Severability Clauses - Spokane Municipal Code

In Spokane, Washington, severability clauses determine whether a court or city can strike only a portion of an ordinance without invalidating the whole law. Understanding how severability interacts with municipal code language helps residents, businesses, and officials assess enforceability and plan for compliance. This guide explains typical severability language, how it affects code application, and what to do if you believe a provision is invalid under state or federal law. For the controlling text, consult the Spokane municipal code available online here^[1].

What a severability clause does

Severability clauses state that if one part of an ordinance is held invalid, other parts remain effective. They do not guarantee a court will preserve the remainder if the invalid portion is central to the law’s purpose; courts analyze legislative intent and whether the valid portions can operate independently.

How severability affects municipal code interpretation

• Courts consider whether the remaining provisions can function independently without the invalidated text.
• Legislative intent and the ordinance’s primary purpose are decisive in preserving or striking parts of an ordinance.
• Drafting clarity (separate sections, headings, and explicit severability language) increases the chance that valid provisions survive challenge.

Penalties & Enforcement

Severability clauses themselves do not impose penalties; they affect whether penalty provisions survive if another part of the ordinance is invalidated. Specific fines, escalation, and sanctions for violating a Spokane municipal ordinance are listed in the relevant code chapter or section or under the enforcing department’s rules. Where exact penalty amounts or escalation schemes are not stated on the cited page, this guide notes that fact and points to the controlling code.^[1]

• Fine amounts: not specified on the cited page for severability; check the specific ordinance chapter for dollar amounts.
• Escalation (first/repeat/continuing offences): not specified on the cited page; many Spokane code provisions set per-day continuing fines or graduated penalties in their enforcement sections.
• Non-monetary sanctions: orders to cease activity, abatement, permit suspension, or court injunctions are commonly authorized in enforcement sections of specific chapters.
• Enforcer and complaint pathways: enforcement is typically through the department identified in the ordinance (for example, Code Enforcement or Planning and Development Services); see the code or department pages for contact and complaint submission.
• Appeals and review: appeal routes and time limits (e.g., administrative appeal periods or civil appeal timelines) are set in the enforcement or judicial review sections of the applicable ordinance or code chapter; specifics are not specified on the severability page.
• Defences/discretion: common defenses include constitutional preemption, federal or state law conflicts, or a reasonable-excuse defense when provided by the ordinance or applicable statutes.

Applications & Forms

Severability itself requires no application or form. For enforcement, appeals, variances, or permits referenced in a surviving code provision, consult the specific chapter for forms and submission instructions; if a form is required it will be identified on the department page or the ordinance chapter—if none is published on the cited severability text, it is not specified on that page.^[1]

Action steps if you suspect a provision is invalid

• Identify the exact ordinance or code section cited in enforcement or notice.
• Contact the enforcing department for clarification of penalties, appeal steps, and timelines.
• If needed, file an administrative appeal or seek judicial review within the statutory time limit cited in the specific ordinance or state law.
• Obtain legal counsel to assess constitutional or preemption defenses when a provision appears to conflict with state or federal law.

FAQ

What happens if a court finds one part of an ordinance invalid?

The court may sever the invalid part and leave the remainder in force if the remaining provisions can operate independently and legislative intent supports severing; otherwise the entire ordinance could be invalidated.

Does every Spokane ordinance include a severability clause?

Not all ordinances include explicit severability language; absence of a clause does not prevent courts from severing, but an express clause supports severability. Check the specific ordinance text for language.

Who enforces municipal code provisions in Spokane?

Enforcement depends on the chapter: common enforcers include Code Enforcement, Planning and Development Services, and other designated departments; contact information is provided in the applicable code chapter or department pages.

How-To

1. Locate the exact Spokane municipal code section cited in any notice or enforcement document.
2. Contact the enforcing department to request clarification, forms, or the appeal procedure.
3. File any required administrative appeal or request for variance within the time limit stated in the ordinance or department guidance.
4. If necessary, pursue judicial review and present severability arguments focusing on legislative intent and functional independence of provisions.

Key Takeaways

• Severability clauses help preserve valid provisions but do not guarantee survival if invalid text is central.
• Always check the specific ordinance and contact the enforcing department for penalties, forms, and appeals.

Help and Support / Resources

• Spokane Municipal Code - Code of Ordinances
• City of Spokane Code Enforcement
• Planning and Development Services - City of Spokane

1. [1] City of Spokane Municipal Code - Code of Ordinances