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i' LMC LMCIT Risk Management Information League of Minnllsota Ones Cities promon"9 e%aJlkncg 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200 . (800) 925-1122 Fax: (651) 281-1298 . TDD (651) 281-1290 www.lmcit.lmnc.org GOOFY ORDINANCES YOUR CITY SHOULD AMEND OR REPEAL Plus Hints for Writing Better Ordinances By Duke Addicks, LMC Special Counsel Introduction As the codification attorney for the League of Minnesota Cities, I have reviewed the ordinances of over 40 cities and have prepared or am in the process of preparing city codes (which codifY all of their ordinances) for these cities. I have seen old ordinances that are out of date and illegal, and recently, enacted ordinances that are unenforceable and may expose the city to liability. Here are some of the problem ordinances which your city may have and which you may wish to encourage the City Council to repeal or modifY. There are essentially four kinds of problem ordinances: I. Archaic ordinances that regulate conduct which the council no longer wishes to regulate or which it is not appropriate for a city to regulate. 2. Ordinances that are unconstitutional because of vagueness. The Constitution requires that an ordinance not be so vague, indefinite, and uncertain as to deny due process of law. An ordinance must be definite enough to give notice of the conduct required to anyone who desires to avoid its penalties. Ordinances must be reasonably certain in their terms and set state objective standards for both the police and for the public to provide adequate notice of what is required. Chicago v. Morales, 1 19 S. Ct. 1849 (1999). 3. Ordinances that attempt to restrict Constitutionally protected conduct and thus violate the Civil Rights laws. 42 U.S.C. ~ 1983 reads as follows: "Every person [includes a municipal corporation] who, under color of any statute, ordinance. regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the de~rivation of any rights. privileges. or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." (emphasis added) Note: the tort liability limits and other immunities in M. S. Ch. 466 do not apply to federal civil rights actions. Attorneys fees are available to plaintiffs in civil rights lawsuits and are often awarded.