Severability Clauses - New South Memphis Guide

General Governance and Administration Tennessee 4 Minutes Read · published February 08, 2026 Flag of Tennessee
Severability clauses help ensure that if one part of a municipal ordinance is invalidated, the rest can remain effective for New South Memphis, Tennessee. For neighborhood-level rules and city ordinances, the applicable text and enforcement pathways are set by the City of Memphis Code of Ordinances and by local enforcement offices; see the municipal code for specific ordinance language and context City of Memphis Code of Ordinances[1].

What is a severability clause?

A severability clause is a short provision commonly placed near the end of an ordinance stating that if any section, subsection, sentence, clause or phrase is declared invalid or unenforceable, the remaining parts continue in effect. It does not itself change substantive requirements or penalties; it governs legal construction only.

A severability clause preserves the enforceable parts of an ordinance when one provision is struck down.

How severability works in practice

When a court finds a specific provision unconstitutional or otherwise invalid, a severability clause guides whether the rest of the ordinance survives. Courts consider factors such as legislative intent and whether the remaining provisions can function independently.

Penalties & Enforcement

Severability clauses do not impose penalties by themselves; penalties arise from the substantive ordinance provisions and the enforcement authority designated in that ordinance. Where a city ordinance includes both substantive obligations and a severability clause, enforcement, fines, and non-monetary remedies are set elsewhere in the same ordinance or in the municipal code. For local enforcement contact and procedures, the City of Memphis Code Enforcement office is the primary municipal point of contact for many local code violations City of Memphis Code Enforcement[2]. For state-level procedural rules that may affect appeals and remedies, consult Tennessee law and court rules Tennessee Code[3].

  • Fine amounts: not specified on the cited page; fines for violating a particular ordinance are listed in that ordinance or related penalty schedules.
  • Escalation: first, repeat, or continuing offence escalation ranges are not specified on the cited page and depend on the ordinance text or municipal penalty provisions.
  • Non-monetary sanctions: common non-monetary remedies include compliance orders, abatement, permit suspension, and court injunctions; specific options depend on the ordinance.
  • Enforcer and complaints: typical enforcer is the City of Memphis Code Enforcement division; complaints and inspection requests are submitted via the official Code Enforcement contact page City of Memphis Code Enforcement[2].
  • Appeals and review: appeal routes can include administrative hearings, municipal court, or civil court actions; specific time limits are not specified on the cited pages and are governed by the ordinance and Tennessee procedure.
  • Defences and discretion: common defences include compliance with a permit, a reasonable excuse, or reliance on a variance; availability of these defences depends on the ordinance language.

Applications & Forms

No specific application or form is required to invoke a severability clause itself; severability is a legal construction within an ordinance. If you are responding to an enforcement action, forms for appeals, permit requests, or variances will be published by the enforcing department or by municipal court—none are specified on the cited pages for severability specifically.

Severability is a contractual or statutory drafting tool, not an application process.

Common violations that raise severability issues

  • Land-use or zoning provisions that conflict with state or federal law.
  • Building or construction mandates that exceed municipal authority.
  • Parking and traffic rules challenged on procedural or substantive grounds.
  • Regulatory requirements that are vague or lack enabling ordinance authority.

FAQ

What happens if one part of an ordinance is struck down?
The severability clause directs that the invalid provision be removed while the remainder stays in force unless the ordinance shows that the city would not have enacted the remaining parts alone.
Does a severability clause prevent appeals?
No. A severability clause does not prevent judicial review or appeals; affected parties may still challenge an ordinance or its enforcement through the available appeal routes or courts.
Who enforces local ordinances in New South Memphis?
Enforcement typically falls to City of Memphis departments such as Code Enforcement; contact details and complaint procedures are on the official Code Enforcement page City of Memphis Code Enforcement[2].

How-To

  1. Identify the ordinance number and read the full text in the City of Memphis Code of Ordinances to find any severability clause and the penalty provisions for the subject matter City of Memphis Code of Ordinances[1].
  2. Document the specific provision you believe is invalid and collect evidence or legal authority supporting the challenge.
  3. Contact the enforcing department (Code Enforcement) to request enforcement records, notices, or an administrative review City of Memphis Code Enforcement[2].
  4. If an administrative remedy is exhausted, consult the applicable court procedure and file a judicial challenge; check Tennessee procedural rules for deadlines and venue Tennessee Code[3].

Key Takeaways

  • Severability preserves valid parts of an ordinance when one part is invalidated.
  • Penalties are set by the substantive ordinance; contact Code Enforcement for enforcement procedures.

Help and Support / Resources

  1. [1] City of Memphis Code of Ordinances
  2. [2] City of Memphis Code Enforcement
  3. [3] Tennessee Code

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