What is a severability clause?

A severability clause states that if part of a charter or ordinance is invalidated, the remaining parts continue in effect unless the invalid portion is essential to the law's operation.

Does severability remove penalties automatically?

No. Severability determines the survival of the rest of the law; penalties for a particular provision depend on the ordinance text and any court rulings that limit enforcement.

How do I report a possible ordinance conflict or violation?

Report ordinary code violations through Naperville Code Enforcement or contact the City Clerk for charter questions; see Help and Support / Resources for official links.

Naperville City Charter - Severability Guide

General Governance and Administration Illinois 3 Minutes Read · published February 21, 2026

In Naperville, Illinois the city charter and municipal ordinances include separation and severability principles that determine what happens when part of a law is declared invalid. This guide explains where to find the controlling text, how severability affects enforceability of remaining provisions, who enforces city law, common practical outcomes, and steps residents or attorneys can take to challenge or preserve provisions. Citations point to the city charter and the consolidated municipal code for Naperville; where specifics (fine amounts, time limits) are not shown on the cited pages the text notes that fact and the guidance is current as of February 2026.

Penalties & Enforcement

Severability clauses themselves do not carry fines; they operate to preserve the remainder of a charter or ordinance if a particular provision is invalidated. Where a challenged provision arises from a municipal ordinance, penalties for violating that ordinance are governed by the specific ordinance text in the municipal code or by relevant enforcement provisions. The authoritative charter and code are cited below for reference ^[1]^[2]. For reporting violations or requesting compliance inspections contact Naperville Code Enforcement Code Enforcement^[3].

Severability preserves valid provisions when a court removes only part of a law.

Fine amounts for specific ordinance violations: not specified on the cited page; consult the relevant ordinance in the municipal code.
Escalation (first/repeat/continuing offences): not specified on the cited page for severability; check each ordinance section for penalty schedules.
Non-monetary sanctions: typical municipal options include injunctive or declaratory court orders, abatement orders, civil penalties, and administrative compliance orders; specific remedies depend on the ordinance and applicable procedural code.
Enforcer and inspection pathway: Code Enforcement and the City Attorney enforce code violations; complaints and inspection requests go through the Code Enforcement intake page Code Enforcement^[3].
Appeals and review: appeal routes depend on the ordinance and may include administrative hearings, appeals to city boards, or judicial review; specific deadlines are not specified on the cited charter or code overview pages.

Applications & Forms

Variances, appeals, or permits that affect the application of an ordinance typically require submissions to Planning & Zoning or Building Safety. Exact form names and fees vary by application type and are listed on the department pages; no single form for a "severability" claim is published on the cited charter or code overview pages.

How severability works in practice

When a court finds a provision unconstitutional or otherwise invalid, a severability clause directs whether the remainder stands. Courts interpret severability using factors such as legislative intent and whether the remaining provisions can operate independently; the charter and municipal code should be reviewed to see if the city included explicit severability language. If a specific ordinance is ambiguous, the City Attorney or local counsel may seek judicial clarification. For authoritative text, consult the City of Naperville charter and the consolidated municipal code ^[1]^[2].

If you anticipate litigation, early contact with the City Clerk or City Attorney helps clarify procedural steps.

Common violations related to ordinance provisions

Building or zoning rule breaches: may trigger stop-work orders and fines; check code sections for specific penalties.
Parking and traffic ordinance violations: penalties set in the relevant ordinance; enforcement by parking operations or police.
Failure to obtain required permits: can lead to permit denial, civil penalties, or corrective orders.

FAQ

What is a severability clause?: A severability clause states that if part of a charter or ordinance is invalidated, the remaining parts continue in effect unless the invalid portion is essential to the law's operation.
Does severability remove penalties automatically?: No. Severability determines the survival of the rest of the law; penalties for a particular provision depend on the ordinance text and any court rulings that limit enforcement.
How do I report a possible ordinance conflict or violation?: Report ordinary code violations through Naperville Code Enforcement or contact the City Clerk for charter questions; see Help and Support / Resources below for links.

How-To

Locate the applicable charter or ordinance text in the City Charter or municipal code to identify the exact provision and any severability language.
Contact Naperville Code Enforcement or the City Clerk to report the issue or request guidance on administrative remedies.
File any required forms or permits (zoning variance, appeal form) with the relevant department; follow department instructions for fees and deadlines.
If administrative remedies are exhausted, consult counsel about seeking judicial review to obtain declaratory or injunctive relief.

Key Takeaways

Severability clauses aim to preserve valid law when parts are invalidated.
Contact Code Enforcement or the City Clerk early for procedural guidance and complaint intake.