Severability Clauses in Glendale City Ordinances

In Glendale, California, severability clauses determine whether the remainder of an ordinance stays effective if one part is invalidated. Municipal severability language appears in the city code and in individual ordinances adopted by the City Council; you can consult the consolidated municipal code and ordinance records for the authoritative text. Glendale Municipal Code^[1] and the City Clerk ordinance records list adopted local laws and their legislative history. Glendale City Clerk — Ordinances & Resolutions^[2]

What a severability clause does

A severability clause states that if any provision of an ordinance is held invalid by a court or preempted by higher law, the rest of the ordinance remains in force unless the valid portions are inseparable from the invalid portion. This preserves the city's intent to enforce the remaining, lawful parts of an ordinance while avoiding wholesale repeal when courts strike a single clause.

How severability works in practice

Courts interpret severability clauses together with statutory text and legislative history. If a struck provision is central to the ordinance's purpose, a court may declare the whole ordinance invalid despite a severability clause. Whether a court severs or voids depends on judicial analysis of intent and independence of provisions.

Penalties & Enforcement

Severability clauses themselves rarely set fines or sanctions; they are procedural text about construction of the ordinance rather than an enforcement provision. Specific penalties for violating an ordinance appear in the ordinance text or the municipal code section that establishes the regulated duty. Where the municipal code or ordinance does specify fines or criminal penalties, those amounts and escalation rules appear under the ordinance or in enforcement chapters of the code; if not listed on the cited pages, they are not specified on the cited page.^[1]

• Monetary fines: not specified on the cited severability page; consult the specific ordinance or enforcement chapters for amounts.^[1]
• Escalation (first/repeat/continuing violations): not specified on the cited page; escalations are typically defined where the substantive offense is created.^[1]
• Non-monetary sanctions: potential orders to comply, abatement, injunctions, or referral to court; specific remedies are set in the ordinance or enabling code section.
• Enforcer: enforcement generally falls to the City of Glendale code enforcement or the department designated by the ordinance; the local enforcing office is identified in the ordinance or departmental rules and is not specifically named on the severability clause page.^[2]
• Inspection and complaint pathways: file complaints or requests for enforcement through the department listed in the ordinance or via the City Clerk or code compliance intake procedures.
• Appeal/review: appeal routes depend on the ordinance and enforcement chapter; time limits for appeals or administrative hearings are set where the enforcement mechanism is described and are not specified on the cited severability pages.^[1]
• Defenses/discretion: courts and enforcement officers may consider permits, variances, or reasonable excuse; these procedures are governed by the substantive code sections.

Applications & Forms

There is generally no separate "severability" form; severability is a clause in ordinance text. For ordinance adoption, amendment, or to obtain certified copies, contact the City Clerk using the ordinance records page or follow the municipal code publisher links for certified code copies. If specific application forms are required for enforcement or appeals, those forms are published with the enforcing department or clerk and are not listed on the severability clause page.^[2]

Practical action steps

• Locate the ordinance or code section that contains the challenged provision via the municipal code or City Clerk records.^[1]
• Contact the City Clerk or designated enforcing department to request enforcement guidance or certified copies of the ordinance.^[2]
• Where a provision is invalidated, track whether the ordinance contains a severability clause and consult counsel on how severability affects the remaining provisions.

FAQ

What is a severability clause?

A severability clause states that if part of an ordinance is found invalid, the remaining provisions remain effective unless they are inseparable from the invalid provision.

Does severability change penalties?

No; severability does not create or alter penalties—penalties are detailed in the substantive ordinance or enforcement chapters and must be checked in those sections.

Where can I find the official text?

Official ordinance text and the consolidated municipal code are available from the City Clerk and the municipal code publisher linked on the city website.^[2]

How-To

1. Identify the ordinance and specific provision you believe is affected.
2. Review the ordinance text in the Glendale Municipal Code or obtain a certified copy from the City Clerk.^[1]
3. Contact the City Clerk or the enforcing department to confirm enforcement procedures and available forms.^[2]
4. If necessary, seek judicial review; time limits and procedures for appeals are set in the enforcement or procedural code sections.

Key Takeaways

• Severability clauses aim to keep valid portions of an ordinance effective if part is invalidated.
• Penalties and appeal timelines are specified where the substantive offense and enforcement are described, not in severability language.

Help and Support / Resources

• Glendale Municipal Code (consolidated ordinances)
• Glendale City Clerk — Ordinances & Resolutions
• City of Glendale Community Development / Code Compliance

1. [1] Glendale Municipal Code - Code of Ordinances
2. [2] City of Glendale — City Clerk: Ordinances & Resolutions