LEGISLATIVE DRAFTING GUIDELINES

 

Some useful hints to make your code work more effectively-

 

 

Clarity is Golden

 

Adopt penalty provisions as the last provision of each Chapter.

Avoid any cross-references to other Code provisions.  Where necessary, make cross-reference as limited as possible.  Double check all cross-references actually used.

Do not allow a resolution to affect more than one area of law.  Best drafting does not allow more than one Chapter of the Code to be changed by a single resolution or ordinance.

Do not adopt language that suggests that departments or committees may change the statutes. 

As a general rule if any Code section is repealed or deleted in the entirety, the section number should not be re-used. 

Each paragraph must have an alpha/numeric designation. 

Avoid stating a specific dollar value for a fine and rely on definitions.

 

Terms

To "amend" means to replace existing language with new language.  To be used in resolution drafting as the standard method of changing language in existing Code sections.

 To "repeal" means to amend by removing language from existence.  To be used only when completely deleting the language of a section.

 To "adopt" means to include new language.  To be used only when creating a new paragraph or section.

 To "add" means to include new language to existing materials.

 

Adding or Changing Language

State the provision section verbatim as added or changed to eliminate guesswork as to the result intended.

 

New Code

Prima facia evidence of the actual law after 3 years, without reference to the original resolution.