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A Step-by-Step Guide to Adopting or Amending City Ordinances
Adopting or amending an ordinance allows the city council to set rules, regulations, and policies that impact the community. Whether updating existing laws or implementing new ones, understanding the steps involved ensures ordinances are legally sound and effectively communicated.
The League of Minnesota Cities Research Team has compiled a simplified guide to help you navigate adopting or amending a city ordinance.
Steps to Adopt or Amend an Ordinance
Post Notice of Proposed Ordinance or Amendment
- Before the city council can vote on the proposed ordinance or amendment, notice must be posted at least 10 days in advance. The notice should be posted at:
- The city’s usual public notice locations
- Any electronic notification system the city may have
- The city’s website, especially if ordinances are posted there
- Before the city council can vote on the proposed ordinance or amendment, notice must be posted at least 10 days in advance. The notice should be posted at:
Council Approval
- The proposed ordinance or amendment requires a majority vote of all council members to pass. Be aware that some ordinances may require a higher threshold, so it’s important to consult with your city attorney to ensure the correct voting requirement.
Mayor and Clerk Sign and Attest
- Once approved, the ordinance is signed by the mayor and city clerk. They must also attest to the document and affix the official seal.
Publish in Official Newspaper
- The ordinance must be published in the city’s official newspaper within 45 days of adoption. If the ordinance is lengthy, a summary can be published. A 4/5ths vote of the council must approve summary language. A full copy must still be available for public viewing at the community library or another designated location.
Record in Ordinance Book
- Finally, within 20 days of adoption, the ordinance must be recorded in the official ordinance book for the city’s records.
- If the ordinance pertains to subdivisions, conditional use permits, or official maps, a certified copy must be filed with the county recorder.
FAQs About Ordinance Adoption
Q: Do we need a public hearing for every proposed ordinance?
A: Only for certain ordinances such as zoning and city charter amendments. Check with your city attorney to see whether the ordinance you are considering requires a public hearing.
Q: Is there a required number of “readings” for an ordinance before it’s passed?
A: Generally speaking, no. State statute does not require readings of ordinances; however, a city charter or other ordinances may have that requirement, so double check local regulations.
Q: I don’t know where to start with drafting an ordinance.
A: Collect samples of the type of ordinance being considered. MemberLink is a great place to request samples from other cities, or contact the Research Department to see if we have any on file. Review and edit the samples to fit your city’s needs. Be sure to have your city attorney review or participate in the ordinance drafting if possible.
The Importance of Legal Review
Ordinances have the force and effect of law, so their accuracy and clarity are critical. While you are not legally required to hire an attorney to draft an ordinance, it’s strongly recommended to consult with one.
If your city’s ordinances are outdated or no longer reflect the community’s values, consider adopting the MN Basic Code or the Livable City Code, which have been developed by the League of Minnesota Cities and American Legal Publishing.
By following these steps and consulting with your city attorney, you can confidently adopt or amend an ordinance that benefits your community.
Resources:
Handbook for Minnesota Cities Chapter 7 (Starting on page 42)