What happens when a court finds part of a Memphis ordinance invalid?

The court will decide whether the invalid part can be severed so the remainder stays in effect; outcomes depend on the ordinance text and legislative intent.

Does every ordinance include a severability clause?

No. Some ordinances include explicit severability language; others do not, and courts then apply statutory and case-law tests.

Who enforces surviving provisions after partial invalidation?

Enforcement is handled by the relevant city department and the City Attorney; Code Enforcement is the usual point of contact for municipal violations.

Severability Clauses in Memphis City Law

General Governance and Administration Tennessee 3 Minutes Read · published February 08, 2026

In Memphis, Tennessee, severability clauses in city ordinances tell courts and officials what to do if part of a law is found invalid. This guide explains how severability language works, who enforces municipal rules, and practical steps for preservation or challenge under Memphis procedures. It summarizes where severability clauses typically appear in the city code, how judges treat partial invalidation, and what actions citizens, businesses, and officials can take to respond when an ordinance or provision is contested.

What is a severability clause?

A severability clause is a provision inside an ordinance stating that if one section or provision is held invalid, the remainder remains effective. These clauses help preserve the enforceable parts of a bylaw without re-adopting the whole ordinance. Severability language varies by ordinance and may be explicit or absent in a given municipal text.^[1]

Severability clauses do not guarantee that courts will save every remaining provision.

How courts apply severability in Memphis

In practice, Tennessee courts evaluate severability by looking at the legislative intent and whether the remaining provisions can operate independently. Where the ordinance contains clear severability language, courts are likelier to preserve valid parts; absent such language, courts consider whether the invalid portion is central to the legislative purpose. Challenges to ordinances are handled in state court, and the City of Memphis code provides the enacted text that courts interpret.^[1]

Penalties & Enforcement

Severability clauses themselves do not usually set penalties. Enforcement and penalties for violating an ordinance are set elsewhere in the code or the specific ordinance text. If an ordinance is partly invalidated, penalties tied only to the invalid portion may not be enforceable; penalties for surviving provisions remain subject to the ordinance language and applicable Tennessee law.

Fines: not specified on the cited page; check the specific ordinance for amounts and ranges.^[1]
Escalation: first, repeat, or continuing-offence structures are set by each ordinance or state statute and are not specified on the cited page.^[1]
Non-monetary sanctions: civil orders, injunctions, abatement, permit suspension or revocation, and court-ordered remedies may be used to enforce remaining provisions.
Enforcer: Code Enforcement and the City Attorney typically handle municipal enforcement and litigation; complaints and inspection requests may be submitted to the City of Memphis code enforcement office.^[3]
Appeals & review: appeal routes and time limits depend on the ordinance and Tennessee procedure; specific appeal periods are not specified on the cited code page.^[1]
Defences and discretion: common defenses include lack of jurisdiction, constitutional challenge, or that the challenged provision is severable; permits, variances, or emergency exceptions may also affect enforcement.

If an ordinance is partly invalid, seek the official ordinance text and legal advice promptly.

Applications & Forms

There is generally no universal "severability" form; actions to challenge or seek relief (permits, variances, appeals) follow procedures specific to the ordinance or department. The city code publisher lists ordinances and does not publish a standard severability application.^[1]

No single application covers severability claims; remedies are sought through court filings or department-specific appeals.

Action steps

Locate the ordinance text in the official municipal code and note any severability clause.^[1]
Contact Code Enforcement or the City Attorney to report compliance issues or request enforcement guidance.^[3]
If you plan to challenge an ordinance, consult counsel and prepare filings in the appropriate Tennessee court; City Council staff can provide records about passage and amendments.^[2]

FAQ

What happens when a court finds part of a Memphis ordinance invalid?: The court will decide whether the invalid part can be severed so the remainder stays in effect; outcomes depend on the ordinance text and legislative intent.^[1]
Does every ordinance include a severability clause?: No. Some ordinances include explicit severability language; others do not, and courts then apply statutory and case-law tests.^[1]
Who enforces surviving provisions after partial invalidation?: Enforcement is handled by the relevant city department and the City Attorney; Code Enforcement is the usual point of contact for municipal violations.^[3]

How-To

Find the ordinance in the official municipal code and read any severability language.^[1]
Gather evidence and administrative records about enforcement, violations, and legislative history.
Contact the enforcing department or City Attorney for clarification or to file an administrative appeal.^[3]
If needed, consult an attorney and prepare court filings to seek declaratory relief or injunctive relief in Tennessee courts.

Key Takeaways

Severability clauses increase the chances that valid parts of an ordinance survive judicial review.
Penalties and appeal periods are set by each ordinance; the municipal code does not list universal fines for severability issues.^[1]