300
- Ordinances and Resolutions
A. County Code Chapter
Additions
Example A demonstrates how to add a
chapter to the County Code:
ORDINANCE ADDING CHAPTER
(no.) TO THE
SANTA CRUZ COUNTY CODE
RELATIVE TO (subject matter)
____________________________________________
The Board of Supervisors of the County
of Santa Cruz do ordain as follows:
SECTION I
Title 9 of the Santa
Cruz County Code is hereby amended by adding Chapter 9.01 thereto, said new
Chapter to read: (numbers and titles
are examples only)
CHAPTER 9.01
TITLE OF NEW
CHAPTER
Sections:
9.01.010 Purpose These are titles to the
9.01.020 Definitions sections
and must be out-
9.01.030 _______________ lined at the beginning of the new
chapter.
9.01.010 PURPOSE.
Sections always start at the margin and the caption of the section is
underlined and capitalized.
9.01.020 DEFINITIONS.
The body of the section follows on the same line unless the section starts with
a subsection (a). The second line of a section always returns to the margin.
(a) Subsection
1. Paragraph
(i) Subparagraph
9.01.020
__________________. The entire chapter
follows in this order under SECTION I of the new ordinance. The new chapter is never broken down into
more than one ordinance section.
B. County Code Section
Additions
Example B demonstrates how to add a
section to a chapter of the County Code:
ORDINANCE AMENDING CHAPTER
NO. (17.04)
OF THE
SANTA CRUZ COUNTY CODE BY ADDING SECTION (17.04.081) ENTITLED (1981 GROWTH
RATES) (Numbers and Titles are
examples only)
The Board of Supervisors of the County of
Santa Cruz do ordain as follows:
SECTION I
Chapter 17.04 of the
Santa Cruz County Code is hereby amended by adding Section 17.04.081 thereto,
said new section to read as follows:
17.04.081 - 1981 GROWTH RATES.
-------------------------------------
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C. County Code Amending Procedures
Example C demonstrates how to amend a
section, subsection, paragraph or
Subparagraph of a chapter of the Santa
Cruz County Code:
ORDINANCE AMENDING SECTIONS
12.050.030 et seq. OF THE SANTA CRUZ COUNTY CODE RELATING TO (subject matter of
section)
________________________________
The Board of Supervisors of the County
of Santa Cruz do ordain as follows:
SECTION I
Section 12.05.030 of the Santa Cruz County Code is hereby amended to read:
12.05.030 TITLE OF SECTION IN CAPITAL
LETTERS.--------------------------
-----------------------------------------------------------------------
It is important to
remember that even if only part of a section is being amended, all of the
section must be retyped. If any parts
are omitted in the ordinance, they will be deleted from the section in the
County Code.
SECTION II
Subsection (a) of Section 14.15.020 of
the Santa Cruz County Code is hereby amended to read:
(a) Subsections may have
a title. If so, capitalize the first letter of each word and underline. Subsections are identified by small letters
of the alphabet with parenthesis around them. They are always indented two (2)
spaces from the margin and any additional lines must return to the new indented
margin as shown.
Note that if you want to amend a subsection such as (a), (b)
or (c), you can refer to that subsection only and do not have to retype the
entire section.
SECTION III
Paragraph 2 of
Subsection (c) of Section 14.15.060 of the Santa Cruz County Code is hereby
amended to read:
2.The numbers after the subsections are referred to as
paragraphs. Please note that these numbers do not have parenthesis around them.
Paragraphs are indented four (4) spaces from the margin and additional lines
are brought back to the margin of the number as shown. You need not type the section or the
subsection to amend a numbered paragraph. You only need refer to them in the
introduction sentence. (See above)
Subparagraph (ii) of Paragraph 1 of Subsection (b) of Section
8.60.040 of the Santa Cruz County Code is hereby amended to read:
(ii) These small letters are called subparagraphs. They
always have parenthesis around them. You must indent six (6) spaces to amend a
"subparagraph" and you need not type what precedes it.
D. Repeal of County Code
Example D demonstrates how to repeal a
chapter or section, subsection, paragraph or subparagraph.
ORDINANCE
REPEALING (CHAPTER 13.04) SECTION 13.04.322(f) 5 TO ELIMINATE (subject matter
of chapter or section, subsection, paragraph of subparagraph)
The Board of Supervisors of the County
of Santa Cruz do ordain as follows:
SECTION I
Paragraph 5 of
Subsection (f) of Section 13.04.322 of the Santa Cruz County Code is hereby
repealed.
OR
Subsection (f) of
Section 13.04.322 of the Santa Cruz County Code is hereby repealed.
OR
Section 13.04.322 of the Santa Cruz
County Code is hereby repealed.
OR
Chapter 13.04 of the Santa Cruz County
Code is hereby repealed.
As you note above, you can repeal a whole chapter, section,
subsection, paragraph or sub paragraph depending on how you word the title of
the ordinance and how you word the sentence. Be sure you put the subject matter
in the title so the reader knows immediately the intent of the repeal.
E. Amending an Ordinance
Example E demonstrates how to amend an
ordinance, rather than the County Code.
ORDINANCE AMENDING ORDINANCE NO.
RELATIVE TO (subject matter)
This ordinance should be treated the same as though you were
amending a chapter or section of the Code. The only reason you would word the
title this way is if the particular ORDINANCE stands alone and does not amend
the County Code. If an ordinance to be amended amends the code, but 30 days
have not elapsed since its adoption, you can amend the ordinance itself which amended the code.
