Severability Clauses in San Bernardino Municipal Code

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

Severability clauses appear in San Bernardino, California municipal legislation to ensure that if one provision of an ordinance is found invalid or unenforceable, the remaining provisions remain effective. In practice this means courts or enforcement officers may strike or limit a single clause without voiding an entire ordinance. Understanding severability helps residents, businesses, and attorneys know whether a judicial or administrative ruling on one section will change other obligations under local law.

A severability clause protects the rest of an ordinance when one part is invalidated.

What is a severability clause?

A severability clause is a drafting statement usually placed near the start or end of a municipal ordinance that directs courts to preserve the lawful portions of the ordinance if another portion is declared invalid. It does not itself change substantive obligations; it governs how courts and officials treat invalid provisions.

How severability affects enforcement and interpretation

  • Severability does not create penalties or enforcement powers by itself; it is a rule about statutory construction and preservation of the remaining law.
  • When a provision is severed, enforcement typically continues for unaffected sections unless a court or ordinance text directs otherwise.
  • Municipal officials will rely on the city attorney and court rulings to determine whether a severed section changes compliance requirements.

Penalties & Enforcement

Fine amounts and specific escalation rules for violations related to ordinances that contain severability clauses are not specified on the cited municipal code page.[1]

  • Fine amounts: not specified on the cited page.[1]
  • Escalation for repeat or continuing offences: not specified on the cited page.[1]
  • Non-monetary sanctions (injunctions, abatement orders, court actions): available under applicable ordinance language or judicial remedies; specifics depend on the ordinance text and court orders.
  • Enforcer and complaint pathway: City Code Enforcement and the City Attorney handle ordinance enforcement and legal defense; contact and complaint procedures are maintained by city departments.[2]
For severability issues, enforcement outcomes depend on both ordinance text and court rulings.

Applications & Forms

No special application or permit is required to invoke or apply a severability clause; severability is a drafting provision rather than a permitable action. Where appeals or challenges require filings, the notice and filing forms are those required for judicial or administrative appeals, as specified by the enforcing office or court.

Common violations and typical responses

  • Violations of substantive ordinance provisions (e.g., building, zoning, noise) — penalties governed by those specific ordinance sections, not by the severability clause.
  • Failure to comply with corrective orders or abatement directives — may lead to civil penalties or abatement actions under applicable code sections.
  • Continued noncompliance after a court decision affecting one section — may lead to modified enforcement focused on remaining valid provisions.

FAQ

What happens when a court invalidates one part of a San Bernardino ordinance?
The severability clause directs that only the invalid portion should be disregarded when possible, leaving the rest of the ordinance in force.
Can a severability clause stop enforcement while a legal challenge proceeds?
No; severability governs how invalid provisions are treated after a judicial determination. Temporary stays or injunctions are separate judicial remedies.
Where do I find the official text of local severability language?
Official municipal code text and ordinance language are published in the city code; consult the city code for exact severability wording and placement.[1]

How-To

  1. Locate the ordinance text in the City of San Bernardino municipal code online.
  2. Read the ordinance preamble and general provisions for a severability clause.
  3. Contact City Code Enforcement or the City Attorney for clarification if an enforcement action or court decision raises severability questions.
  4. If involved in litigation, consult a lawyer and review relevant court orders to see how a severs clause was applied.

Key Takeaways

  • Severability preserves remaining ordinance text when one provision is invalidated.
  • Enforcement of unaffected provisions typically continues under city departments and the City Attorney.
  • Specific fines, escalations, and appeal time limits are determined by the particular ordinance or court orders and may not be listed with the severability language.[1]

Help and Support / Resources

  1. [1] City of San Bernardino - Municipal Code (Code of Ordinances)
  2. [2] City of San Bernardino - Code Enforcement

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