Severability Clauses in Sioux Falls City Code
In Sioux Falls, South Dakota, severability clauses are a standard municipal tool that preserves the rest of a code or ordinance when a specific provision is held invalid by a court. Municipal severability language appears in the city code and helps ensure that one struck provision does not automatically void an entire ordinance or chapter. For authoritative text, consult the official Sioux Falls Code of Ordinances.Sioux Falls Code of Ordinances[1]
What a severability clause does
A severability clause states that if any section, subsection, sentence, clause, or phrase of an ordinance is held invalid, the remainder shall continue in full force and effect. In practice this means courts will attempt to preserve the lawful portions of local law whenever possible, rather than voiding complete chapters for a single defect.
How courts evaluate severability
Court review focuses on legislative intent and whether the remaining provisions can operate independently. If the invalid part is essential to the ordinance’s basic purpose, a court may find the whole measure inseparable. Otherwise, the surviving provisions remain enforceable.
Penalties & Enforcement
Severability clauses themselves do not create penalties; rather, penalties appear in the substantive ordinance provisions. Specific fines, escalation, and non-monetary sanctions depend on the particular chapter of the Sioux Falls Code that imposes the requirement. Where the municipal code sets penalties it lists the amounts and enforcement mechanisms on the governing section; if a specific penalty for a severability-related outcome is not stated, it is not specified on the cited page.City Attorney and enforcement contacts[2]
Typical enforcement elements
- Monetary fines: amounts vary by chapter; see the specific ordinance for dollar amounts or note "not specified on the cited page" where absent.
- Escalation: many code sections specify higher penalties for repeat or continuing violations; where a section does not list escalation, it is not specified on the cited page.
- Non-monetary sanctions: orders to abate, injunctions, permit suspensions, or court actions are common enforcement tools.
- Enforcer: enforcement may be carried out by Code Enforcement, Inspection Services, or the City Attorney’s office depending on the subject matter.
- Appeals: appeal routes and time limits depend on the ordinance and state law; if the municipal provision does not specify a time limit, it is not specified on the cited page.
Applications & Forms
Most severability issues arise in litigation rather than by permit application; there is typically no standalone municipal "severability" form. For procedural matters (appeals, variances, or permits) consult the relevant departmental forms listed on the city site or the specific ordinance section; if no form is published for a severability action, it is not specified on the cited page.
How severability affects challenges and remedies
When challenging an ordinance provision, attorneys commonly seek declaratory relief or an injunction. If a court rules a provision invalid, parties and the city rely on the severability clause to determine which remaining rules continue to apply. The City Attorney’s office can advise on municipal procedure and post-ruling implementation.[2]
FAQ
- What is a severability clause?
- A severability clause declares that if part of an ordinance is held invalid, the rest remains effective.
- Does severability change penalties?
- No; severability does not itself alter penalties, which are set by the substantive ordinance provisions.
- Who enforces surviving provisions after a court ruling?
- Code Enforcement, Inspection Services, or the City Attorney’s office typically enforce remaining provisions depending on subject matter and authority.
How-To
How to respond when an ordinance provision is invalidated or you need to request a review:
- Identify the governing ordinance chapter and read its severability language and penalty clauses.
- Collect the controlling documents: ordinance text, enforcement notices, and any permit or citation related to the issue.
- Contact the City Attorney or the relevant department to confirm enforcement position and appeal windows.
- If necessary, file a declaratory judgment or administrative appeal within the time limits specified by the ordinance or state law.
- Consider legislative remedies: request that the city council amend or clarify the ordinance to address any invalidated provision.
Key Takeaways
- Severability preserves valid parts of ordinances when a court removes an invalid provision.
- Enforcement depends on the subject-specific chapter and the responsible city department.
- For precise language and penalties, consult the official Sioux Falls Code of Ordinances and departmental guidance.
Help and Support / Resources
- City Clerk - Ordinances and Records
- Community Development - Code Enforcement
- Community Development - Planning & Building
- Sioux Falls Code of Ordinances (Municode)