3-17-5. Proof of ordinance; authentication; publication; effective
272 words·~1 min read·
/nm/chapter-3-municipalities/article-17-ordinances/3-17-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
date; codification.
A. An ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signature of the presiding officer of the governing body and the municipal clerk and shall bear the seal of the municipality. The ordinance shall be published one time either in its entirety or by title and a general summary of the subject matter contained in the ordinance, whichever the governing body elects to do.
B. An ordinance shall not become effective until five days after it has been published, unless otherwise provided by law.
C. If the ordinances of the municipality are codified or codified and revised, it is not necessary to publish the entire codification or codification and revision. An ordinance, referring to the codification or codification and revision by title only and specifying one place in the municipality where the codification or codification and revision may be inspected during the normal and regular business hours of the municipal clerk, may be published instead of the codification or codification and revision.
D. Any court shall accept the following as prima facie evidence that an ordinance has been published:
(1)the book in which the ordinances of the municipality are recorded;
(2)any copy of an ordinance certified by the municipal clerk or his duly authorized deputy;
(3)any ordinance published in book or pamphlet form under the authority of the municipality; or
(4)any codification of ordinances prepared under the authority of the municipality. It is sufficient defense to any suit or prosecution to show that no publication was made.
History: 1953 Comp., § 14-16-4, enacted by Laws 1965, ch. 300.