with other documents. If the committee is satisfied, it will approve the bill's introduction, subject to any necessary drafting changes. The committee will also decide whether the bill should start in the House of Commons or the House of Lords. Some bills are published for consultation before introduction and may go through a process of pre-legislative scrutiny, where they are considered by a parliamentary committee.
Once a bill is passed by the Council, it is presented to the Mayor, who has the option to sign the bill into law, veto it, or take no action. If the Mayor vetoes the bill, it is sent back to the Council, which can override the veto with a 2/3 majority vote. If the Mayor takes no action for 30 days, the bill becomes law. Once signed by the Mayor or overridden by the Council, the bill is added to the city charter or administrative code.
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Public hearings
In the context of law-making, public hearings facilitate a dialogue between individuals and state authorities, promoting reciprocal exchange and deliberation. This process enhances the quality of legislation and lends it greater legitimacy. While the format of public hearings may vary, they generally involve officials and invited experts explaining the issue, presenting their proposed actions, and answering questions from the public. The hearing also allows citizens to offer comments and share their perspectives, even if officials are not obligated to respond or act on the input received.
To effectively participate in public hearings, it is advisable to plan ahead and allocate time for preparation and promotion. Getting on the agenda is crucial, even if the timing is not ideal or your group's political influence is limited. Consistently showing up and providing valuable insights can lead to recognition and influence with decision-makers.
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Frequently asked questions
A city law is called an ordinance.
A city ordinance can be proposed by a citizen, a council member, or the council and council-designated committees.
The process of passing a city ordinance involves the following steps:
- A problem is identified by a citizen or a council member.
- The city council and council-designated committees decide on the desired outcome and inform the city clerk.
- The city clerk informs the city attorney and related committees within the city government.
- The city clerk or city attorney drafts the ordinance using a template.
- The ordinance is added to a city council public agenda for public comment.
- The ordinance is approved by a local assembly and promulgated by the mayor or governor.
In some states, local law cannot duplicate state law, and some subjects are prohibited from being covered by local ordinance. However, in all states, a city may enact a local ordinance as a criminal law that covers the same crime or violation as a state law, but only if the penalty provided by the local ordinance is higher than the state statute.
