Severability Clause - Chandler City Code

General Governance and Administration Arizona 3 Minutes Read · published February 10, 2026 Flag of Arizona

A severability clause explains what happens to the remainder of an ordinance if one provision is held invalid. In Chandler, Arizona, severability language appears in the city code and governs how courts and city officials treat partial invalidations of city ordinances and bylaws. Understanding the clause helps residents, businesses, and officials know whether the rest of a regulation stays operative when a court strikes a single section or phrase. For official text and the location of severability provisions in Chandler municipal law, consult the City Code and the City of Chandler ordinance pages[1][2].

Severability preserves enforceable provisions when one part is invalidated.

What a severability clause means

A typical severability clause states that if a court finds part of an ordinance invalid, the remaining sections continue in force. In practice this means only the specific clause struck down is removed or modified; the rest of the ordinance remains effective unless the invalid portion is inseparable from the whole.

How severability affects Chandler city ordinances

In Chandler, the severability clause is procedural rather than punitive: it determines legal effect after judicial review but does not itself impose fines or enforcement mechanisms. Enforcement, penalties, and remedies remain governed by the substantive ordinance sections and the citys enforcement provisions. For the official Chandler Municipal Code text, see the municipal code resource and the citys ordinance information pages[1][2].

Severability does not revive provisions already repealed or prohibited by higher law.

Penalties & Enforcement

The severability clause does not prescribe penalties; penalties arise from the substantive ordinance sections that the clause helps preserve. Below are general enforcement points and how they apply in Chandler.

  • Monetary fines: specific amounts are set in individual ordinance sections; the severability clause itself contains no fine amounts and fines for violations are not specified on the cited severability text.
    Reference: not specified on the cited page.
  • Escalation: first, repeat, or continuing offense structures are defined by each ordinance; the severability clause does not list escalation ranges (not specified on the cited page).
  • Non-monetary sanctions: injunctive orders, abatement, permit suspension, or court actions arise from enforcement provisions in each code section.
  • Enforcer and complaints: code enforcement, the City Attorney, or specific departments enforce ordinances; to report violations contact Chandler Code Enforcement or the responsible department[3].
  • Appeals and judicial review: affected parties may seek judicial review in state court or use administrative appeal routes where the ordinance provides them; specific time limits for appeals are set by the governing ordinance or court rules and are not specified on the severability clause page.
Penalties are determined by the ordinance that remains after severability, not by the severability provision itself.

Applications & Forms

There is no universal application tied to the severability clause. To challenge or seek review of an ordinance, use the judicial process or the administrative appeal procedures referenced in the relevant ordinance or contact the City Attorneys office or Code Enforcement for procedural guidance. Specific forms for appeals or permit variances are published per department when applicable.

Common violations and typical outcomes

  • Zoning nonconformance: subject to stop-work orders, fines, and required remedial actions as provided in zoning and building sections.
  • Parking and local traffic infractions: fines and towing or booting according to parking code sections.
  • Building without permits: permit penalties, stop-work orders, and possible civil penalties under building regulations.

FAQ

What is a severability clause?
A severability clause states that if part of an ordinance is declared invalid, the remaining provisions remain effective unless the invalid part is inseparable from the whole.
Does a severability clause change fines or enforcement?
No; it affects legal effect after invalidation. Fines and enforcement are set by the substantive ordinance sections and enforcement rules.
How do I challenge an ordinance in Chandler?
Challenges are made by filing for judicial review in the appropriate court or following any administrative appeal process set out in the ordinance; contact the City Attorney or Code Enforcement for guidance.

How-To

  1. Locate the relevant ordinance in the Chandler Municipal Code to read the severability language and the substantive provisions.[1]
  2. Contact the City Attorneys office or Code Enforcement to confirm enforcement pathways and any administrative review options.[3]
  3. If necessary, initiate judicial review by filing in the appropriate Arizona court; consult an attorney for timelines and procedure.

Key Takeaways

  • Severability preserves the rest of an ordinance when a single part is invalidated.
  • Penalties remain governed by the substantive code sections, not by the severability clause.

Help and Support / Resources

  1. [1] City of Chandler - Municipal Code (official code library)
  2. [2] City of Chandler - Municipal Code information
  3. [3] City of Chandler - Code Enforcement

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