Des Moines Severability Clauses for City Laws

General Governance and Administration Iowa 4 Minutes Read · published February 10, 2026 Flag of Iowa

Introduction

In Des Moines, Iowa, severability clauses help ensure that if one part of a city ordinance is found invalid, the rest can remain in effect. These clauses are a standard tool in municipal drafting and affect how courts and city officials apply and enforce local laws. Understanding where to find the official text, who enforces ordinances, and how appeals work helps residents and businesses respond to enforcement actions and draft compliant policies.

Check the official municipal code for the exact severability wording that controls a particular ordinance.

What a Severability Clause Does

A severability clause states that the invalidation of one provision does not automatically void the entire ordinance; instead, the remaining provisions continue to operate if they can function independently. In practice, courts consider legislative intent and whether the remaining parts can stand alone without producing an outcome the council would not have intended.

How Severability Works in Des Moines Practice

To locate the controlling severability language for a specific Des Moines ordinance, consult the city code and the ordinance as adopted by the City Council. The consolidated municipal code is published online by the official code publisher and shows current ordinance text and structure.[1]

  • Where to read the ordinance: municipal code and adopted ordinance documents[2]
  • Who to contact: City Clerk for official ordinance text and the enforcing department listed in the ordinance
Severability clauses do not guarantee that courts will preserve the rest of an ordinance; judges apply legal tests to decide.

Penalties & Enforcement

Severability clauses do not themselves prescribe penalties; enforcement and penalties for an ordinance are set in the specific ordinance text or the municipal code. Where numeric fines or penalties are required, those amounts appear in the applicable chapter or section. If the municipal code page does not list penalties for a given provision, that information is not specified on the cited page and an enforcing department should be consulted.[1]

  • Fine amounts: not specified on the cited consolidated code page for severability itself; check the specific ordinance section for dollar amounts[1]
  • Escalation: first, repeat, or continuing offence escalations are set per ordinance or citation schedules and are not specified on the cited page
  • Non-monetary sanctions: injunctive orders, abatement orders, permit suspensions, and civil remedies may be listed in enforcement provisions of the code or the enforcing department’s rules
  • Enforcer: enforcement typically occurs through the city department named in the ordinance (for property and nuisance matters, Neighborhood Inspections or Code Enforcement; for building issues, Inspections & Permits; legal actions may be handled by the City Attorney)[3]
  • Appeals and time limits: appeal periods and review routes are provided in the ordinance or chapter; if not listed on the cited pages, they are not specified on the cited page
When a provision is challenged, timely appeal or stay requests are essential to preserve rights.

Applications & Forms

Forms for reporting violations, requesting inspections, or filing appeals are provided by the enforcing department; some processes use generic complaint or permit forms available through the city’s permits and inspections pages. If a specific form or number for severability-related appeals is not published, it is not specified on the cited page and you should contact the City Clerk or the enforcing department for the correct form and filing method.[2]

Many appeals begin by contacting the department listed on the citation or notice and following that department’s posted procedures.

Common Violations and Typical Outcomes

  • Building without permit: enforcement by Inspections & Permits; penalties depend on code section
  • Nuisance or property maintenance violations: abatement orders and civil penalties set by municipal chapter
  • Parking or traffic ordinance violations: fines and towing per traffic sections

Action Steps

  • Identify the exact ordinance number and section in the municipal code[1]
  • Contact the City Clerk for certified ordinance text and the enforcing department listed in the ordinance[2]
  • If cited, follow the notice for appeal deadlines and, if necessary, request administrative review or file in court per the ordinance

FAQ

What is a severability clause?
A severability clause declares that if part of an ordinance is invalid, the remainder should continue to apply where possible.
Does a severability clause prevent legal challenges?
No; a severability clause does not prevent challenges but guides courts and councils on preserving lawful provisions.
Where do I find the official severability language for a Des Moines ordinance?
Check the Des Moines municipal code and the adopted ordinance text; contact the City Clerk for certified copies.[2]

How-To

  1. Locate the ordinance: search the Des Moines municipal code for the ordinance number or subject.[1]
  2. Read the severability and enforcement sections within that ordinance and related code chapters.
  3. Contact the City Clerk to confirm the ordinance text and ask which department enforces the provision.[2]
  4. If you receive a notice, follow the appeal steps listed on the notice and submit any required forms to the enforcing department or clerk within stated deadlines.

Key Takeaways

  • Severability clauses aim to preserve enforceable provisions when part of an ordinance is invalid.
  • Always consult the official municipal code and the City Clerk for authoritative text and filing procedures.
  • Enforcement details, fines, and appeal deadlines are set in the specific ordinance or enforcing department rules.

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