In order to follow and enforce local ordinances, people must know how to find a copy of the laws. Codification is the way municipalities make it easy for people to find and read the laws they are expected to follow. Codification is nothing more than gathering together all the ordinances passed by the governing body, that are not emergency ordinances or non-code ordinances, and organizing them by subject matter in a book. This book gives each ordinance a permanent identifying number and creates a table of contents and index so people can easily look up the law.

The requirement for codification is set out in state law. (AS 29.25.050). For additional information on the process of codification, see the "Local Government Handbook" chapter on Ordinances.

What does "codify" mean?

"Codify" means to systematically organize a municipality's legally adopted laws. Each ordinance is assigned a permanent number and entered into an indexed book called the "code of ordinances". This kind of ordinance is called a "code" ordinance.

As stated in a 1966 attorney general's opinion, the minimum codification requirements are that ordinances ".have been topically arranged under a logical and systematic set of chapters and subchapters." They have ". a table of contents, an index, and a system of cross-referencing," and have ". a current supplement.."

Why codify ordinances?

The most important reason for codifying ordinances is to make it easy for people to find the laws they are expected to obey, or in the case of municipal employees, the laws they are expected to enforce, and to make it clear what will happen if the law is not obeyed. Also, state law (AS 29.25.050) requires codification and, if a municipality does not codify its ordinances, the State can withhold State Revenue Sharing and other forms of aid and assistance to municipalities.

What is the difference between a code and a non-code ordinance?

The basic difference is that a code ordinance is permanent and general in nature and a non-code ordinance is temporary and/or accomplishes a single action. The ordinance should state whether it is a code ordinance or a non-code ordinance.

Code Ordinance - A permanent ordinance that establishes procedures or rules of conduct must be codified (AS 29.25.050(a)). Codified means the legally adopted ordinance has been assigned a permanent number and entered into an indexed book called the code of ordinances. As used in this text, legally adopted means the date of adoption and adopting authority information required under AS 29. 25.050(c)(1) is available and all other requirements for adoption have been met. The "Local Government Handbook" has detailed information on codification.

Non-code Ordinance - A non-code ordinance is not incorporated into the main body of the code of ordinances, but should be included in the supplement. A non-code ordinance is an act of the governing body that authorizes a specific act or transaction, or authorizes the enforcement of rules or procedures for a limited period of time (e.g. less than a year). Also, a non-code ordinance may be used when state law (AS 29.25.010) or local law requires the action to be authorized by an ordinance. A common example of a non-code ordinance is the ordinance adopted each year to authorize the annual budget. State law requires budgets be authorized by ordinance, but the authority to spend money established in the ordinance expires at the end of the fiscal year. Because the authority to spend money granted by the ordinance approving the budget only lasts one year, it is not considered a permanent ordinance that would be included in the code of ordinances. Another example is an ordinance authorizing the sale of public land. The sale of a parcel of land is a one-time transaction that communities require be authorized by ordinance.

The annual "City Budget Manual" (NOTE: 2.8 MB Adobe Acrobat) produced by the Department of Community and Economic Development provides an example of a non-code budget appropriations ordinance.

Emergency Ordinance - An emergency ordinance is another form of non-code ordinance that is not included as a permanent ordinance. State law (AS 29.25.030) allows municipalities to approve ordinances and bypass the normal procedures for enacting an ordinance when there is a public emergency that requires quick action. Emergency ordinances cannot last longer than 60 days and must include a statement of the facts upon which the emergency is based.

Should an ordinance be numbered by the fiscal year or the calendar year?

A municipality is free to adopt any numbering system it chooses for keeping track of ordinances. Because fiscal years often overlap calendar years, and this can be confusing for members of the public, many municipalities find it easier to track the passage of ordinances and resolutions by calendar year.

The "Local Government Handbook" chapter on ordinances contains detailed information about ordinance numbering. State law simply requires that the ordinance be "codified," meaning it must be given a permanent number, the date of adoption must be noted, and the ordinance must be entered in a properly indexed book.

Should we keep the original signed copy of the ordinances after they have been put into a code?

Yes. Keep the original copy of the ordinance as passed by the governing body with the Mayor's signature in a permanent ordinance file. Original copies could become important if the ordinance is challenged in court. Information on retaining these records can be found in the "Local Government Handbook" and the State's Local Government Records Retention Schedule. Using an Ordinance Tracking sheet is very helpful in organizing and later researching adoption information for an ordinance.

How often should we update our code of ordinances?

AS 29.25.050(b) requires that a municipality's ordinances be codified within three years after incorporation and revised and reprinted at least every five years.

Who is responsible for maintaining the code of ordinances?

The municipal clerk. State law (AS 29.20.380(a)(5)) provides that the municipal clerk shall maintain an indexed file of all permanent municipal records and provide for codification of the ordinances.

A well-organized code of ordinances contains the following:

• A system of numbering and titling. Many municipalities use the State Statute System. Like the Alaska statutes this system organizes ordinances by specific titles, and then breaks them down into chapters and sections.
• A table of contents, an index, and a system of cross-referencing. The table of contents is placed at the beginning of the code and provides the reader immediate access to the general subject areas into which the code is organized. These subject areas might include Elections, Public Safety, Ports and Harbors, etc. When the reader turns to the page indicated by the Table of Contents he or she finds the subject area further broken down into the title and numbering system. The index is found at the back of the code. The index is a more detailed breakdown of subject matter and is intended to provide the reader more direct access to the specific law he or she is trying to find.
• A current supplement that lists all additions, amendments, and repeals. The code of ordinances should be periodically updated to incorporate all changes into the main text of the code. See the sample Ordinance Tracking sheet.

Publications:

• Alaska Department of Community and Economic Development (Commerce), "Local Government Handbook" - Ordinances and the City Code
• Commerce, Division of Community and Regional Affairs, "Starter Code of Ordinances for Second Class Cities"

Internet Links:

• Commerce, Sample Code of Ordinances
• Commerce, Sample Ordinance Tracking Sheet

• Alaska Legislature "Folio Infobase" - The Current Alaska Statutes
• Alaska Legislature "Folio Infobase" - The Alaska Administrative Code
• Alaska Department of Law
• AS 29.25.010 acts required to be by ordinance
• AS 29.25.030 emergency ordinances
• AS 29.25.050 codification
• AS 29.20.380(a)(5) municipal clerk codification of municipal ordinances

Revised 1/26/2006