Monday, July 1, 2013

The Ordinances and Resolutions

Legislative actions of a general and permanent character are enacted in the form of ordinances, while those which are of temporary character are passed in the form of resolutions. Matters relating to proprietary functions and to private concerns are also acted upon by resolution.

One essential difference between a resolution and an ordinance is that a resolution is merely for the translation of the current business of the government unit and has no permanent value, for it deals only with matters of special and temporary character, whereas an ordinance prescribes some permanent rules of conduct of government which have the force and effect of law, to continue in force until repealed or superseded by subsequent enactment.

These are the effects of resolutions and ordinances. A resolution adopted for a particular and temporary purpose, continues, as a rule, for a reasonable period only, and in such case, a formal repeal is not required to terminate its operation. But if the resolution is in effect an ordinance, and has the force of a local law, it continues to operate until legally rescinded. The fact that the ordinance is not enforced, and is repeatedly violated, has no effect whatever on its force as law. The corporate authorities have no power to suspend an ordinance nor to authorize a violation of it.

Local ordinances of a general nature are binding upon all persons within the corporate limits, whether residents or not. The principle is that whoever comes to reside in any place for however short a duration of time, is an inhabitant prohoc vice, and consequently bound by the same regulations as the other members of the corporation or community.

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