Hello Everyone,

Thanks for a successful meeting today. Here are the 10 tips I found on ordinance drafting and legal writing below.

Ordinance Drafting/Legal Writing Tips

1.  Preamble – the “whereas” clauses. Although these may seem like a nuisance, they are very important and if the ordinance is challenged, the whereas clauses may be very carefully scrutinized by the court, since they provide the legislative history for the ordinance.
   

2.  Each section of the proposed codified ordinance should have a singular purpose. For example, if the ordinance replaces a previously adopted zoning map, one section should repeal the ordinance adopting the prior map and a separate section should adopt the new map.
   

3.  Remember to include repealer clauses, penalty clauses, savings clauses, and severability/non severability clauses where appropriate.
   

4.  Questions to help frame your drafting: What is the purpose of the ordinance? What is the effect of the proposed ordinance on existing ordinances? Does the city have authority to pass the ordinance? Who does it regulate or effect and does it effect people equally? Who will administer it?
   

How is it enforced? How much will the fine amount be? How will it effect current prosecutions? When does it take effect? Where or what parts of the city are affected?
5.      Check if you are a home rule or general law/Dillon’s rule city because that will impact your preemption.
6.      Understand what needs to be done to actually get your ordinance on the agenda. Does the City Secretary’s office require a certain format? What is the internal review process with the City Manager?
7.      Active voice – “by zombies” test. Active voice is preferred, but it may not always be possible in ordinances. If you can end a sentence using the phrase “by zombies” you are not writing in active voice.
8.      Oxford Commas- courts are big fans of them, and you should use them when drafting ordinances. See this opinion where a court hilariously scolds the ATF:  The Court takes issue with the lack of an Oxford comma after “Firearms” in the Bureau's name. Oxford commas add clarity and cost nothing. For example, can the Bureau regulate firearms independently from explosives, or does the lack of a comma in between those two words indicate they can only be regulated when found together? These and others are big problems tiny commas can solve.” Lane v. United States, 2020 WL 1513470 (N.D. Tex. Dallas Div. March 30, 2020). Footnote 6.
9.      Break up long sentences. Longer sentences are harder to follow and are more likely to contain errors.
10. Draft using singular construction. DON’T SAY: The City requires vendors who vend inside the park and on the perimeter sidewalk to get permits. DO SAY: “The City requires a vendor who vends inside the park or on the perimeter sidewalk to get a permit.”

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Sean Cooley (he/him)
Associate Counsel
International Municipal Lawyers Association
P: (202) 466-5424
D: (202) 742-1914
51 Monroe St. Suite 404 Rockville, MD, 20850
Plan Ahead! See IMLA’s upcoming eventshttps://imla.org/events/, calls and programming.

One more rule- definitions are to be used to define terms used in an ordinance NOT to regulate.
Sent from my iPhone

On Aug 11, 2025, at 3:27 PM, Sean Cooley via Newlawyers newlawyers@lists.imla.org wrote:


Hello Everyone,

Thanks for a successful meeting today. Here are the 10 tips I found on ordinance drafting and legal writing below.

Ordinance Drafting/Legal Writing Tips

1.  Preamble – the “whereas” clauses. Although these may seem like a nuisance, they are very important and if the ordinance is challenged, the whereas clauses may be very carefully scrutinized by the court, since they provide the legislative history for the ordinance.
   

2.  Each section of the proposed codified ordinance should have a singular purpose. For example, if the ordinance replaces a previously adopted zoning map, one section should repeal the ordinance adopting the prior map and a separate section should adopt the new map.
   

3.  Remember to include repealer clauses, penalty clauses, savings clauses, and severability/non severability clauses where appropriate.
   

4.  Questions to help frame your drafting: What is the purpose of the ordinance? What is the effect of the proposed ordinance on existing ordinances? Does the city have authority to pass the ordinance? Who does it regulate or effect and does it effect people equally? Who will administer it?
   

How is it enforced? How much will the fine amount be? How will it effect current prosecutions? When does it take effect? Where or what parts of the city are affected?
5.      Check if you are a home rule or general law/Dillon’s rule city because that will impact your preemption.
6.      Understand what needs to be done to actually get your ordinance on the agenda. Does the City Secretary’s office require a certain format? What is the internal review process with the City Manager?
7.      Active voice – “by zombies” test. Active voice is preferred, but it may not always be possible in ordinances. If you can end a sentence using the phrase “by zombies” you are not writing in active voice.
8.      Oxford Commas- courts are big fans of them, and you should use them when drafting ordinances. See this opinion where a court hilariously scolds the ATF:  The Court takes issue with the lack of an Oxford comma after “Firearms” in the Bureau's name. Oxford commas add clarity and cost nothing. For example, can the Bureau regulate firearms independently from explosives, or does the lack of a comma in between those two words indicate they can only be regulated when found together? These and others are big problems tiny commas can solve.” Lane v. United States, 2020 WL 1513470 (N.D. Tex. Dallas Div. March 30, 2020). Footnote 6.
9.      Break up long sentences. Longer sentences are harder to follow and are more likely to contain errors.
10. Draft using singular construction. DON’T SAY: The City requires vendors who vend inside the park and on the perimeter sidewalk to get permits. DO SAY: “The City requires a vendor who vends inside the park or on the perimeter sidewalk to get a permit.”

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Sean Cooley (he/him)
Associate Counsel
International Municipal Lawyers Association
P: (202) 466-5424
D: (202) 742-1914
51 Monroe St. Suite 404 Rockville, MD, 20850
Plan Ahead! See IMLA’s upcoming eventshttps://urldefense.proofpoint.com/v2/url?u=https-3A__imla.org_events_&d=DwMF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=0SeTY5xTYzlnEpZimwgcfvl1VHZsrHbaQ4uFGsVR9Wg&m=tjCLFaZvihsZNjNtTgn1cJl-Zvfq686e6SiniGE770SegKJrJQ--1OdWt1QypJSd&s=S32Ck4yomfMZsOSZEFFin1ygylJ2jgMVOBj8OXQklsQ&e=, calls and programming.

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