Severability Clauses in Saint Paul Municipal Code

General Governance and Administration Minnesota 3 Minutes Read · published February 09, 2026 Flag of Minnesota

Severability clauses help preserve the remainder of a municipal code if one provision is held invalid. In Saint Paul, Minnesota, the city code contains a general severability provision; see the official code for the controlling language and placement. Official code[1]

What a severability clause does

A severability clause states that if a specific section of an ordinance or code is found unconstitutional, illegal, or otherwise invalid, the remainder of the ordinance remains in effect unless the invalid portion is essential to the law’s function. This protects the enforceability of the rest of the municipal code.

Severability preserves policy goals even if one clause is stricken.

How courts and city officials apply severability

Application depends on statutory language, legislative intent, and whether the remaining provisions function independently. Courts consider whether the city would have passed the ordinance without the invalid provision and whether the remaining sections are operationally separable.

Penalties & Enforcement

Severability clauses themselves do not create penalties; they affect the continued enforceability of other provisions. Specific fines, penalties, or sanctions for violating a given ordinance are set in the individual code sections governing that subject. Where the code text or enforcement rules do not state fines or procedures on the cited page, the entry is noted as not specified.

  • Fines: not specified on the cited page for the general severability provision; see the controlling ordinance or chapter for subject-specific fines.[1]
  • Escalation: first, repeat, and continuing-offence ranges are set in the code sections for the specific violation and are not specified within the severability clause itself.[1]
  • Non-monetary sanctions: orders to cease activity, abatement, license suspensions, or court injunctive relief may apply under the subject provision rather than the severability clause; consult the applicable chapter.
  • Enforcer and complaint pathway: enforcement of code provisions is handled by the City of Saint Paul Department of Safety and Inspections; official contact and complaint procedures are available on the department site. Safety and Inspections[2]
  • Appeals and review: appeal routes for enforcement actions (administrative review or judicial appeal) are determined by the specific code chapter or enforcement rule; if the code page does not state time limits, it is not specified on the cited page. For city legal questions, contact the City Attorney. City Attorney[3]
  • Defences and discretion: common defences include permits, variances, or demonstrated reasonable compliance efforts; availability of these options depends on the subject code section and any administrative rules.
A severability clause does not substitute for subject-specific procedural or penalty provisions.

Applications & Forms

Many enforcement, permit, and appeal processes require forms or applications published by the responsible department. For enforcement actions arising from a subject ordinance, consult the specific chapter or the Department of Safety and Inspections for applicable forms and submission instructions.[2]

If no form is published, the department will provide filing instructions on request.

FAQ

What does a severability clause mean for residents?
If a part of an ordinance is invalidated, the rest usually stays in force, so most city rules remain applicable unless the invalid portion is essential.
Where can I find the exact severability language in Saint Paul’s code?
See the City of Saint Paul Code of Ordinances on the official municipal code site for the precise clause and placement. Code of Ordinances[1]
How do I report a suspected invalid or unenforceable ordinance provision?
Report enforcement or interpretation concerns to the Department of Safety and Inspections, which can advise on enforcement steps and forms. DSI contact[2]

How-To

  1. Identify the ordinance section at issue and note the chapter and section citation from the City of Saint Paul Code of Ordinances.
  2. Contact the Department of Safety and Inspections to confirm enforcement procedures and any required forms. DSI
  3. If enforcement action is taken, follow administrative appeal procedures in the applicable code chapter or consult the City Attorney for legal guidance.

Key Takeaways

  • Severability preserves the remainder of the code when one part is invalidated.
  • Penalties are set in subject-specific sections, not in the severability clause itself.

Help and Support / Resources

  1. [1] City of Saint Paul Code of Ordinances - Municode
  2. [2] City of Saint Paul Department of Safety and Inspections
  3. [3] City of Saint Paul City Attorney

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