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been published. (See State ex rel Charles v.Darrow, 4,. If prior ordinances are to be repealed, a 65 Minn.419, 67 N.W. 325, 1896.) section to this effect should be included. It is un- wise to use a blanket repealer - that is to say, a Ordinarily, statutory city ordinances expressly section repealing "any and all ordinances and provide that they shall take effect from and after parts of ordinances inconsistent herewith." Such the date of their publication. Even where all re- a section adds nothing to what the courts imply in ference to an effective date is omitted, the rule every ordinance, for if two ordinances or sections seems to be that a municipal ordinance takes thereof are inconsistent, the one later in time of effect upon publication, in the absence of any passage ordinarily prevails. The better method is further requirement governing the passage of to make a study of all prior ordinances and to re- ordinances by the municipality. There are no peal each inconsistent ordinance specifically by additional requirements for statutory cities. reference to number and title. Ordinances may provide for a later effective date than the date of publication. They can- 5. In statutory cities, an ordinance takes ef- not, of course, fix an earlier one. (See McQuillin, fect upon passage and publication unless the ef- vol. 5, sec. 15.39; Metropolitan Airport Corn- fective date is postponed in the ordinance itself. mission v. McCabe, 271 Minn. 21, 1351 N.W. However, it is customary to include a section at 2d 48, 1965.) the end stating that "This ordinance becomes effective from and after its passage and publica- SUGGESTED FORMS tion." Drafting provisions 6. Each ordinance should include a penalty clause where a penalty is appropriate. Ordinances must be in writing, but neither the Constitution nor the statutes require ordinances 7. Each ordinance must be signed by the to be written in any specified form but they mayor, attested by the clerk, and published once must be suitably entitled and be substantially in in the official newspaper. It is customary to add the style, "The City Council of ordains:" a statement at the end indicating the date on (M.S. 412.191, Subd.4.) which the ordinance was passed and the date when it was published. The following rules are usually observed in drafting an ordinance: 8. Since an ordinance normally requires techni- cal legal knowledge, its drafting should usually be 1. Ordinances should be consecutively num- entrusted to an attorney. It is much easier to avoid bered in the order of their passage. Each should legal mistakes in the first instance than it is to have a title which states the subject to which the undo such mistakes after they have been made. ordinance relates. Unlike some city charters, the statutory city laws do not expressly require General Ordinance Form that an ordinance contain one subject which is to be expressed in its title, but they do say that ORDINANCE NO. each ordinance shall be "suitably entitled." (Insert the subject to which • 2. Each ordinance should have an enacting the ordinance relates). clause which states that "The City Council of AN ORDINANCE ordains." This clause should appear immediately below the title. The City Council of _ ordains: 3. The body of the ordinance should follow Section 1 , (If words or phrases used in the ordi- the enacting clause and should be arranged ac- nance need defining, it should be done in this sec- cording to the topics or general rules which it tion) covers, each topic or general rule being a section. Sections should be arranged in logical order. If Section 2. (Each general provision should be a section is long, it facilitates amendment of the stated in sections according to a logical order.) ordinance to divide it into subdivisions. If words or phrases have a peculiar meaning or are repeated Section 3. etc. (An ordinance may contain any at numerous places throughout the ordinance, number of f sections and subsections.) they should be defined in the first section. -4 - s