Beginning August 1, 2017, nearly all city ordinances will require notice before being adopted. (The text of the new law is available at the Revisor of Statutes website) Interim ordinances (aka moratoriums) are the only exception to the notice requirements. Interestingly, failure to provide the required notice does not invalidate the ordinance.
In order to comply with the law, a city must do the following at least 10 days before adoption of the proposed ordinance:
- Post a copy of the proposed ordinance on the City website if adopted ordinances are posted on the website.
- If the city uses email or other electronic notice system (Facebook, Twitter, etc.), it must use the system to provide notice of the proposed ordinance.
- If the city does not post ordinances on its website and does not use email or an electronic notice system, notice of the proposed ordinance must be posted in the same location as the city’s other public notices.
The new law also requires the city to notify business license applicants of the electronic notification system if one is used.
The new law is similar to the requirements already imposed on counties. The notice requirements for zoning ordinances and other ordinances requiring a public hearing remain unchanged. The practical effect of this new law will be delays in amending existing ordinances or implementing new ordinances due to the fact that most city councils only meet once or twice per month.
©2017 Rinke Noonan