CMC Codification & Ordinances 2 — Questions and Answers
Question 1: What is the primary purpose of a municipal code supplement?
- To replace the entire code with new legislation
- To insert newly adopted ordinances and remove superseded provisions (Correct answer)
- To provide an index of all ordinances ever passed
- To archive expired temporary ordinances
Correct answer: To insert newly adopted ordinances and remove superseded provisions
A supplement updates the municipal code by incorporating new ordinances and removing sections that have been repealed or superseded.
Question 2: Which type of ordinance is typically NOT included in a permanent municipal code?
- Zoning regulations
- A temporary street closure for a special event (Correct answer)
- Nuisance abatement procedures
- Building permit requirements
Correct answer: A temporary street closure for a special event
Temporary or special ordinances with limited applicability are generally excluded from the permanent code and retained only in ordinance books.
Question 3: When a municipality adopts a code by reference, what must typically be done to make it enforceable?
- File the reference document with the state legislature
- Keep copies of the referenced document available for public inspection (Correct answer)
- Translate the document into all local languages
- Obtain approval from the county government
Correct answer: Keep copies of the referenced document available for public inspection
When adopting standards by reference, municipalities must make the referenced document publicly available so citizens can access the law.
Question 4: A 'saving clause' in an ordinance primarily serves to:
- Save money in the municipal budget
- Preserve rights and proceedings existing before the ordinance's repeal (Correct answer)
- Extend the effective date of a new ordinance
- Protect the ordinance from judicial review
Correct answer: Preserve rights and proceedings existing before the ordinance's repeal
A saving clause ensures that the repeal of an ordinance does not extinguish pending legal actions or vested rights that arose under the old law.
Question 5: In codification, what does 'catch-lining' refer to?
- Adding cross-references between related sections
- Writing brief descriptive headings for each code section (Correct answer)
- Numbering ordinances sequentially by year
- Inserting emergency provisions into existing chapters
Correct answer: Writing brief descriptive headings for each code section
Catch-lines are short, descriptive headings placed at the beginning of each section to help readers quickly identify the subject matter.
Question 6: Which body typically has final authority to approve a newly codified municipal code?
- The city manager
- The municipal clerk
- The governing body (council or commission) (Correct answer)
- The state attorney general
Correct answer: The governing body (council or commission)
The governing body must formally adopt the codified code by ordinance, giving it the force of law.
Question 7: What is the function of an 'enabling clause' in an ordinance?
- It sets the penalty for violations
- It cites the legal authority under which the ordinance is enacted (Correct answer)
- It defines terms used throughout the ordinance
- It establishes the effective date
Correct answer: It cites the legal authority under which the ordinance is enacted
The enabling clause identifies the constitutional, statutory, or charter authority that grants the municipality the power to enact the ordinance.
CMC Codification & Ordinances 2
What is the primary purpose of a municipal code supplement?