Severability Clause - Rancho Cucamonga City Code
In Rancho Cucamonga, California, a severability clause ensures that if one part of an ordinance is held invalid, the remainder can remain effective. The municipal code contains the city’s general provisions and the city’s adopted ordinances; review the consolidated code to locate a specific severability provision [1] and the City Clerk’s municipal code information for official access and updates [2].
What a severability clause does
A severability clause typically states that if any provision, sentence, clause, or phrase of an ordinance is held invalid by a court, the invalidity does not affect the remaining provisions. This protects the legislature’s intent and helps preserve valid portions of a law while isolating the invalid text.
Penalties & Enforcement
A severability clause itself does not create penalties; it operates as an interpretive tool. Specific penalties, fines, or administrative sanctions are established elsewhere in the municipal code or in the enforcing department’s regulations. Where numeric fines or escalation are not printed in the severability clause page, those amounts are not specified on the cited page [1].
- Fines: not specified on the cited page for the severability clause; see the applicable ordinance or penalty schedule for amounts.
- Escalation: first, repeat, and continuing-offence rules are set in specific ordinance sections and are not specified on the severability clause page [1].
- Non-monetary sanctions: orders to comply, injunctions, abatement, and court actions may be available under enforcing ordinances or code enforcement programs.
- Enforcer and complaints: enforcement of municipal ordinances is typically handled by the City Attorney and Community Development/Code Enforcement; file complaints or contact enforcement through official city channels.
- Appeals and review: appeal routes and statutory time limits are provided in the ordinance or administrative code; if an appeal period is not specified on the severability clause page, it is not specified on the cited page [1].
- Defences and discretion: defenses (for example, permits, variances, or reasonable excuse) depend on the specific ordinance and permitting rules rather than the severability clause itself.
Applications & Forms
There is no standalone application or form tied solely to a severability clause; any appeals, permits, or variances rely on forms published for the specific ordinance or department. If no form is published on the municipal code page, then none is specified on that cited page [1].
Action steps
- Locate the ordinance text in the municipal code and read both the severability clause and the offending provision.
- Contact the City Clerk for official records or the Community Development/Code Enforcement office for enforcement procedures.
- If affected by an invalidated provision, consider filing an appeal or seeking a permit/variance per the applicable ordinance rules.
FAQ
- What is a severability clause?
- A severability clause states that if part of an ordinance is found invalid, the remainder remains in effect.
- Does the severability clause change fines?
- No; the severability clause does not set or change fines, and any monetary penalties are listed in the specific ordinance or penalty schedule.
- Who enforces ordinance provisions affected by severability?
- Enforcement is handled by the city departments designated in the ordinance (for example, Code Enforcement or the City Attorney); contact official city offices for complaint procedures.
How-To
- Identify the ordinance number or topic you are reviewing.
- Open the municipal code and locate the ordinance text and its severability clause [1].
- Contact the City Clerk or Community Development for clarifications or certified copies of the ordinance [2].
- If you believe an ordinance is invalid or being applied incorrectly, follow published appeal or administrative hearing procedures for that ordinance.
- Pay required fees or post any bonds only as directed by the applicable ordinance or hearing outcome.
Key Takeaways
- A severability clause preserves enforceable portions of an ordinance if part is invalidated.
- For enforcement, appeals, or forms, consult the specific ordinance and contact official city departments.
Help and Support / Resources
- City of Rancho Cucamonga - Municipal Code
- City of Rancho Cucamonga - Contact & Departments
- Community Development - Code Enforcement