F. Ending an ordinance
The example below demonstrates how to
properly end an ordinance.
SECTION IV
(example only)
This ordinance shall take effect 31 days
after final passage. *
PASSED AND ADOPTED this __ day of , 19__, by the Board of
Supervisors of the County of Santa Cruz
by the following vote:
AYES:
SUPERVISORS
NOES:
SUPERVISORS
ABSENT: SUPERVISORS
ABSTAIN: SUPERVISORS
Chairperson of the Board of Supervisors
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
County Counsel
DISTRIBUTION: County
Counsel (always)
Interested
departments
Interested
governmental agencies
Interested
private organizations
smr (initials of person
typing ordinance)
* There is an emergency clause
(paragraph) that can be inserted here which allows the Ordinance to take effect
as soon as it is adopted. (See Section G) Please check with County Counsel as
to appropriate use of this clause.
G. Emergency Ordinance
Example G
demonstrates the appropriate wording of the Emergency Ordinance clause:
SECTION V
(example only)
This ordinance shall take
effect immediately for the preservation of the public peace, health and
safety. The facts constituting the
urgency are as follows:
(set out the facts)
PASSED AND ADOPTED
this day of 200 by the Board of
Supervisors of the County of Santa Cruz by the following vote:
*AYES: SUPERVISORS
NOES: SUPERVISORS
ABSENT: SUPERVISORS
ABSTAIN: SUPERVISORS
*Four aye votes
required.
Note: Please check with
County Counsel as to appropriate use of this clause.
H. Resolution Format
BEFORE
THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA
RESOLUTION NO.
On
the motion of Supervisor duly seconded by Supervisor the following Resolution is adopted:
RESOLUTION ESTABLISHING OR AMENDING OR REQUESTING OR TERMINATING OR
INTENDING (subject matter of
resolution)
WHEREAS, (background
information as to the reasons for the resolution would go into this paragraph); and
WHEREAS, (additional paragraphs would follow containing more
facts and figures to support the need for the adoption of the resolution)
NOW, THERE FORE, BE IT RESOLVED AND ORDERED that (the body of
the resolution would follow here)
BE IT FURTHER
RESOLVED AND ORDERED that (additional parts of the resolution would be
contained in second and following paragraphs)
.
PASSED AND ADOPTED by
the Board of Supervisors of the County of Santa Cruz, State of California,
this day of, 200 , by
the following vote:
AYES:
SUPERVISORS
NOES:
SUPERVISORS
ABSENT: SUPERVISORS
ABSTAIN: SUPERVISORS
Chairperson of the Board of Supervisors
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
County Counsel
DISTRIBUTION: County Counsel (always)
Interested departments
Interested governmental
agencies
Interested private
organizations
smr (initials of person
typing resolution)
I. Preparation of Summary of Ordinance
Whenever an ordinance is being drafted by a department, a
summary of the ordinance should also be prepared and submitted concurrently for
approval as to form by County Counsel. A summary will not be necessary if the
ordinance is very short--less than one typewritten page of text.
Both the ordinance and its summary should be included in
the agenda packet material submitted
for approval by the Board of Supervisors.
a.
Ordinances Requiring a Noticed Public Hearing Under State Law.
For ordinances
requiring published notice of a public hearing, the summary of the ordinance
should be incorporated in the published
notice. See Exhibit A, to be
prepared by departments.
b.
Ordinances Not Requiring a Noticed Public Hearing Under State Law.
Upon introduction and approval in concept of an
ordinance not requiring a noticed public hearing, the Chief Deputy Clerk shall
immediately publish the summary of the ordinance in a newspaper of general
circulation. Two weeks later, the ordinance shall return to the Board for final
adoption.
After adoption, the summary of the ordinance shall be
published again within 10 days. See
Exhibit B, which will be prepared by the Clerk.
The summary should be
brief and provide a fair and adequate description of the ordinance. Samples of public notices are attached.
SAMPLE ONLY
EXHIBIT
"A"
NOTICE OF PUBLIC HEARING
Notice
is hereby given that the Board of Supervisors of the County of Santa Cruz at
its regularly scheduled meeting on July 13, 1990 at 9:30 A.M., at the Board
Chambers, 701 Ocean Street, Santa Cruz, California, will consider adoption of
an Ordinance prohibiting smoking in public areas of County buildings and
facilities. Copies of the full text of this Ordinance are available for public
inspection at the Office of the Clerk of the Board, Room 500, Governmental
Center Building, 701 Ocean Street, Santa Cruz, California 95060.
SUSAN M. ROZARIO
CHIEF DEPUTY CLERK
BY: Suzy Rock
Deputy
SAMPLE ONLY
EXHIBIT "B"
PUBLIC NOTICE ADOPTED ORDINANCE NO. 55555
(SUMMARY)
NOTICE
IS HEREBY GIVEN that at its regularly scheduled meeting on January 13, 1990,
the Board of Supervisors of the County of Santa Cruz adopted Ordinance No.
55555 which prohibits smoking in public areas of County buildings and
facilities. This ordinance was adopted by the following vote:
AYES: SUPERVISORS
NOES: SUPERVISORS
ABSENT: SUPERVISORS
Copies
of the full text of this Ordinance are available at the Office of the Clerk of
the Board, Room 500, Governmental Center Building, 701 Ocean Street, Santa
Cruz, California, 95060.
SUSAN M. ROZARIO
CHIEF DEPUTY CLERK
By: Suzy Rock
Deputy