17-53-208. Ordinances -- Effective dates -- Publication -- Adoption of ordinances
printed in book form.
(1) The enacting clause of all ordinances of the county legislative body shall be as
follows: "The County Legislative Body of ______________County ordains as follows:".
(2) Every ordinance shall be signed by the chair of the county legislative body and
attested by the clerk. On the passage of all ordinances the votes of the several members of the
county legislative body shall be entered on the minutes, and all ordinances shall be entered at
length in the ordinance book.
(3) (a) No ordinance passed by the county legislative body may take effect within less
than 15 days after its passage.
(b) The legislative body of each county adopting an ordinance shall, before the ordinance
may take effect:
(i) deposit a copy of the ordinance in the office of the county clerk; and
(ii) (A) publish a short summary of the ordinance, together with a statement that a
complete copy of the ordinance is available at the county clerk's office and with the name of the
members voting for and against the ordinance:
(I) for at least one publication in:
(Aa) a newspaper published in and having general circulation in the county, if there is
one; or
(Bb) if there is none published in the county, in a newspaper of general circulation within
the county; and
(II) as required in Section 45-1-101; or
(B) post a complete copy of the ordinance in nine public places within the county.
(4) Any ordinance printed by authority of the county legislative body in book form or
electronic media, or any general revision of county ordinances printed in book form or electronic
media, may be adopted by an ordinance making reference to the printed ordinance or revision if a
copy of the ordinance or revision is filed in the office of the county clerk at the time of adoption
for use and examination by the public.
(5) Ordinances establishing rules and regulations, printed as a code in book form or
electronic media, for the construction of buildings, the installation of plumbing, the installation
of electric wiring, or other related or similar work may be adopted by reference to the code book
if a copy of the code book is filed in the office of the county clerk at the time of the adoption of
the ordinance for use and examination by the public.
(6) Ordinances that in the opinion of the county legislative body are necessary for the
immediate preservation of the peace, health, or safety of the county and the county's inhabitants
may, if so provided in the ordinance, take effect immediately upon publication in one issue of a
newspaper published in and having general circulation in the county, if there is one, and if there
is none published in the county, then immediately after posting at the courthouse door.
(7) An ordinance may take effect at a later date than provided in this section, if the
ordinance so provides.
(8) An order entered in the minutes of the county legislative body that an ordinance has
been duly published or posted shall be prima facie proof of the publication or posting.
Amended by Chapter 388, 2009 General Session
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Last revised: Thursday, May 28, 2009