How to Use Municipal Codes

Laws passed by cities, towns and villages are rules adopted by councils and boards of representatives elected by the community that apply only to the citizens who live within their boundaries. They are called ordinances and they are collected in a book called a code of ordinances. Taken together with other rules, this group of laws is often referred to as the municipal code. In addition to giving us guidance about how life is lived in a certain community, it tells us a great deal about what people in the community consider important.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Your city, town or village's municipal code
• Paper and pencil for citations

1. Look at the table of contents or overall organization of your code. Usually there are chapters about the organization of city government, including information on qualifications for office and election processes.
2. Know that municipalities are limited by state laws as to what and how they can regulate. There will be sections in your code (most notably in the building code, zoning code and traffic laws) where you will find state statutes "adopted" in part or entirely. These sections will refer to specific statute numbers where the city is responsible for enforcement. These adopted sections allow the local police to write speeding tickets and the building inspector to approve plans based on the laws outlined in state law, among other things. They also give you the place to find the adopted statute in the state statutes.
3. Know that most codes have an index. Some indexes are quite useful but many code services (the people who help cities "clean up" and simplify codes periodically) do not update indexes with the same thoroughness that they use to find out-of-date or conflicting rules. Your best bet when using an index is to use a general subject (like "liquor license") and check each section cited.
4. Be persistent. Often one section of a chapter will refer to another. Codes are organized by chapter (or title), section and paragraph (and often sub-paragraph) like a giant outline. You need all the numbers or letters to land where you'll find your answer. Be prepared to be referred to adopted statutes and remember that these are state laws. These are almost always found on the state's website.
5. Know that an ordinance that deals with a rule that can be broken must contain sections on how it will be enforced. Some sections (for example a zoning chapter) may outline a "relief" process that tells how to appeal a decision made by a board or commission. There is usually a "penalty" section outlining what will happen if an ordinance is violated. Violations that do not have their own penalty section will refer to a "general penalty" section that outlines a general penalty range for violations.

Tips & Warnings

• Remember that municipal codes are written in response to the needs and wishes of the community. If you find something that you think is wrong or outmoded, bring it to the attention of your representative. She will probably be grateful for your interest and appreciate the time you've spent.
• Most municipal codes are available in a local library.
• There is a section of your state's statutes that explains the types of municipalities in your state and lists their powers and duties.
• Always take notes and be sure to "cite" the chapter, section and paragraph. These citations make you sound much more knowledgeable when presenting your point.
• Prepare to be frustrated until you understand the basic structure of your city's code. There are a number of ways to organize these codes and each city arranges its code a little differently depending on local conditions and capabilities.