Paterson Ordinances: Severability Clauses Guide

General Governance and Administration New Jersey 3 Minutes Read · published February 21, 2026 Flag of New Jersey

In Paterson, New Jersey, severability clauses help preserve remaining parts of an ordinance if one provision is held invalid. This guide explains where severability language typically appears in municipal ordinances, how courts and city departments treat partial invalidity, and practical steps for officials, attorneys, and residents to confirm the status of a specific ordinance in Paterson.

Severability keeps valid parts of a law enforceable even when one section fails legal review.

What a severability clause does

A severability clause states that if a court finds a portion of an ordinance invalid, the remainder remains in force unless the invalid part is essential to the ordinance's operation. Municipal codes often include a general severability provision in a chapter of general provisions or in each ordinance’s enactment clause. The City of Paterson publishes its code online for public review via the municipal code host and the City Clerk’s ordinance records Municipal Code - Paterson[1], the City Clerk’s ordinances page City Clerk - Ordinances[2], and the municipal Code Enforcement office for compliance queries Code Enforcement - Paterson[3].

Penalties & Enforcement

Severability clauses themselves do not impose penalties; penalties are set by each ordinance. Where the code or ordinance specifies fines or sanctions, those provisions govern enforcement. If a provision is severed, any penalty attached solely to that provision may not be enforceable while other penalties remain intact if separable.

  • Fines: specific amounts are not specified on the cited municipal code pages and must be read in the ordinance text cited for each violation.
  • Escalation: whether first, repeat, or continuing offence penalties apply is not specified on the cited page; consult the specific ordinance section for escalation language.
  • Non-monetary sanctions: remedies may include orders to comply, court actions, injunctive relief, or abatement; exact remedies depend on the ordinance text or enabling statute.
  • Enforcer: enforcement is typically performed by the City’s Code Enforcement office, municipal prosecutor, or designated department; use the official Code Enforcement contact for reporting and inspection requests.
  • Appeals & review: time limits for administrative appeals or court challenges are set by the ordinance or applicable state procedures and are not specified on the cited municipal pages.
If you face enforcement actions, preserve the ordinance text and seek prompt review of appeal deadlines.

Applications & Forms

No specific application or form is required to invoke a severability clause; severability is a legal construction applied by a court or by ordinance interpretation. For enforcement complaints, file via the City of Paterson Code Enforcement reporting procedures on the official department page cited above Code Enforcement - Paterson[3].

How severability affects enforcement and drafting

For drafters, clear separability language reduces litigation risk; for enforcers, severability can mean that only the invalid provision is set aside, preserving the balance of regulatory controls. When relying on an ordinance, confirm whether the code contains a standalone severability section or whether severability appears in the ordinance enactment language.

When in doubt, check the exact ordinance text and the municipal code’s general provisions before taking compliance action.

FAQ

What is a severability clause?
A severability clause states that if one part of an ordinance is invalid, the rest remains effective unless the invalid part is essential.
Where can I find Paterson ordinances and severability language?
Search the City of Paterson code and the City Clerk’s ordinance records; the municipal code host and City Clerk pages listed above contain ordinance texts and history Municipal Code - Paterson[1].
Can a severability clause prevent a court from striking down an entire ordinance?
Court decisions depend on whether the invalid provision is essential to the legislative scheme; severability language guides courts but does not guarantee preservation of all provisions.

How-To

  1. Locate the ordinance text in the City’s municipal code or the City Clerk’s ordinance records.
  2. Search the ordinance for the word “severability” or for a general provision in the code’s introductory sections.
  3. Contact Code Enforcement or the City Clerk to confirm enactment history and whether any court action has affected the provision.
  4. If needed, consult municipal counsel or retained legal counsel to evaluate effects on enforcement and appeal options.

Key Takeaways

  • Severability preserves valid portions of an ordinance when a court invalidates part of it.
  • Confirm severability language and enforcement provisions by reading the specific ordinance text.

Help and Support / Resources

  1. [1] Municipal Code - City of Paterson, Code of Ordinances
  2. [2] City Clerk - Ordinances (City of Paterson)
  3. [3] Code Enforcement - City of Paterson

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