What is a severability clause?

A severability clause states that if part of an ordinance is declared invalid, the remainder remains effective unless the valid provisions are inseparable from the invalid portion.

Does a severability clause change penalties?

No; the clause does not set penalties. Penalties are set by enforcement or penalty provisions elsewhere in the municipal code or by statute and may be not specified on the cited municipal code page.

How do I challenge an ordinance provision?

Challenges are typically made in municipal court or by filing the appropriate administrative appeal; consult the City Clerk or municipal court for procedures and deadlines.

Oklahoma City Severability Clauses - Municipal Code

General Governance and Administration Oklahoma 3 Minutes Read · published February 07, 2026

Severability clauses determine whether parts of an ordinance remain effective if other parts are invalidated. In Oklahoma City, Oklahoma these clauses appear in the citys ordinance framework as reflected in the municipal code and city clerk resources; consult the official code and city clerk pages for the controlling text Municipal Code (Oklahoma City)^[1] and the City Clerks municipal-code page City Clerk Municipal Code^[2]. When a severability clause is present, courts and administrative bodies decide whether remaining provisions can stand.

Severability preserves valid parts of ordinances when courts strike portions.

How severability works in practice

A severability clause typically states that if one provision is found invalid, the rest of the ordinance remains in force. The clause itself does not impose penalties; enforcement and penalties are governed by separate enforcement provisions elsewhere in the municipal code or by applicable statutes. For the official wording and placement, review the municipal code and City Clerk references above; where the municipal code does not show enforcement amounts or timelines explicitly, note that such numeric penalties are often located in distinct penalty or enforcement sections of the code and may be "not specified on the cited page." current as of February 2026.

Penalties & Enforcement

Severability clauses are remedial and interpretive and do not set fines. Enforcement of ordinance violations, including any fines, civil penalties, abatement orders, or criminal charges, is handled under separate code sections and enforcement procedures.

Monetary fines: the severability clause itself lists no fines; specific fine amounts are set in enforcement or penalty sections and are not specified on the cited municipal code page.^[1]
Escalation: first, repeat, and continuing offences are governed by enforcement provisions; ranges or mandatory escalations are not specified on the cited page.^[1]
Non-monetary sanctions: common tools include administrative abatement orders, injunctions, permit suspensions, or referral to municipal court.
Enforcer and complaints: code enforcement units, the City Attorneys office, and municipal court typically handle enforcement; file complaints or requests for enforcement via the City Clerk or the designated code enforcement contact on the city website.^[2]
Appeals and review: appeals from administrative orders generally proceed to municipal court or to administrative review as provided by the ordinance or related procedures; exact time limits for appeal are set in the applicable enforcement or court rules and may be not specified on the cited page.
Defences and discretion: defenses can include compliance with permits, timeliness, constitutional objections, or showing that remaining provisions cannot operate independently.

Severability affects legal effect, not penalties; enforcement follows separate code sections.

Applications & Forms

No specific application or form is required to invoke a severability clause; severability is applied by courts or officials during interpretation of an ordinance. For formal complaints, enforcement requests, or appeals consult the City Clerk or Code Enforcement submission pages cited below.

FAQ

What is a severability clause?: A severability clause states that if part of an ordinance is declared invalid, the remainder remains effective unless the valid provisions are inseparable from the invalid portion.
Does a severability clause change penalties?: No; the clause does not set penalties. Penalties are set by enforcement or penalty provisions elsewhere in the municipal code or by statute and may be not specified on the cited municipal code page.
How do I challenge an ordinance provision?: Challenges are typically made in municipal court or by filing the appropriate administrative appeal; consult the City Clerk or municipal court for procedures and deadlines.

How-To

Find the ordinance text in the official municipal code online and look for a section titled "Severability," "Savings Clause," or similar.
Identify enforcement and penalty sections referenced by the ordinance to learn applicable fines or orders.
File an enforcement request or complaint with the City Clerk or Code Enforcement if you believe an ordinance violation has occurred.
If challenging validity, seek legal counsel and prepare for judicial or administrative proceedings as required by local rules.

Key Takeaways

Severability preserves valid ordinance provisions when other parts are invalid.
Penalties are set elsewhere; check enforcement sections for fines and appeal timelines.
Use City Clerk and Code Enforcement channels for complaints, and municipal court for appeals.