Keith Mack
The laws passed by a city are known as ordinances. In the United States, these are enforced in addition to state and federal law. Cities can pass different types of ordinances, depending on their purpose. For example, a city can create a new ordinance or amend an existing one. The process of passing an ordinance differs depending on the location. In the US, a home rule city is defined by its own municipal charter document rather than state statute. In some states, local law cannot duplicate state law, and some subjects are prohibited from being covered by local ordinance. In other states, cities must obtain permission from the state legislature to pass a law. In Japan, ordinances may be passed by any prefecture or municipality under authority granted by Article 94 of the Constitution. In Hong Kong, laws passed by the Legislative Council are known as ordinances.
| Characteristics | Values |
|---|---|
| Terminology | In the US, a city law is called an "ordinance". In some states, a city may be defined as a "home rule city", "charter city", or "home rule charter city". |
| Process | A bill is proposed by a sitting member of the US Senate or House of Representatives, during their election campaign, or by a citizen group. The bill is assigned to a committee, which researches, discusses, and amends it. The bill is then voted on, and if it passes, it is sent to the other body of Congress to repeat the process. Once both bodies accept the bill, they reconcile any differences, and both chambers vote on the final version. If it passes, it is sent to the president. |
| Local vs. State Law | In some states, local law cannot duplicate state law, and some subjects are prohibited from being covered by local ordinances. In "home rule states", municipalities can pass various types of laws to govern themselves as long as they do not conflict with state and federal constitutions. In "Dillon's Rule states", local governments have limited authority and may need permission from the state legislature to pass certain laws. |
| International Comparison | In Japan, ordinances may be passed by any prefecture or municipality under the authority granted by the Constitution. In Hong Kong, laws passed by the Legislative Council are known as ordinances and must follow a public disclosure and consultation procedure before being approved by the local assembly and the mayor or another elected representative. |
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What You'll Learn
Local laws
In the United States, a city law is known as an ordinance. Cities can pass different types of ordinances depending on their purpose, such as creating a new ordinance or amending an existing one. For example, a city might create a new ordinance to address a problem identified by a citizen or a council member. Alternatively, changes to city ordinances may be required when federal or state governments pass new legislation that impacts city ordinances.
The process of passing a new ordinance is predetermined and includes opportunities for citizen voices to be heard. Typically, a clerk or attorney will select a template for an ordinance, which includes the city seal and proper legal language. This document will include an explanation of what the council is proposing and the ordinances that require amending. Once the first draft of the ordinance is ready, it will be included in a city council meeting agenda, which is publicly available. During committee review, councilmembers discuss and debate the proposed ordinance, and they may direct staff to conduct further research, make amendments, or hold the item for further consideration.
In some states, known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as these laws do not conflict with state and federal constitutions. For example, in Connecticut, legislative bodies at the local level develop city and town ordinances to govern the public. In other states, known as Dillon's Rule states, local governments have only limited authority, and a city or county must obtain permission from the state legislature to pass a law or ordinance that is not specifically permitted under existing state legislation. Most states have a mix of these systems.
In Japan, ordinances may be passed by any prefecture or municipality under authority granted by Article 94 of the Constitution. Ordinances must generally be approved by a local assembly and promulgated by the mayor or governor of the local government in question, who may demand a second vote but may not veto the ordinance. Under the Local Autonomy Law, an ordinance may impose a penalty of up to two years' imprisonment and/or 1 million yen in fines.
In Hong Kong, all laws enacted by the territory's Legislative Council are known as Ordinances. Local authorities have the power to pass local ordinances on matters such as land use, planning, public order, emergencies, and transport issues. The ordinance must follow a public disclosure and consultation procedure and then be approved by the local assembly and the elected representative of the executive (e.g. the mayor).
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Home rule
In the United States, a home rule city, also known as a charter city or home rule charter city, is one in which the governing system is defined by its own municipal charter document rather than solely by state statute (general law). Home rule states grant municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with state and federal constitutions. In contrast, Dillon's Rule states only grant limited authority to local governments, requiring cities or counties to obtain permission from the state legislature if they wish to pass a law not explicitly permitted under existing state legislation. Most states have a mix of these systems, and the specific laws that a city can pass depend on the state in which it is located.
In home rule cities, the flexibility to choose a novel type of government structure is granted. For example, state law may require general-law cities to have a five-member city council, but a city organized under a charter may choose a different system, including the "strong mayor" or "city manager" forms of government. These cities may be administered predominantly by residents or through a third-party management structure.
The process of passing a city ordinance, or law, typically involves using templates to draft the ordinance, which include the city seal and proper legal language. The clerk or attorney selects the template and provides a brief explanation of the proposed changes. The new language is presented in the document, and if any existing language is being replaced or repealed, this is also noted. Once the first draft of the ordinance is ready, it is included in a city council meeting agenda, which is publicly available. During the council meeting, citizens may address the council on the proposed legislation.
