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Ordinances & Ordinance Books: The Basics

Trey AllenUNC School of Government

Clerks Certification InstituteMay 2016

Basic Rule

Every city or county ordinance must be either

• filed and indexed in an ordinance book or

• incorporated into a code of ordinances.

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Part 1: Ordinance Books

Cities• G.S. 160A-78: A true copy of each ordinance

must be filed in an ordinance book.

• Ordinance book must be kept “separate and apart” from council’s minute book.”

• Ordinance book must be “appropriately indexed.”

• http://www.cityofcornell.com/ordinancebook.html

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Cities

• Ordinance book must be maintained for public inspection in the city clerk’s office.

Counties• G.S. 153A-48: With certain exceptions,

ordinances must be filed and indexed in an ordinance book maintained for public inspection in the county clerk’s office.

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Counties• Exceptions

– Budget Ordinance & Amendments– Bond Orders– Other Ordinances of Limited Interest/Transitory

Value

• Ordinance book must contain section showing– Captions of omitted ordinances– Page numbers where omitted ordinances may

be found in BOC’s minute book

Part 2: Codes of Ordinances

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What is a Code of Ordinances?

• “A code is a bound or loose-leaf compilation of ordinances systematically arranged by topic into chapters or articles.”– Trey Allen, General Ordinance Authority,

County and Municipal Gov’t in North Carolina(2nd ed. 2014).

• https://www.municode.com/library/nc/charlotte/codes/code_of_ordinances

When is a Code Necessary?

• G.S. 160A-77: Every city of 5,000 or more must adopt and issue a code of ordinances.

• Cities with smaller populations may adopt and issue codes of ordinances.

• G.S. 153A-49: Counties may adopt and issue codes of ordinances.

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Advantages of a Code?

• Once an ordinance has been codified, it may be removed from the ordinance book. G.S. 160A-78; 153A-48.

• Accessibility to the public

• Other advantages?

Code Rules

• Supplements or replacement pages should be adopted & issued at least annually, unless no additions or modifications.

• Code may be divided into two parts– General Ordinances– Technical Ordinances

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Code Rules• Examples of Technical

Ordinances– Building construction

ordinances– Plumbing/wiring

installation ordinances– Cooling/heating

equipment installation ordinances

– Zoning ordinances– Subdivision control

ordinances

Code Rules

• Governing board may omit ordinances of limited/transitory value, but code must clearly describe class of omitted ordinances.– Budget ordinance

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Code Rules• G.S. 160A-77: Codification of certain zoning

boundary and traffic-related ordinances may occur by entries in official map books.– Map books must be kept permanently in clerk’s

office or another city office generally accessible to the public.

• G.S. 153A-49: Codification of certain zoning boundary ordinances may occur in the same way.

Importance of Compliance

• Failure to codify or file and index an ordinance renders it unenforceable. G.S. 160A-79(d); 153A-50.

• But consider State v. Desperados, Inc., 194 N.C. App. 821 (2009) (unpublished).

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Admissibility of Ordinances

• Introducing original ordinance into evidence in judicial or administrative proceeding can be painful.

• G.S. 160A-79 sets out when copies of ordinances may be entered into evidence and have the same force and effect of original ordinances.

Code adopted and issued pursuant to 160A-77, if it contains statement that code is published on council’s order

Copy of ordinance set out in the minutes, code, or ordinance book, if certified under seal by city clerk as true copy

Copies of part of map book maintained pursuant to 160A-77 and certified under seal by city clerk as having been adopted by council and maintained in accordance with its directions

Copy of official list/schedule maintained pursuant to G.S. 160A-77 and certified under seal by city clerk as having been adopted by council and maintained in accordance with its directions

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Questions?

Trey AllenUNC School of Government

919-843-9019tallen@sog.unc.edu