Severability Clauses in Tucson Municipal Code
Introduction
In Tucson, Arizona, severability clauses help ensure that if one part of an ordinance is found invalid, the rest remains enforceable. This article explains how severability language functions in the Tucson municipal code, who enforces related provisions, how challenges are processed, and practical steps for officials, attorneys, and members of the public. For the controlling text of local ordinances and stated severability language, consult the published Tucson Code of Ordinances on the official municipal code publisher and the City Clerk’s code pages.Tucson Code of Ordinances[1] City Clerk - City Code[2]
What a Severability Clause Does
Severability clauses state that if any provision of an ordinance is declared invalid or unconstitutional by a court, the remaining provisions continue in effect. They do not immunize illegal provisions but provide a legal mechanism to preserve the ordinance where possible. The precise wording and placement vary across ordinances recorded in the Tucson code.Tucson Code of Ordinances[1]
Penalties & Enforcement
Severability clauses themselves do not create penalties; enforcement, fines, and sanctions apply to the underlying ordinance sections. Specific penalty amounts and escalation vary by ordinance section and are stated in each relevant code provision or enforcement rule. When a severability issue arises, enforcement continues for valid provisions while invalid provisions are removed or struck by a court.Planning & Development Services[3]
- Fine amounts: not specified on the cited page; refer to the specific ordinance section for numeric penalties.
- Escalation (first/repeat/continuing): not specified on the cited page; some sections provide per-day continuing penalties.
- Non-monetary sanctions: orders to cease activity, corrective measures, permit suspension, or court injunctions may apply depending on the code section.
- Enforcer: enforcement may be carried out by the designated department for the subject matter (e.g., Code Enforcement, Planning & Development Services, Police), with legal oversight by the City Attorney.
- Complaint/inspection path: report violations to the responsible department via official City of Tucson online complaint or permit portals; see Planning & Development Services and Code Enforcement contacts in Resources.
- Appeals/review: appeal routes typically include administrative review or civil court actions; specific appeal time limits are set in the ordinance or applicable administrative rules and are not specified on the cited pages.
- Defences/discretion: common defences include permit compliance, vested rights, or a reasonable reliance argument where permitted; variances or permits may be sought to address conflicts.
Applications & Forms
No universal form is required solely for a severability determination; challenges are typically raised in court proceedings or administrative appeals tied to the specific ordinance action. For enforcement complaints, permit appeals, or variance requests use the department-specific forms and submission portals listed in Resources.City Clerk - City Code[2]
- None: no standalone severability form is published in the municipal code; use applicable complaint, permit, or appeal forms for the subject ordinance.
Common Situations Where Severability Matters
- Zoning or land-use provisions challenged in court may be severed to preserve remaining zoning regulations.
- Parking, traffic, or temporary event rules may use severability to keep other operational rules intact.
- Public-health or safety orders may include severability language to maintain enforceable parts if one element is invalidated.
Action Steps
- Review the exact ordinance language in the Tucson Code of Ordinances to confirm the severability text and its scope.Tucson Code of Ordinances[1]
- If enforcement is threatened, contact the enforcing department (Planning & Development Services, Code Enforcement, or City Attorney) for administrative steps.
- If you plan litigation, preserve records, permits, and application materials and consult the City Clerk and City Attorney contacts for procedural guidance.
FAQ
- What is a severability clause?
- A severability clause declares that if a court invalidates one part of an ordinance, the remaining parts remain in force to the extent they can operate independently.
- Does a severability clause prevent enforcement of other provisions?
- No; it allows enforceable provisions to remain effective while only the invalid portion is removed or stayed.
- Where can I read Tucson’s severability language?
- Severability language is located within individual ordinances in the Tucson Code of Ordinances; consult the official code publisher or the City Clerk’s code page for the controlling text.Tucson Code of Ordinances[1]
How-To
- Identify the exact ordinance and section text in the Tucson Code of Ordinances that contains the contested provision.
- Gather permit records, administrative decisions, and correspondence related to the enforcement action.
- File any required administrative appeal with the responsible department within the statutory time limit stated in the ordinance or appeal rule.
- If administrative remedies are exhausted, consult an attorney about initiating judicial review and prepare to raise severability as an argument to preserve valid provisions.
Key Takeaways
- Severability clauses help preserve functioning parts of ordinances when other parts are invalidated.
- Penalties depend on the specific ordinance; severability text does not itself impose fines.
Help and Support / Resources
- City Clerk - City Code
- Planning & Development Services
- Code Enforcement - Housing & Community Development