After the council meeting, the bill is forwarded to the mayor for approval. If the mayor vetoes the bill, the city council can reconsider it, and if a certain number of councilmembers vote to override the veto, the bill becomes law. Passed bills are submitted to the city clerk, who updates the official record. In some states, local law cannot duplicate state law, and certain subjects are prohibited from being covered by local ordinance. For example, in Maryland, cities are prohibited from passing gun control laws, with state laws on the subject taking precedence.
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Resolutions
Cities can pass "resolutions" which are not laws but provide a perspective on a subject. For example, the City of Santa Cruz approved a resolution relative to eminent domain. This resolution was about a specific property and not a part of the body of ordinances. Resolutions are a common mechanism to do city business. To pass a resolution, there is a predetermined process that must be followed. This process is part of the law and safeguards democracy by ensuring that the work is done in public with opportunities for citizen voices to be heard.
The process of passing a resolution or ordinance involves several steps. Firstly, a problem is identified by a citizen or a council member. Then, a clerk or attorney selects a template for an amending ordinance, which includes the city seal and proper legal language. This document outlines the council's proposal and the ordinances requiring amendment. The new language, which states how the law will look after passage by the council, is presented in this document. The clerk or attorney drafts the new legal language, considering research on preemption and neighbouring ordinances. Once the draft is ready, it is included in a city council meeting agenda, which is publicly available.
During committee review, councilmembers discuss and debate the proposed resolution, making amendments as necessary. Certain resolutions, such as those pertaining to land use, may require public hearings. After the committee review and any necessary amendments, the resolution is voted on. If it passes, it is forwarded to the mayor for approval. The mayor can either approve or veto the resolution. If the mayor vetoes the resolution, the city council can reconsider it, and if a certain number of councilmembers vote to override the veto, the resolution is passed.
It is worth noting that the specific process for passing resolutions or ordinances may vary depending on the city and state. Additionally, in some states, there are limitations on the types of laws that cities can pass. For example, in Maryland, cities are prohibited from passing local gun control laws. In "home rule states," cities have more autonomy to pass various types of laws, while in "Dillon's Rule states," local governments have limited authority.
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Amendments
In the United States, a city law is referred to as an "ordinance". Ordinances are created, changed, or repealed through amendments.
Once the draft is ready, it is included in a city council meeting agenda, which is publicly available to ensure transparency and citizen engagement. During the council meetings, councilmembers discuss, debate, and make decisions on the proposed amendments. They may request additional research, propose further amendments, or hold the item for further consideration. This process allows for a thorough examination of the proposed changes and ensures that all relevant factors are taken into account.
In some cases, public hearings may be required, especially for matters concerning land use or budgetary actions. These hearings provide an opportunity for members of the public to actively participate in the legislative process by expressing their opinions and suggestions on the proposed amendments.
After the committee review and any necessary adjustments, the amended ordinance is put to a vote. If it receives the required majority, it is then forwarded to the mayor for approval. The mayor can choose to approve the ordinance or veto it. If the mayor exercises their veto power, the city council can reconsider the ordinance, and if a specified number of councilmembers vote to override the veto, the amended ordinance becomes law.
This process of amending ordinances allows cities to adapt their laws to the changing needs and circumstances of their communities, ensuring that the laws remain relevant, effective, and reflective of the citizens' interests and values.
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Criminal law
In the United States, a city's ability to pass laws depends on its state's constitution. Cities in "home rule states" can pass various laws as long as they don't conflict with federal and state constitutions. Meanwhile, cities in "Dillon's Rule states" have limited authority to pass laws not explicitly permitted by existing state legislation.
When it comes to criminal law, cities can pass ordinances or local laws that address public safety, land use, and real estate. These ordinances fall under the category of zoning ordinances and can include regulations for building types, dimensions, placement of utilities, and parking. For example, a city can designate an area for industrial use only through these ordinances.
Cities can also pass laws related to law enforcement and the judicial system. Local law enforcement handles criminal investigations, arrests, and the issuance of search and arrest warrants for state-level criminal offenses. Additionally, local courts handle specific types of disputes and civil court cases, such as family court matters involving divorce and child custody.
It is worth noting that, generally, state laws override municipal ordinances in case of a conflict. However, states often allow local courts to handle certain criminal matters within their municipalities.
The process of passing a city ordinance involves drafting, proposing, and approving it. Clerks or attorneys identify areas of existing municipal code that need adjustment and draft the ordinance using templates with the city seal and proper legal language. The proposed ordinance is then included in a city council meeting agenda, which is publicly available. After the council discusses the proposed ordinance, it can be approved and organized as part of the city's Municipal Code.
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Frequently asked questions
An ordinance is a law passed at the city level. In the US, a city ordinance is also known as a municipal code.
Cities can pass different types of ordinances depending on their purpose. Ordinances can be amended, repealed, or newly created.
The process for passing an ordinance can vary but typically involves proposing the ordinance, drafting the ordinance using templates, and presenting it at a city council meeting. The ordinance is then discussed, amended if necessary, and voted on. If passed, it may require approval from the mayor or local assembly.
Yes, there may be limitations depending on the country and state. For example, in the US, a city ordinance cannot duplicate state law, and certain subjects may be prohibited from being covered by local ordinance. In Japan, ordinances must have a statutory basis and comply with overlapping statutes.
