Editor’s note:
The following is a sample ordinance to illustrate one way of amending this code. The amended section has been chosen arbitrarily, as an example only, and it is not to be considered as official action.
On the following pages, additional suggestions are listed for the guidance and convenience of municipal officials when ordinances are to be considered. All ordinances are required, by this code, to be numbered. They should either be an amendment to this code, or a new section/chapter to be added.
SAMPLE ORDINANCE FORM SAMPLE ORDINANCE FORM
ORDINANCE NO.
AN ORDINANCE ENTITLED
CHANGE IN TIME OF REGULAR COUNCIL MEETINGS
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF COTTAGEVILLE, SOUTH CAROLINA:
SECTION 1. Section 2.301 of the Town Code is hereby amended by rescinding the time authorized for regular Council meetings (7:00 p.m.) and inserting in lieu thereof “1:30 p.m.”, so that when amended the time for regularly scheduled meetings of Council shall be 1:30 p.m.
(THIS IS SAMPLE WORDING ONLY)
SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
(THIS PARAGRAPH CANCELS ANY CONFLICTING ORDINANCES.)
SECTION 3. Any chapter, article, section or division, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining portions hereof.
(THIS PARAGRAPH LIMITS ANY RULING BY THE COURTS TO THE SPECIFIC SECTION TO WHICH THE RULING APPLIED.)
SECTION 4. This ordinance shall become effective upon its final adoption.
(ALL ORDINANCES MUST HAVE AN EFFECTIVE DATE.)
First Reading Albert (Bert) Reeves, Mayor
Second Reading Jean Acosta, Council Member
Jimmy Ramsey, Council Member
ATTEST:
Danny Reeves, Council Member
Town Clerk Carl Strickland, Council Member
(ALL ORDINANCES MUST HAVE TWO READINGS, AT LEAST SIX DAYS APART, AND MUST BE SIGNED BY THE MAYOR AND SIGNED AND ATTESTED BY THE MUNICIPAL CLERK.)
ADDITIONAL NOTES TO BE USED AS GUIDANCE FOR AMENDMENTS TO THIS CODE:
1. Some municipalities prefer to repeal the entire amended section and have it retyped in its entirety to avoid future confusion or misunderstanding as to the intent of Council. Others prefer the “short version”, as above. This is especially true if the amended section is lengthy. Either way is local choice.
2. If a date other than that of second reading is to be the effective date, it should be inserted accordingly as a part of section 3 (of the sample ordinance) or the appropriate section number in the amending ordinance. Example: “effective on July 1, 2004”.
3. More space than that shown in the sample ordinance can be utilized between sections, the date of readings and the signatures of the Mayor and Administrator-Clerk to space it more aesthetically on the page.
4. Upon adoption of the ordinance, the original copy, with signatures, should be placed in the “Book of Ordinances” (as discussed in § 2.203 of this code).
5. Also upon adoption, the official copy of the code should be amended accordingly and copies reproduced and distributed to the holders of the code and inserted in any extra copies that have not been distributed, to keep all copies current. The Clerk/Treasurer should retain a list of all persons to whom a code has been distributed so that they may receive copies of future amendments. Such amendments are called “Supplements”.
6. When the code is amended, each change should be noted by Supplement number and date at the bottom of the amended page, left hand corner, to denote the change. Example: Supplements. 8-5-2004, Supplement #2. 10-1-2004, and the like.
7. Such changes should be noted also in the general Table of Contents, Chapter Table of Contents and the Index, as appropriate. Maintaining a chronological list of all supplements in the “Book of Ordinances” by date of supplement will prove helpful for future reference.
8. For emergency ordinances, see § 2.211 of this code.
9. Amending or repealing ordinances should be noted on the original copy of the ordinance repealed or amended, as required by law and as codified in § 2.204 of this code.
10. As to updating this code, some municipalities prefer to do so as amendments are made; others prefer doing so on a quarterly, semiannual or annual basis. This code requires, at a minimum, an annual update. If a different updating schedule is preferred, the requirement should be amended accordingly. (See § 2.207 of this code.)