Drafting a local ordinance is like coding a piece of software. You need precision, clarity, and a clear sense of purpose. Ordinances are the rules that shape our communities, ensuring that everyone plays by the same rules. But, like good software, they require careful planning and execution. So, how do you create one that works?
Ordinance Drafting, Structure, and Tips
When working on a local ordinance, it is easy to get lost in the details. But if you break it down into simple steps, the process becomes much more manageable.
What is a Local Ordinance in Canada?
A local ordinance is a law created by a local government, like a city or town council, that applies within its jurisdiction. These laws cover everything from zoning and land use to noise regulations and public safety. They are the tools municipalities use to maintain order and address local issues.
Local ordinances are critical in Canada because they reflect the unique needs and values of each community. What works in Toronto might not work in a small town in British Columbia. That’s why municipalities have the authority to draft their own ordinances.
What is a Municipal Resolution in Canada (and How Is It Different from a City Ordinance)?
Municipal resolutions are often confused with ordinances, but they’re not the same. A resolution is typically a formal expression of the local government’s opinion or will. It doesn’t have the force of law like an ordinance. Resolutions might be used to set policies, approve budgets, or express the council’s position on an issue.
Ordinances, on the other hand, are enforceable laws. You might face fines or other penalties if you violate a city ordinance. Resolutions guide the government’s actions, while ordinances control the behavior of the public.
Structure: What a Local Ordinance Should Have
Drafting a local ordinance isn’t just about writing down rules. It’s about creating a clear, enforceable, and easy-to-understand document. Here are the key elements every ordinance should include:
- Numbering: Assign a unique number to each ordinance, following a numerical sequence.
- Single Focus: Ensure the ordinance addresses only one subject to keep it clear and focused.
- Title: The title should briefly describe what the ordinance is about.
- Amendments and Repeals: If the ordinance changes or removes an existing law, clearly mention the number and subject of the original law.
- Introduction (“Whereas” Clauses): Use these at the beginning to explain any important reasons or steps taken before the ordinance was created.
- Enacting Clause: Include a simple statement that the ordinance is being officially enacted by the local government.
- Body of the Ordinance: Break down the ordinance into sections clearly stating what is being changed, removed, or added. Use clear language and show changes by underlining new text and striking through deleted text.
- Repealer Clause: State that any old laws that conflict with this ordinance are canceled.
- Penalties: If there are fines or other penalties for breaking the ordinance, list them clearly.
- Severability Clause: Include a statement that if part of the ordinance is invalid, the rest will still apply.
- Emergency Clause: Include a statement if the ordinance needs to take effect immediately.
- Effective Date: Specify when the ordinance will start being enforced.
The structure must be consistent with the local codebook, which is the skeleton of all municipal laws. Just like coding, the whole thing might not work if your structure is off.
Useful Tips for Local Ordinance Drafting
Writing a good ordinance should be as simple as possible, but it must also be flexible enough to cover various situations. Here are some tips:
- Start with Research: Understand the problem you’re addressing. Look at similar ordinances in other municipalities to see what works and what doesn’t.
- Be Clear and Concise: Avoid legal jargon that could confuse people. Write in plain language.
- Consult a Legal Expert: Before you finalize anything, have a lawyer review it to ensure it complies with higher laws and the Constitution.
- Use Consistent Formatting: Follow the established style guide in your municipality’s codebook. Consistency makes the ordinance easier to read and enforce.
- Get Feedback Early: Don’t wait until the ordinance is complete to seek input. Involve stakeholders early in the process to catch potential issues.
5 Local Ordinance Examples
Now that we’ve covered the basics let’s look at some real-world examples of local ordinances in Canada. These examples highlight how municipalities tailor ordinances to their specific needs.
1. Vancouver’s Single-Use Plastic Ban Ordinance
Vancouver passed an ordinance banning single-use plastic bags and utensils. The goal was to reduce plastic waste and encourage reusable alternatives. The ordinance was carefully crafted to provide businesses with a transition period and outline specific penalties for non-compliance.
2. Toronto’s Noise Control Ordinance
Toronto’s ordinance on noise control is designed to limit excessive noise that can disturb residents. The ordinance includes specific decibel limits for different times of day and areas of the city. It also provides exemptions for certain events and activities, making it comprehensive and adaptable.
3. Calgary’s Smoking Ban Ordinance
Calgary’s ordinance bans smoking in public places, including parks and playgrounds. This ordinance was implemented to protect public health and reduce exposure to secondhand smoke. The enforcement section outlines fines for violations and provides a framework for public education.
4. Montreal’s Urban Agriculture Ordinance
Montreal has an ordinance that promotes urban agriculture, allowing residents to grow food in their backyards and community gardens. This ordinance is part of a broader initiative to encourage sustainable living in the city.
5. Ottawa’s Winter Parking Ban Ordinance
Ottawa’s ordinance imposes a parking ban on city streets during snow removal operations. The ordinance specifies the conditions under which the ban is activated and includes provisions for notifying residents. This helps ensure that streets can be cleared efficiently during the winter months.
6. Victoria’s Tree Protection Ordinance
In Victoria, the city has an ordinance that protects mature trees from being cut down without a permit. This ordinance is part of the city’s efforts to preserve its urban forest and maintain green spaces. It outlines the specific criteria for which trees are protected, the process for obtaining a permit, and the penalties for unauthorized removal.
7. Quebec City’s Heritage Building Ordinance
Quebec City has an ordinance that safeguards historic buildings within the city. This ordinance requires property owners to obtain approval from the city council before making any changes to buildings designated as heritage sites. The ordinance is designed to preserve the city’s historic districts’ architectural integrity and cultural significance.
8. Halifax’s Waste Collection Ordinance
Halifax has an ordinance that regulates waste collection and recycling. The ordinance sets out the rules for separating recyclables, compostables, and garbage and specifies the types of containers to use. It also includes penalties for non-compliance, helping to ensure that residents follow proper waste disposal practices.
9. Winnipeg’s Snow Removal Ordinance
Winnipeg’s ordinance requires property owners to clear snow and ice from sidewalks adjacent to their properties within a specified time after a snowfall. This ordinance is crucial in a city where heavy snowfall is common, ensuring that sidewalks remain safe and accessible during winter. The ordinance also outlines penalties for failing to comply with the snow removal requirements.
10. Edmonton’s Fireworks Ordinance
Edmonton has an ordinance regulating the use of fireworks within city limits. The ordinance requires individuals to obtain a permit before setting off fireworks, and it sets specific guidelines for where and when fireworks can be used. This ordinance aims to ensure public safety and prevent fires, especially in residential areas.
Empowering Communities Through Better Ordinance Drafting
Drafting effective local ordinances is crucial for managing your community’s unique needs. By following a clear structure and considering specific examples from other municipalities, city officials can create rules that truly benefit their residents.
For city officials looking to engage citizens in the ordinance drafting process, the Cocoflo platform offers an excellent solution. With Cocoflo, you can gather feedback from residents, ensuring that the ordinances you draft align with the community’s needs. Once an ordinance is enacted, Cocoflo makes it easy to inform citizens, keeping everyone in the loop and fostering a more connected, informed community.
Explore how Cocoflo can help your city create better ordinances and involve your citizens every step of the way.
