Severability Clauses in Shreveport Ordinances
In Shreveport, Louisiana, severability clauses are standard provisions in municipal ordinances that preserve the remainder of a law if one part is declared invalid. For residents, businesses, and officials the clause determines whether an invalidated section voids the whole ordinance or only the problematic text. This article explains how severability works in Shreveport ordinances, who enforces outcomes, what penalties or remedies may follow, and practical steps to challenge or seek relief.
How severability works
A severability clause typically states that if a court finds a provision unlawful, the remaining provisions remain in force. The Shreveport Code of Ordinances contains general provisions and recurring clause language that local drafters use to limit the scope of invalidation [1].
When severability matters
- Interpretation disputes between departments or courts about whether the remaining ordinance can operate independently.
- Legal challenges that seek declaratory judgments or injunctions against enforcement.
- Amendments or repeals where legislators decide to rewrite rather than rely on severability.
Penalties & Enforcement
Severability clauses themselves do not create penalties; enforcement and fines derive from the substantive ordinance provision being applied. The municipal code sets offense categories and enforcement pathways, while Code Enforcement and City legal staff handle compliance and initial notices [2].
- Fine amounts: not specified on the cited page for severability clauses; fines depend on the specific ordinance section cited and are listed in each enforcement provision or fine schedule on the municipal code.
- Escalation: not specified on the cited page; many Shreveport enforcement provisions allow daily continuing fines or separate penalties for repeat offences as set in each section.
- Non-monetary sanctions: orders to abate, administrative compliance orders, liens, or court injunctions are available depending on the ordinance and enforcing department.
- Enforcer and inspection pathways: Code Enforcement and affected departments investigate complaints, issue notices, and refer cases to the City Attorney for prosecution or civil action; residents may file complaints through the City compliance portal or department contact page [2].
- Appeals and review: appeal routes and time limits depend on the ordinance; if an administrative order is issued an applicant may have a limited period to request an administrative hearing or to appeal to municipal court or district court, but specific time limits are set in each enforcement provision or not specified on the cited page.
- Defences and discretion: common defences include reasonable excuse, compliance within a cure period, or an issued permit/variance if authorized; discretion may be exercised by inspectors or the City Attorney depending on facts and applicable ordinance language.
Applications & Forms
No universal form is required solely for severability; challenges or compliance matters use the forms or filings tied to the substantive ordinance (for example permit applications, appeal forms for administrative orders, or court pleadings). If a specific municipal form applies to a cited ordinance section, it will be listed with that section of the municipal code or on the enforcing department page [1].
Action steps
- Identify the exact ordinance section cited and read its severability and penalty language in the municipal code [1].
- Contact Code Enforcement or the issuing department for clarification and available cure periods [2].
- If contesting enforcement, ask about the administrative appeal process and deadlines; consider prompt legal consultation if court review is likely.
FAQ
- What is a severability clause?
- A severability clause says that if part of an ordinance is invalid, the rest remains in effect unless the invalid part is central to the law.
- Does a severability clause stop enforcement?
- No; a severability clause does not stop enforcement of other valid provisions and does not by itself remove penalties tied to a separate provision.
- Who enforces ordinance compliance in Shreveport?
- Code Enforcement and relevant city departments investigate and issue notices; the City Attorney handles litigation and prosecutions.
How-To
- Locate the ordinance section number on your citation or notice and read the exact language in the municipal code [1].
- Check whether the ordinance contains a severability clause and whether the challenged provision can operate independently.
- Contact the enforcing department to request clarification, cure periods, or administrative appeal instructions [2].
- If you intend to challenge the provision, prepare administrative appeals within stated deadlines or consult an attorney to pursue judicial review.
Key Takeaways
- Severability limits the impact of an invalid provision so the rest of an ordinance can remain effective.
- Penalties and appeals depend on the specific ordinance section and enforcing department, not the severability clause itself.
Help and Support / Resources
- Shreveport Code of Ordinances - Municode
- City of Shreveport Code Compliance / Enforcement
- City Clerk - Ordinances and Records