FAQ: DECIPHERING THE CODE: The Codification of Ordinances
By: John A. Young[i] and Rebekah King[ii]
Pursuant to Sections 71.940 to 71.948, RSMo., the governing body of any municipality may provide for the compilation or revision and codification of the general ordinances of the municipality and the publication in book form of such compilation or codification.
1. What is codification?
Codification is the process of systematically compiling, revising, and organizing the general ordinances of a municipality into a cohesive and accessible format. The result is one easily accessible body of current, enforceable law.
Codification includes: (a) compiling and revising existing ordinances, (b) modifying sections deemed advisable, (c) omitting unnecessary sections, (d) adding new provisions, and (e) adopting the entire compilation through an adopting ordinance and publishing it in a permanently bound or loose-leaf book form.
Additionally, codification may involve the inclusion of annotations, cross-references, and other materials to enhance the utility of the code. It can incorporate by reference model codes (i.e., building codes), state regulations, and statutes (i.e., the model traffic ordinance,), as authorized by specific Missouri statutes. Once codified and adopted by ordinance, the codification is published in book form and takes effect, carrying legal authority.
2. Why should a municipality codify its laws?
Codifying a municipality’s laws offers several benefits that enhance the effectiveness of local governance. It increases efficiency for city staff by streamlining the process of locating and applying local laws, saving valuable time and resources. Codification ensures that a municipality’s code remains up-to-date and aligned with the evolving needs of the community by simplifying the incorporation of amendments, adoption of new ordinances, and removal of outdated or irrelevant provisions. It also promotes clarity and consistency, making laws easier to understand and uniformly applied, which reduces confusion and errors. Additionally, by making local laws accessible to the public, codification empowers residents to understand their rights and responsibilities, fostering greater civic engagement. Finally, a well-maintained and organized code can help protect a municipality from legal challenges related to outdated, conflicting, or ambiguous ordinances.
3. What’s the difference between an ordinance and a code?
A municipal ordinance is a specific legislative act passed by a municipality’s governing body to regulate a particular issue within its jurisdiction, such as zoning, public safety, or traffic. Ordinances allow municipalities to address local concerns that may not be fully covered by state or federal law.
In contrast, a municipal code is a comprehensive compilation of a municipality’s general ordinances. The municipal code serves as a reference tool for understanding and navigating local laws. In essence, while an ordinance is a single local law, the code is the structured collection of all such laws.
4. How often should a municipal code be updated?
Municipalities should always maintain a general awareness of changes in the law at the State and Federal levels as well as court decisions that may impact the validity or enforceability of municipal ordinances. At a minimum, municipalities should annually review new State laws that impact the general ordinances of the municipality and update the code of ordinances as warranted.
In addition, it is prudent to periodically conduct a wholistic review of a municipal code. The frequency with which a municipal code should be updated depends largely on how legislatively active the local government is. However, if a code of ordinances has not undergone review in at least 10 years, it may be outdated, contain obsolete information or internal inconsistencies and be misaligned with current state statutes. While Missouri does not mandate updates within a specific timeframe, maintaining an accurate and up-to-date code is essential. A municipal code should be a living document that evolves with the community it serves. When a code becomes stagnant, it fails to effectively guide residents, business owners, property owners, and municipal officials. To remain relevant and enforceable, the code must be clear, accurate, and reflective of current laws.
5. How many hard copies of the code book should be retained and where?
Missouri municipalities are required to retain at least three hard copies of its published municipal code book. These copies must be kept on file in the office of the municipal clerk and made available for public inspection during reasonable business hours. Additionally, the governing body must also make provisions for furnishing insertions of supplements to the code, particularly in loose-leaf or compiled formats, to municipal personnel, purchasers, and others having copies of the code.
6. How do we ensure our code is legally enforceable?
A municipality must pass an ordinance adopting the codification of its municipal ordinances. When the ordinance and the codification, along with a certificate of the municipal clerk that the same are true and correct copies, are published in book form, the codification takes effect and will be received in evidence in all courts and places without further proof.
Further, municipalities in Missouri may ensure that their municipal codes are legally enforceable by adhering to specific statutory requirements and procedural safeguards. Missouri courts have emphasized the necessity of strict compliance with statutory procedures, for example, zoning ordinances adopted without proper notice and public hearings under §§ 89.050 and 89.060, RSMo., are invalid. Collectively, these legal frameworks ensure that municipal codes are not only enforceable but also uphold transparency, public accountability, and the rule of law.
7. Can our municipal code be available online?
Yes, municipal codes in Missouri can be made available online, though they are not required to be by statute. Municipalities are legally required to maintain their code of ordinances in print, but digital availability offers convenience and accessibility.
Missouri’s emphasis on the principle of open records further supports the idea of making such information publicly accessible.
Online availability allows residents and municipal staff to find specific code sections instantly and from anywhere, whether on a job site or at home. By putting information directly into the hands of residents, online code availability may reduce the volume of calls to municipal offices, saving time for both staff and the public. Online availability also enables municipalities to quickly distribute code updates, while still preserving access to archived versions. Overall, online availability of a municipalities code contributes to more efficient governance and a more informed public.
8. How long does the codification process take?
There are a number of factors that affect the timeline of the codification process, such as the size and complexity of your municipality, availability of staff to dedicate to the process, use of consultants and the scope of legislation to be included. The timeline of events typically includes the following steps:
- Collecting and organizing general ordinances
- Evaluating the existing ordinances
- Legal review and analysis of existing ordinances and desired amendments or additions
- Public Inspection and Input
- Drafting of the Municipal Code
- Adoption of the Municipal Code
For most municipalities, it is likely that the process of adopting a municipal code will take 9 to 14 months. For larger or more complex municipalities, the process can take between 18 to 24 months.
9. How should our code be organized and numbered?
A well-organized and clearly numbered municipal code is essential for ensuring its longevity and ease of use. The code should be broadly divided into logical titles based upon general subject matter such as Government Organization and Administration, Public Safety, Traffic, Business and Occupation Licensing and Permitting, Building and Construction, Utilities, and Zoning and Land Use. Each title can then be further divided into various levels of subcategories. Each category of the code should be numbered sequentially in such a manner that each section is easily citable and allows for insertion and amendment.
10. Can codification be done by city staff or is it typically contracted out?
The dedicated teams of employees that serve the municipalities of this State on a daily basis are more than capable of preparing a municipal code. It is, however, doubtful that, without assistance, such a task can be accomplished timely or efficiently while expecting these employees to provide the same level of services residents expect. It is likely for this reason that most cities that adopt municipal codes contract for these services. Even with assistance of a contract service provider, engagement of municipal employees and officials in the process is critical to a successful codification effort.
There are a number of service providers that have experience with municipalities in this State that are more than capable of assisting any municipality wishing to adopt a municipal code.
_____________________________
[i] John A. Young is a partner at the law firm Hamilton Weber LLC in St. Charles. John serves as the City Attorney for the Cities of St. Peters, Wildwood, Dardenne Prairie and Warrenton.
[ii] Rebekah King is a J.D. candidate at St. Louis University School of Law and served as a summer associate at Hamilton Weber LLC.
