Severability Clauses in Tallahassee Ordinances
Tallahassee, Florida uses severability clauses in local legislation to protect the remainder of an ordinance if a court or other authority invalidates part of it. This guide explains how severability typically operates in Tallahassee ordinances, who enforces legal challenges, how residents and officials can act, and where to find the controlling text and contacts on official city sites. Where a specific ordinance text or fine is not published on the cited municipal pages, the guide notes that fact and points to the responsible office for clarification.
How severability works
A severability clause says that if one provision of an ordinance is held invalid, the rest remains in force unless the ordinance expressly states otherwise. In Tallahassee, severability language appears in individual ordinances and in the consolidated code; consult the official Code of Ordinances for the enacted text. City Code of Ordinances[1]
Penalties & Enforcement
Severability itself is not a penal provision; it does not create fines or sanctions. Enforcement and penalties arise from the substantive ordinance provisions, not from the severability clause. Where the municipal code or an ordinance lists penalties, rely on that specific section; if a page does not list amounts, it will be noted below as "not specified on the cited page." For guidance about legal challenges and official enforcement, the City Attorney handles legal interpretation and defense for the City of Tallahassee. City Attorney[2]
- Fines for violating an ordinance: amounts are set in the specific ordinance sections; where not provided, fines are not specified on the cited page.
- Escalation: first, repeat, and continuing-offence structures depend on the ordinance language; many code chapters provide progressive penalties but some do not specify escalation.
- Non-monetary sanctions: orders to comply, injunctions, permit suspensions or revocations, and court action are common enforcement tools; availability depends on the ordinance text.
- Enforcer and complaint pathway: enforcement commonly is handled by the department named in the ordinance (for example, Code Enforcement, Building, or Parking), with legal support from the City Attorney; file complaints via the department pages or the city clerk for ordinance matters.
- Appeals and review: appeals typically proceed to magistrate hearings, administrative review, or court; time limits for appeals are stated in the enforcement or hearing chapter of the applicable code or ordinance, and where not stated they are not specified on the cited page.
Applications & Forms
There is generally no separate "severability" application; challenges or requests for declaratory relief use standard legal filings or administrative appeal forms for the specific enforcement process. For ordinance text, forms, or case procedures see the City Clerk and relevant department pages. City ordinances and publication[3]
Common violations and typical outcomes
- Zoning or land-use violations: often subject to fines, stop-work orders, or required remediation; specific penalties found in zoning chapters.
- Building and permit violations: may trigger permit suspension, correction orders, or fees.
- Parking and traffic ordinance breaches: typically citations and fines per parking chapter.
Action steps
- Locate the ordinance text in the Code of Ordinances to read the severability clause and enforcement section.
- Contact the enforcing department listed in the ordinance for compliance guidance or to file a complaint.
- If you plan to challenge a provision, consult the City Attorney or retain counsel to pursue administrative appeals or court review.
FAQ
- Does a severability clause prevent an entire ordinance from being struck down?
- A severability clause aims to preserve valid provisions, but courts may invalidate an entire ordinance if the invalid portion is central to the ordinance's purpose.
- Who enforces severability or decides if a provision is severable?
- Courts and, in some administrative processes, the City Attorney or administrative hearing officers determine severability in challenges; enforcement departments implement the remaining provisions.
- Are there forms to request a severability review?
- No specific severability form is published; challenges follow administrative appeal or court filing procedures, as set out in the applicable code chapter or department rules.
How-To
- Identify the exact ordinance and section that you believe is invalid by consulting the Code of Ordinances.
- Gather evidence showing why the provision is invalid or unconstitutional, including dates, photographs, permits, or communications.
- Contact the enforcing department to request clarification, an administrative review, or informal resolution before filing appeals.
- If administrative remedies fail, file the appropriate appeal or court action; consult the City Clerk or City Attorney for procedural requirements.
- Follow procedural deadlines closely; if a deadline is not specified on the ordinance page, it is not specified on the cited page and you should confirm with the City Clerk.
Key Takeaways
- Severability preserves valid parts of ordinances but courts may still invalidate entire measures when necessary.
- Contact enforcement departments and the City Attorney for guidance on challenges and appeals.
- Always consult the specific ordinance text in the official Code of Ordinances for penalties, appeal steps, and time limits.
Help and Support / Resources
- City Attorney - City of Tallahassee
- Code of Ordinances - Municode Library
- City Clerk - filing, ordinances, and records
- Building & Permitting - City of Tallahassee