Severability Clauses - St. Louis Municipal Law
In St. Louis, Missouri, a severability clause explains what happens if one part of an ordinance is held invalid while the rest remains in force. Municipal severability language is a standard drafting tool to protect the remainder of a law from invalidation, and it functions within the City of St. Louis legal framework and the municipal code. For local reference, consult the city code and enacted ordinances to see how severability is incorporated into particular provisions Code of Ordinances[1] and the city laws portal City Laws and Ordinances[2].
Purpose and Effect
Severability clauses state that if one clause, sentence, paragraph, section or provision of an ordinance is declared unconstitutional, invalid, or unenforceable by a court, the remainder of the ordinance remains effective. In practice, severability does not alter judicial review; courts still evaluate whether the remaining provisions can operate independently. Where the ordinance contains no severability clause, courts may still apply severability principles when the valid portion is separable and the legislative intent supports continued operation.
Penalties & Enforcement
Severability clauses themselves do not create penalties. Penalties and enforcement depend on the specific ordinance provision that is challenged or invalidated. Where an ordinance includes fines or remedial orders, those sanctions remain enforceable for provisions that survive severance; where a provision imposing a penalty is invalidated, sanctions tied exclusively to that provision will not apply.
- Fine amounts and schedules for specific violations: not specified on the cited page; consult the individual ordinance text for monetary amounts and statutory citations[1].
- Escalation (first, repeat, continuing offences): not specified on the cited page; see the applicable ordinance or code chapter for ranges and repeat-offender language[1].
- Non-monetary sanctions (orders, injunctions, suspension, seizure, abatement): typically defined in the enforcing ordinance or department regulations; check the specific code section[1].
- Enforcer and inspection pathways: enforcing departments vary by subject (e.g., Building Division, Public Safety, Parking Enforcement); report complaints through the city online complaint/ordinance pages or department contacts listed on official sites[2].
- Appeal and review routes: appeals are governed by the ordinance, administrative rules, or state procedures; specific time limits for appeals are not specified on the cited page and must be taken from the controlling ordinance or administrative rule[1].
Applications & Forms
No universal city form is required specifically to invoke severability. Challenges, appeals, or enforcement actions follow the procedural filings for the underlying ordinance or for administrative appeals in the enforcing department; relevant forms and filing instructions are listed with each department or on the ordinance page. For where to file complaints or appeals, consult the enforcing department's webpages and the city laws portal[2].
How courts treat severability in St. Louis ordinances
Courts consider legislative intent, the independence of the remaining provisions, and whether the law can function as intended without the invalid part. If severing the invalid language would frustrate the legislature's intent, a court may invalidate the whole ordinance even when a severability clause is present. For precise precedent or local decisions, review case law pertaining to Missouri municipal ordinances and consult city ordinance history on the city laws portal[2].
Common Violations and Practical Impact
- Regulatory overreach or vague standards leading to judicial invalidation, which may remove associated fines: penalty consequences depend on the ordinance language and are not specified on the cited page[1].
- Permitting or zoning provisions struck down may require administrative correction or new legislative action to restore regulatory authority.
- Criminal or civil sanctions tied to an invalidated section will not survive if the sanction depends solely on the removed language.
FAQ
- What is a severability clause?
- A severability clause is wording in an ordinance stating that if part of the law is held invalid, the remaining parts remain effective unless the legislature's intent indicates otherwise.
- Can a court ignore a severability clause?
- Yes. Courts may invalidate the whole ordinance if the remaining parts are not separable or if severance frustrates legislative intent.
- Where do I find the severability language for a St. Louis ordinance?
- Check the specific ordinance text in the City of St. Louis code or the city laws portal; not all ordinances use identical severability language and some rely on general code provisions[1][2].
How-To
- Identify the challenged provision and the specific ordinance citation.
- Gather the ordinance text, legislative history, and any administrative rules that apply.
- Contact the enforcing department to confirm administrative appeal steps or file a complaint; use the department contact pages listed on the city website.
- If pursuing judicial review, consult an attorney promptly to ensure compliance with statute of limitations and local filing requirements.
Key Takeaways
- Severability clauses aim to preserve valid parts of an ordinance if some parts are invalidated.
- Penalties remain tied to surviving provisions; specific fines are found in the individual ordinance text.
- Report enforcement issues or seek administrative appeals through the enforcing department listed on official city pages.
Help and Support / Resources
- Code of Ordinances - City of St. Louis
- Building Division - Code Enforcement
- Planning and Urban Design Agency