Quick Tips on Understanding & Writing Ordinances

Recently I had the chance to speak to a group of new city clerks. Their excitement for a speech called “Quick Tips on Understanding & Writing Ordinances” took me a little bit by surprise. I was speaking just before lunch, and I expected several attendees (at least) to attempt to sneak out for a bite. Instead, several actually stayed for questions and missed most of their lunch.

I guess I shouldn’t have been surprised – ordinance drafting is a unique task found only in local government. Previous private sector jobs could easily prepare you for contract management, budgeting and personnel supervision – but it’s hard to think of anything analogous to ordinance drafting.

So here are my quick tips for understanding and writing better ordinances – whether you’re a novice or an expert.

Tip One:

Always keep in mind that your mission with writing an ordinance is to inform the reader what type of conduct is allowed or not allowed. Your goal is clarity. Your goal is not to impress (or confuse) the reader with your advanced knowledge of the more obscure reaches of the English language. This means avoiding legalese and using cross-references sparingly. Consider using pictures or diagrams to supplement text (see my previous blog entry on images in ordinances at http://tinyurl.com/2evqg58).

Tip Two:

Use definitions excessively. If you feel positive that you know the definition of “lawn and garden center” – there is a 100% chance that someone else will feel positive you’re wrong. A Minnesota city was once required to litigate all the way to the MN Supreme Court over this exact issue. See Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604 (Minn. 1980). The best way to avoid conflicts over language is to define words carefully and often.

Tip Three:

Be cautious about using samples or models. Google has put a world of information at our fingertips – not all of it is good. Be wary of any sample that is older than 2-3 years. Ordinances have a very short shelf life, as they are affected by changing state laws and court cases. Be especially wary of older land use ordinances. Also be wary of out of state ordinances. Cities in other states may be subject to dramatically different laws than in Minnesota. For example, state laws may dictate very different holding periods for seized animals or abandoned cars.

Finally, be cautious about using model ordinances created by special interest groups or non-profits. Sometimes the agenda of the model ordinance writer is not at all clear from looking at the text (for example a model electronic billboard ordinance written by the billboard industry). Using models from special interest groups may leave regulation gaps that do not favor the city’s interests.

Tip Four:

Have your city attorney review your ordinances. This is especially true of land use, nuisance and ordinances affecting free speech (such as adult uses, signs, assemblies such as parades and protests, etc). Paying for your city attorney to review ordinances up front is always less expensive than defending a lawsuit further down the road.

Conclusion

Ordinance drafting can be a daunting task, but it doesn’t need to be difficult. A focus on clarity and definitions can go a long way. If you have another tip that has helped you, feel free to share in the comment section.

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