What happens if one part of an ordinance is struck down?

If the ordinance includes a severability clause, the remaining provisions typically remain in effect unless the clause or legislative intent indicates otherwise.

Who enforces Madison ordinances?

Enforcement depends on the subject: Inspection Services, Building Inspection, Licensing, or the City Attorney may enforce different chapters; contact Inspection Services for code compliance processes.

Can I appeal an enforcement order?

Yes, most orders include appeal or review routes and time limits in the order or ordinance; if not specified on the ordinance page, the department's procedures will state the appeal method.

Severability & Code Effect - Madison Ordinances

General Governance and Administration Wisconsin 4 Minutes Read · published February 09, 2026

This guide explains how severability clauses and code-effect rules work under municipal law in Madison, Wisconsin. It shows where to find the governing ordinance language, how severability affects enforcement when parts of an ordinance are invalidated, who enforces local codes, and practical steps for property owners, attorneys, and residents who need to apply, appeal, or report violations.

What is a severability clause and code effect

A severability clause is language in a municipal ordinance that preserves the remainder of the ordinance if one provision is found invalid. Code-effect rules explain how ordinances interact with other laws and the legal effect when a court limits part of an ordinance. Municipal severability language varies by chapter and can affect whether an invalidated provision voids an entire ordinance or only the specific clause.

Check the municipal code chapter's general provisions to confirm the exact severability wording.

How severability works in practice

In Madison, severability typically appears in general provisions or at the end of a chapter. When a court strikes a provision, severability language guides whether the remaining provisions continue to apply. Absent clear severability language, courts may analyze legislative intent and whether the remaining provisions can function independently.

Key considerations for practitioners

Read the chapter's explicit severability clause before advising on enforcement or litigation.
Note cross-references: some operative provisions depend on definitions elsewhere in the code.
If part of an ordinance conflicts with state law, state preemption may control the outcome.

Penalties & Enforcement

Enforcement of Madison ordinances depends on the chapter and the designated enforcing office. Fines, civil remedies, and criminal penalties are specified in the ordinance chapter or in enforcement provisions linked to that chapter. If a severability clause preserves other provisions, enforcement proceeds against the preserved provisions as written.

Fine amounts: not specified on the cited page Madison Code of Ordinances^[1].
Escalation: first, repeat, and continuing offences are addressed in some chapters but amounts and schedules are not specified on the cited page Madison Code of Ordinances^[1].
Non-monetary sanctions: compliance orders, abatement orders, permit suspensions, and court injunctions are used depending on the chapter; specific remedies and procedures vary by provision and are not consolidated on the cited page Madison Code of Ordinances^[1].
Enforcers and inspection: Inspection Services and related city departments handle code compliance; see the Inspection Services contact and procedures for filing complaints City of Madison Inspection Services^[2].
Appeals and review: appeal routes and time limits are set in specific chapters or administrative rules; where not listed, the ordinance or administrative order will specify filing deadlines—if not, they are not specified on the cited pages Madison Code of Ordinances^[1].
Common defences and discretion: reasonable excuse, permits, variances, or retroactive compliance often operate as defences where authorized by ordinance or permit-process; specifics are chapter-dependent and not consolidated on the cited page Madison Code of Ordinances^[1].

Contact Inspection Services early to learn department-specific timelines and remedies.

Applications & Forms

Forms and application names and fees are published by the enforcing department or on the ordinance chapter that creates the permit or license. For building, zoning, and other regulated activities, consult the enforcement office's forms page; if a specific form is required but not published on the ordinance page, it will be posted by the relevant city department City of Madison Inspection Services^[2]. If no form is required, the ordinance or department procedures will state that fact on the department page.

Action steps

Read the specific ordinance chapter for severability language and enforcement provisions.
Contact Inspection Services or the enforcing department to request forms, timelines, or a compliance meeting City of Madison Inspection Services^[2].
If you receive an order or citation, note the appeal deadline and file the appeal with the office named in the order.
Document compliance steps and preserve records in case of subsequent litigation about severability or code effect.

FAQ

What happens if one part of an ordinance is struck down?: If the ordinance includes a severability clause, the remaining provisions typically remain in effect unless the clause or legislative intent indicates otherwise.
Who enforces Madison ordinances?: Enforcement depends on the subject: Inspection Services, Building Inspection, Licensing, or the City Attorney may enforce different chapters; contact Inspection Services for code compliance processes.
Can I appeal an enforcement order?: Yes, most orders include appeal or review routes and time limits in the order or ordinance; if not specified on the ordinance page, the department's procedures will state the appeal method.

How-To

Identify the ordinance chapter and read the severability clause and enforcement provisions.
Contact the enforcing department to request applicable forms and confirm deadlines.
If issued an order, follow the order's instructions and file any appeal within the stated time limit.
Preserve records and consider legal counsel if the order raises questions about severability or preemption.

Key Takeaways

Severability clauses preserve functioning parts of ordinances when a provision is invalidated.
Enforcement and penalties vary by chapter; consult the ordinance and the enforcing department.