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<br />~ <br /> <br />, <br /> <br />. <br /> <br />CHAPTER 7 <br /> <br />. <br /> <br />Frequently when a council passes a new ordinance or revises an <br />ordinance, the new ordinance will contain provisions that are <br />inconsistent with or that replace similar provisions in an existing <br />ordinance. Some cities insert a provision in the new ordinance <br />repealing any or all ordinances or portions of ordinances inconsistent <br />herewith. Such a clause is a waste of time and print. A better practice <br />is to repeal, by name and number, any inconsistent provisions of <br />former ordinances. If this is impractical, it is best to say nothing <br />about the repeal of inconsistent ordinance provisions since the new <br />ordinance automatically supersedes all inconsistent provisions in <br />existing ordinances. <br /> <br />Codification of ordinances <br /> <br />Purposes of codification <br /> <br />Citizens have a right to know what their government--whether <br />national, state, or local--requires of them. This is fundamental due <br />process in our legal system. If a citizen is to know what the law is on <br />a particular matter, he or she must first know where to find it. <br /> <br />If a citizen is interested in knowing the city's current law on a <br />particular matter, where does the search begin? In the book covering <br />the minutes for the last 65 years? In the clerk's f1!es? In the basement <br />of city hall? Depending on the current state of affairs in the <br />particular city involved, the answer to any or all of these questions <br />could be "yes." <br /> <br />. <br /> <br />In assessing the need for codification, a city should begin by asking <br />the following questions: What condition are the ordinances in? Are <br />they organized in one place? Are they properly indexed? Are they <br />cross-referenced? Are they up-to-date? Are they internally <br />consistent? Are they in compliance with state and federal laws? Are <br />they complete? <br /> <br />A codification of city ordinances allows city officials to respond <br />affirmatively to all of these questions, A proper codification project <br />encompasses all of the following: <br /> <br />. Identification of conflicting ordinances, and repeal or re-drafting <br />of inconsistent or unclear ordinance provisions; <br /> <br />. Removal of archaic and unconstitutional ordinances; <br /> <br />. Development of a system that facilitates access to the city's laws <br />and provides for continuous updating; <br /> <br />. Development of comprehensive indexing and cross-referencing; <br /> <br />. Review of the entire body of city ordinances for omissions; and, <br /> <br />. <br /> <br />173 <br />