CCP 11-19-2001 - Laserfiche WebLink

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. e e Lorshbough v. Township of Buzzie, 258 N.W.2d 96 (Minn. 1977); Slale v. Howard. 360 N.W.2d 637 (Minn. App. 1985). Minn. Stat. ~ 412.191.subd. 4. CHAPTER 7 . When adopting an ordinance, city officials should be aware that the city can be liable for not enforcing a police power measure contained in the ordinance. (See Chapter 20.) The council can adopt an ordinance to respond to a pre-existing problem or nuisance, and the city may prosecute a person who violates an ordinance even if the person began the activity prior to the existence of the ordinance. Form, content and adoption of ordinances Because ordinances have the force and effect of law, their form is of utmost importance. While the law does not require an attorney to draft .ordinances, their preparation should involve sound understanding of the law, or they may be subject to a variety of legal objections. The city should consult a competent attorney to help prepare ordinances. Ordinances must meet certain requirements and follow a certain form. Charter cities should also look to their own charter provisions for ordinance enactment. Title Every ordinance should have a title that describes its contents briefly yet adequately. The phrases: "repealing ordinances inconsistent herewith" and "providing penaJties for the violation thereof' should not be part of the title. e Number Each ordinance should have an identifying number as part of its title. Enacting clause All ordinances, after a suitable title, should begin substantiaJly in this form: "The City Council of _ ordains..." Body The text of the ordinance itself should be written in clear and brief terms. If definitions are helpful, they should be in one beginning section. The sections should be short to make subsequent amendments easier and cheaper. All sections and subsections should have a number and an identifying word or short title. . 167