Lansing Charter Severability & City Law Guide
This guide explains how separation and severability clauses operate under Lansing, Michigan municipal law, why they matter for ordinances and the city charter, and where to find the controlling texts and procedures in Lansing.
What is severability in a city charter or ordinance?
Severability is the provision that if one part of a charter or ordinance is held invalid by a court, the remaining provisions stay effective unless the invalid part is inseparable from the rest. For Lansing, severability language typically appears in the City Charter and in individual ordinances; the controlling texts and any recent amendments are maintained by official municipal publishers and the City Clerk for Lansing.[1]
How severability works in practice
- Ordinance drafting: drafters include a severability clause so that enforcement of the whole ordinance does not fail if one provision is invalidated.
- Judicial review: courts examine legislative intent and whether remaining provisions can operate independently.
- Charter amendments: severability language in the City Charter guides treatment of conflicting or invalid provisions.
When severability may not save a law
Severability will not preserve an ordinance or charter provision when the invalid portion is essential to the legislative scheme or when removing it frustrates legislative purpose. Whether a provision is essential is assessed case-by-case under applicable state and federal constitutional law; the City Attorney and courts make the final determination for Lansing ordinances and charter provisions.[2]
Penalties & Enforcement
Severability itself does not create penalties. Penalties for violating an ordinance depend on the specific ordinance or charter provision. When a provision is severed, enforcement typically continues against the remaining valid provisions as written in those instruments.
Summary of enforcement elements for Lansing municipal provisions:
- Fines: amounts are set in each ordinance or statutory provision; where amounts or scales are not listed on the cited pages, they are noted below as "not specified on the cited page."
- Escalation: first, repeat, and continuing offence rules are ordinance-specific and may include daily continuing fines; if not published on the controlling page, this is "not specified on the cited page."
- Non-monetary sanctions: injunctions, abatement orders, permit suspensions, restoration orders, or seizure of property (when authorized by ordinance or court order).
- Enforcer: Code Compliance, the City Attorney, or designated department depending on subject matter; complaints and inspections are handled through official City of Lansing compliance channels.[3]
- Appeal routes: civil appeal to district or circuit court, or administrative appeal where ordinance establishes an administrative hearing; statutory time limits for appeals are set by the ordinance or applicable court rules and are "not specified on the cited page."
- Defences and discretion: common defences include permitting, lawful authority, or reasonable excuse; officials often retain discretion to issue notices or use corrective orders instead of immediate fines.
Applications & Forms
- Specific permits, forms, or applications depend on the subject ordinance; where no form is published on the cited page, state "not specified on the cited page."
Action steps for residents and officials
- Locate the controlling ordinance or charter provision via the municipal code or the City Clerk.
- For questions about enforcement or appeals, contact the City Attorney or Code Compliance.
- If facing enforcement, review the ordinance text to confirm penalties, escalation, and any administrative appeal process; where specifics are absent on the cited page, they are "not specified on the cited page."
FAQ
- What happens if one section of a Lansing ordinance is declared invalid?
- If severability applies, the invalid section is removed and the remainder stays in force unless inseparable; check the specific ordinance and City Charter language for guidance.
- Who enforces Lansing ordinances affected by severability?
- Enforcement typically falls to Code Compliance, the City Attorney, or a designated department depending on the subject matter.
- Can a severability clause be challenged?
- Yes; courts decide whether a severability clause preserves the remaining law based on intent and operability.
How-To
- Identify the specific charter provision or ordinance text governing the subject.
- Review the severability clause in that text to see explicit instructions.
- Contact the City Attorney or City Clerk for official guidance and copies of any administrative rules.
- If enforcement action is taken, follow the ordinance's appeal process or consult counsel for judicial review.
Key Takeaways
- Severability preserves valid provisions when one part is invalid, subject to courts' assessment of legislative intent.
- Enforcement and penalties are ordinance-specific; always consult the controlling text and City legal staff.