Legal Question in Administrative Law in California

what is the difference between an urgency ordinance and a perminant ordinance? how long can they extend the urgency ordinance after it has already been extended for 10 months and 15 days? What is the purpose of an urgency ordinance and can it become a perminant ordinance? Does the city counsel have to draft and present a new perminant ordinance to replace the urgency ordinance? and what steps are taken to get it passed and put into the city codes?


Asked on 8/25/10, 6:11 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You are probably dealing with an "interim" ordinance, based on the 10 month, 15 day extension mentioned.

I have not found any requirement in the Government Code, nor is any mentioned in the California Municipal Law Handbook, that urgency ordinances expire. The main difference between urgency ordinances and other ordinances is in the method of adoption and earliest possible effective date. So, I'd say the purpose of an urgency ordinance is to place a law on the books as quickly as possible to address an emergency. The emergency must be described in the ordinance itself or the ordinance is subject to challenge.

I'd also say the city council doesn't have to replace urgency ordinances, and that they don't automatically expire simply because they were passed as such.

Please distinguish ordinances passed as "interim" measures, for example, under Government Code section 65858, which are or can be a subspecies of urgency measures. These, as "interim" measures, do have a limit on how long they can be in effect, and are only available for certain purposes relating to zoning restrictions. If the ordinance you have in mind deals with zoning, you might want to look up California Government Code section 65858 on the Internet and read it, and perhaps also section 65090.

Read more
Answered on 9/06/10, 3:18 pm


Related Questions & Answers

More Administrative Law questions and answers in California