Severability Clauses in Scottsdale Ordinances

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

Severability clauses tell how a city handles parts of an ordinance if a court invalidates another part. In Scottsdale, Arizona, severability language in municipal ordinances preserves enforceable provisions when a specific section is struck down and clarifies the intent of the council and drafting authority Scottsdale Revised Code[1]. This guide explains practical effects for residents, enforcement pathways, and steps to challenge or seek relief from an ordinance provision.

Severability keeps an ordinance working even if one clause is invalidated.

How severability works in practice

Most severability clauses state that if one provision is held invalid, the remainder remains effective. That preserves legislative intent and prevents entire ordinances from being voided because of a single problem. Where municipal drafters included explicit severability language, courts usually excise the invalid portion rather than invalidate the whole ordinance. If the Scottsdale code does not include clear severability language for a given provision, courts apply general principles of statutory construction or common law. For specific ordinance text, consult the city code directly Scottsdale Revised Code[1].

Penalties & Enforcement

Severability clauses themselves do not typically set penalties; enforcement and penalties are established elsewhere in the municipal code or the particular ordinance. Where fines, injunctive orders, or other sanctions apply, the controlling ordinance or enforcement chapter should list amounts and procedures. Specific fine amounts for violations are often listed with each regulatory chapter; if amounts or escalation schedules are not shown on the cited pages, they are "not specified on the cited page" and you must consult the particular ordinance or contact the enforcing office for current figures Scottsdale Code Enforcement[2].

  • Monetary fines: not specified on the cited page; see the specific ordinance chapter for amounts and per-day language.
  • Escalation: first, repeat, and continuing offence procedures are set in each enforcement chapter or penalty schedule; not specified on the cited page.
  • Non-monetary sanctions: orders to comply, abatement, permit suspension, or referral to municipal court are typical remedies.
  • Enforcer and appeal: enforcement usually lies with Code Enforcement, Planning & Development Services, or the City Attorney; appeals follow administrative review and municipal court pathways with time limits listed in the triggering ordinance or enforcement rule.
If you face enforcement, get the specific ordinance number and appeal deadlines from the enforcing office immediately.

Applications & Forms

Many enforcement matters allow permits, variances, or administrative appeals. Specific application names and numbers depend on the subject ordinance and department. If no form is published for a remedy or appeal, the cited pages state "not specified on the cited page" and you should contact the enforcing department for procedural guidance Scottsdale Code Enforcement[2].

Common violations and where severability matters

  • Nuisance and property maintenance violations — penalties and abatement procedures may survive even if a specific clause is severed.
  • Building or zoning requirements — a struck provision can affect permits or setback rules and may trigger variances.
  • Business licensing conditions — severability can preserve licensing rules when unrelated clauses are invalidated.

Action steps

  • Find the exact ordinance number in the Scottsdale Revised Code and check for severability language in that chapter Scottsdale Revised Code[1].
  • Contact the enforcing department (Code Enforcement, Planning, or City Attorney) to ask about fines, deadlines, and appeal forms Code Enforcement[2].
  • If you plan litigation or a declaratory judgment, preserve administrative remedies and note statutory appeal deadlines.

FAQ

What is a severability clause?
A severability clause says that if part of an ordinance is invalid, the rest remains in force unless the remaining provisions cannot stand on their own.
Does severability stop enforcement?
No; severability affects which provisions remain effective, but enforcement proceeds under whatever provisions remain valid and enforceable.
How do I challenge an ordinance provision in Scottsdale?
Start with the enforcing department's administrative process; preserve appeal deadlines and consult the City Attorney or an attorney for judicial review.

How-To

  1. Identify the exact ordinance and section you believe is invalid and note any severability language in that chapter.
  2. Contact the enforcing department to request written notice of violation, penalty schedule, and available administrative appeals.
  3. File the administrative appeal or variance within the deadline; keep records of submissions and correspondence.
  4. If administrative review is exhausted, consult counsel about judicial relief and prepare evidence showing why the clause is invalid and why remaining provisions should be preserved.

Key Takeaways

  • Severability preserves enforceable parts of ordinances when a clause is invalidated.
  • Check the specific ordinance text and enforcement chapter for penalties and appeal procedures.
  • Contact Scottsdale Code Enforcement or the relevant department early to confirm forms and deadlines.

Help and Support / Resources

  1. [1] Scottsdale Revised Code - Municode
  2. [2] City of Scottsdale - Code Enforcement

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