The governing body shall ensure that any ordinance that the governing body passes contains the following, in substantially the following order and form:
- (1) a number;
- (2) a title which indicates the nature of the subject matter of the ordinance;
- (3) a preamble which states the need or reason for the ordinance;
- (4) an ordaining clause which states "Be it ordained by the ____ (name of the governing body and municipality):";
- (5) the body or subject of the ordinance;
- (6) when applicable, a statement indicating the penalty for violation of the ordinance or a reference that the punishment is covered by an ordinance which prescribes the fines and terms of imprisonment for the violation of a municipal ordinance; or, the penalty may establish a classification of penalties and refer to such ordinance in which the penalty for such violation is established;
- (7) when a penalty for a violation of the ordinance includes any possibility of imprisonment, a statement that the municipality is required, under Section 78B-22-301, to provide for indigent defense services, as that term is defined in Section 78B-22-102;
- (8) a statement indicating the effective date of the ordinance or the date when the ordinance shall become effective after publication or posting as required by this chapter;
- (9) a line for the signature of the mayor or acting mayor to sign the ordinance;
- (10) a place for the municipal recorder to attest the ordinance and fix the seal of the municipality; and
(11) in municipalities where the mayor may disapprove an ordinance passed by the legislative body, a statement showing:
- (a) if the mayor approves the ordinance, that the governing body passes the ordinance with the mayor's approval;
- (b) if the mayor disapproves the ordinance, that the governing body passes the ordinance over the mayor's disapproval; or
- (c) if the mayor neither approves or disapproves the ordinance, that the ordinance became effective without the approval or disapproval of the mayor.
Amended by Chapter 326, 2019 General Session