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Lurch77
Premium Member
join:2001-11-22
Green Bay, WI

Lurch77

Premium Member

Generic City Ordinances

Is it a common thing to see smaller cities use a generic ordinance for certain things? If so, where would this ordinance come from? I've been researching animals and how they pertain to the laws in my city. Then I started comparing our ordinance to other communities in our state. What I found is that many smaller cities have the same ordinance. And I mean they are the same, word for word. I don't know if nearby cities would together come up with and share an ordinance, but I've found this at cities hours apart from one another.

For example, the one quoted below was found at several different small to medium sized cities around our state.
quote:
Sec. 7-1-12. Prohibited and Protected Animals, Fowl, Reptiles, and Insects.permanent link to this piece of content

(a)
Protected Animals.
(1)
Possession and Sale of Protected Animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the City any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family Felidae, polar bear (Thalarctos maritimus), red wolf (Canis niger), vicuna (Vicugna vicugna), or alligator, caiman or crocodile of the order of Crocodilia, gray or timber wolf (Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia mydas), Mexican Ridley turtle (Lepidochelys kempi).
(2)
Compliance with Federal Regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the Importation of Certain Birds. No person, firm or corporation shall import or cause to be imported into this City any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This paragraph shall not be construed to forbid or restrict the importation of use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage..................
Dodge
Premium Member
join:2002-11-27

Dodge

Premium Member

They are probably reusing either a state or a federal ordinance.

mattmag

join:2000-04-09
NW Illinois

1 recommendation

mattmag to Lurch77

to Lurch77
There are companies that specialize in "Codification" and they will use similar language across all their customers unless the local government there specifically requests a change or something that makes it pertain to a certain local situation.

This "boilerplate" is the result of many years of code-writing, and is basically a standardized format that is used for local codes.

Here is one such company:

»www.sterlingcodifiers.com

John Galt6
Forward, March
Premium Member
join:2004-09-30
Happy Camp

John Galt6 to Lurch77

Premium Member

to Lurch77
It's kind of like the building codes...
nonymous (banned)
join:2003-09-08
Glendale, AZ

nonymous (banned) to Lurch77

Member

to Lurch77
Most ordinances are to one degree or another boiler plate. It is just a matter of the correct boiler plate for your location.
Plus as another said good boiler plate is tried true and.tested. If each city did.its.own unique ordinances for evdrything it , would take more time, cost more and maybe not be as good and tested.

Lurch77
Premium Member
join:2001-11-22
Green Bay, WI

Lurch77 to mattmag

Premium Member

to mattmag
So these codes are literally a generic code? So they likely do not stem from any direct problem the individual city has had in the past? And so I assume that these are the type of codes that would be more easily changed by the citizens, within reason?

I hope what I'm trying to say makes sense. To get to the point, some citizens here are interested in making an amendment to a code here that is one of these "boilerplate" codes. The city has never had a real issue with what the code is covering, and so one could assume it would be easier to have changed than a code created from a real problem the city had. The citizens will ask that the code be amended to something similar other nearby cities have passed in recent years.

mattmag

join:2000-04-09
NW Illinois

mattmag



Not sure if generic is the most accurate term, but "commonly in use" certainly fits.

In my City Government experience, I would say yes, it is possible that a certain limitation may be altered, or perhaps an exception can be created to better fit a particular local issue or request. I would speak with your City Clerk or other similar official, and see who is the Chairman of the "Ordinance Committee" or whatever they call it. Have a conversation with that person, and find out what it takes to suggest a change. That will be the easiest path to getting it done.

If you just go in "cold" to a council meeting, chances are it will delay your efforts significantly, as things can only be acted upon once you are on the agenda.
nonymous (banned)
join:2003-09-08
Glendale, AZ

nonymous (banned) to Lurch77

Member

to Lurch77
Generic for your area. Like this code what animals as banned in your town most likely fits the same for animals in the next town.
Leaves more time for changing ordinances that may not fit your town or for those someone has agenda on.

hortnut
Huh?
join:2005-09-25
PDX Metro

hortnut to Lurch77

Member

to Lurch77
Also similar to the Uniform Commercial Code.
»law.duke.edu/lib/researc ··· des/ucc/ =
____________________________________________________
The UCC is a model code, so it does not have legal effect in a jurisdiction unless UCC provisions are enacted by the individual state legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands.
___________________________________________________
More-
»en.wikipedia.org/wiki/Un ··· ial_Code

As to who to contact - most cities will have a City Attorney.
They represent the City in litigation; provide legal opinions on official matters; review City contracts, bonds, franchises and other legal instruments; or whatever is dictated by the City.
»en.wikipedia.org/wiki/Ci ··· attorney

Many, many years ago when I was in the Insurance Adjusting area we had a lot of little cities and towns that we insured. Interacted with these guys all the time.