STEP TWO - DECIDE WHAT TO DO WITH THE CITY’S OLD ORDINANCES

Adoption of the MBC, using the MBC Model Adopting Ordinance, is designed to repeal and replace all previous ordinances of your City. The MBC offers a fresh start with ordinances that are up-to-date under current state and federal law.

Before adopting the MBC the city should review its current ordinance book to determine:

1) Which old city ordinances cover the same subjects found in the MBC (for example, your old city ordinances will likely cover a process to abate public nuisances - and so does the MBC).

2) Which old city ordinances cover subjects not found in the MBC (for example, many older city ordinances contain provisions related to hitching horses in business districts - the MBC contains no ordinance on this subject.)

Subjects Covered Both in the MBC and the Current City Ordinances:

Ordinances that fall under category (1) - ordinances that are covered in both the old City ordinance and in the MBC should be repealed. Adoption of the MBC will automatically repeal these ordinances. Adoption of the MBC provision over older ordinance provisions is recommended and preferable because:

• MBC ordinances are current with applicable state, federal regulation and law and applicable case law. In contrast, older city ordinances may be out-of-date or archaic. As a result, they may create legal liability for the city or be ruled unenforceable by a court of law, because they do not comply with current legal standards.

• MBC ordinances are designed to be user friendly and easily enforceable. Older ordinances may be poorly drafted or use overly formal legalese that can be difficult to understand and enforce.

Subjects Not Covered in the MBC that are in the Current City Ordinances:

Ordinances that fall under category (2) - ordinances covering subjects not in the MBC should be seriously considered by council for repeal. It is most likely that these provisions are no longer needed by the city (for example, an ordinance regulating the hitching of horses in the city business district). It is also possible that these provisions are outdated or archaic. The adoption of the MBC will also automatically repeal these ordinances. If the city wishes to retain these ordinances it must act to preserve these ordinances when adopting the MBC. These ordinances must be listed in Section 3 of the MBC Model Adopting Ordinance. The city must also codify these ordinances, as part of the MBC at Section XVII. This process is discussed in Appendix II. All ordinances that are retained should be reviewed by the City Attorney.