Severability Clauses in Aurora City Laws
In Aurora, Illinois, severability clauses help preserve the remainder of a city ordinance if a court finds part of it invalid. For residents, business owners, boards, and city officials, knowing how severability works clarifies whether the rest of an ordinance remains enforceable after a court ruling. This guide explains the typical role of severability language in municipal codes, how it interacts with enforcement and appeals, and practical steps to challenge or seek clarification about a specific ordinance in Aurora.
What severability means
A severability clause is a short provision commonly placed near the start or end of a municipal ordinance or in the municipal code that says if one part of the law is invalid, the remainder stays in effect. In practice, severability preserves city policy goals when courts strike an isolated provision for constitutional or procedural reasons. The precise placement and wording vary by ordinance; some appear in the city charter or a general provisions chapter of the municipal code.
Penalties & Enforcement
Severability clauses themselves do not prescribe penalties; they affect whether enforcement actions continue to be valid if part of an ordinance is invalidated. Specific penalties for violating an ordinance are found in the ordinance text or enforcement chapters of the municipal code. If no penalty is specified for a severed provision, the enforcing department or city attorney will determine applicable remedies or refer the matter to a court.
- Fines: not specified on the cited page for severability clauses; see the specific ordinance for amounts.
- Escalation: first, repeat, or continuing offense ranges are determined by the ordinance; not specified on the cited page for severability language.
- Non-monetary sanctions: orders to comply, injunctions, abatement, permit suspensions, or court actions may apply depending on the ordinance.
- Enforcer: typically the City Attorney, Code Enforcement, or the department assigned in the ordinance handles enforcement and legal action.
- Inspections and complaints: submit complaints through the city department responsible for the subject matter (e.g., Code Enforcement or Community Development).
- Appeals/review: appeal routes depend on the ordinance; judicial review in court may be available. Time limits for appeals are set by statute or ordinance and are not specified on the cited page for severability clauses.
- Defences/discretion: common defences include compliance with permits, variances, or a showing of reasonable excuse; the city may exercise prosecutorial or enforcement discretion.
Applications & Forms
There is normally no dedicated application or form to invoke severability; it is a legal effect of the ordinance language. If you seek a variance, permit, or administrative review related to an ordinance, use the forms published by the relevant city department. For severability questions in litigation, consult the City Attorney or file a court action; specific forms and fees for court proceedings are set by the court, not the city.
Practical steps after a provision is challenged
- Identify the exact ordinance and section at issue and save copies of the text and any notices.
- Contact the department listed in the ordinance for clarification or to file a complaint.
- Seek legal advice promptly if you are a defendant or party affected by litigation; deadlines for motions and appeals are strict.
- Document compliance steps you have taken to show good faith if enforcement proceeds on remaining provisions.
FAQ
- What does a severability clause do?
- A severability clause states that if part of an ordinance is declared invalid, the rest of the ordinance remains effective unless the valid provisions are inseparable from the invalid ones.
- Can the city enforce remaining provisions after a court strikes one part?
- Yes, often the city continues to enforce remaining provisions unless a court explicitly invalidates the ordinance in whole.
- Who decides whether a severability clause applies?
- Courts make the final decision; city attorneys and enforcement departments may interpret and act on severability pending judicial rulings.
How-To
- Locate the exact ordinance text and note the section numbers and any severability clause language.
- Contact the relevant city department or the City Attorney to request guidance or administrative review.
- If you plan to challenge the ordinance, consult an attorney and file the appropriate petition in court within applicable deadlines.
- If seeking relief short of litigation, pursue permits, variances, or administrative appeals following department procedures.
Key Takeaways
- Severability preserves remaining ordinance provisions when a part is invalidated.
- Court rulings determine how severability applies in each case.
- Contact the appropriate city department or City Attorney for clarification and next steps.