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1. Charter
2. Title 1 General Administration
1. Chapter 1-1 Construction and Interpretation
2. Chapter 1-2 Definitions
3. Chapter 1-3 Quasi-Judicial Hearings
4. »Chapter 1-4 Rulemaking
3. Title 2 Government Organization
4. Title 3 Revenue and Taxation
5. Title 4 Licenses and Permits
6. Title 5 General Offenses
7. Title 6 Health, Safety, and Sanitation
8. Title 7 Regulation of Vehicles, Pedestrians, and Parking
9. Title 8 Parks, Open Space, Streets, and Public Ways
10. Title 9 Land Use Regulation
11. Title 10 Structures
12. Title 11 Utilities and Airport
13. Title 12 Human Rights
14. Title 13 Elections and Campaign Disclosures and Activities
15. Title 14 Arts
16. Index
17. Ordinances Pending Codification

Page Contents

• 1-4-1 Definitions
• 1-4-2 Submission to City Manager and City Attorney
• 1-4-3 Publication of Proposed Rules
• 1-4-4 Public Comment
• 1-4-5 Effective Date
• 1-4-6 Emergency Rules Excepted
• 1-4-7 Copies of Rules
• 1-4-8 Numbering
• 1-4-9 Repeal
• 1-4-10 Existing Rules

Chapter 1-4: Rulemaking⁹

1-4-1 Definitions.

The following words and phrases, wherever used in this chapter, have the following meanings unless the context clearly indicates otherwise:

"Adopting authority" means the city manager or any board or commission authorized by charter, this code, or another ordinance of the city to make rules.

"Rule" means the whole or any part of any statement of general applicability and future effect implementing the legislative intent of the charter, this code, or another ordinance of the City, but does not include: a) a general statement of policy which is not binding on the public, b) a statement of agency organization, conduct required of city employees, or regulation of internal management and procedures, which is not binding on the public, or c) a rule concerning the use of city property which does not form a basis for a prosecution in municipal court.¹⁰ "Regulation" is a synonym for "rule."

1-4-2 Submission to City Manager and City Attorney.

Before a proposed rule is published as provided in this chapter, and before a proposed rule as changed after public comment becomes effective, the city manager, board, or commission, as applicable, shall approve it as to substance and the city attorney shall approve it as to form and legality.

1-4-3 Publication of Proposed Rules.

Before a proposed rule becomes effective, the adopting authority shall file three copies of the proposed rule with the city clerk, and publish in a newspaper of general circulation in the city a notice stating that the filing with the city clerk has been made, the date of the filing, the general subject matter of the proposed rule, the right of the public to submit written comments on the proposed rule, and the time during which such comments may be filed.

1-4-4 Public Comment.

Members of the public may file written comments with the adopting authority during a period of fifteen days following the date of publication of the notice required in section 1-4-3, "Publication of Proposed Rules," B.R.C. 1981. The adopting authority shall consider such comments and may, in its discretion, incorporate a response to such comment and such other changes as it may determine to be appropriate in the proposed rules. The adopting authority shall submit any rule that it has changed for approval of the city attorney, after which approval the rule shall be effective. If, however, the proposed changes are substantial, the adopting authority may, in its discretion, provide by published notice an additional period for accepting public comments on the proposed changed rule before it becomes effective. If the adopting authority further changes the proposed rule, it shall submit the proposed rule for approval of the city attorney, after which approval the rule shall become effective.

1-4-5 Effective Date.

Unless a later date is stated therein, rules are effective when, after the time for comment has passed, a copy signed by the adopting authority and the city attorney is filed with the city clerk.

1-4-6 Emergency Rules Excepted.

A rule may become effective immediately if the adopting authority finds that the public health, safety, or welfare requires immediate effectiveness of the rule and states the reasons for such finding. If it adopts an emergency rule, the adopting authority shall so state in its published notice and shall also state that it will accept written public comment for a period of thirty days subsequent to the date of the publication of the notice. After considering public comment and after receiving approval from the city attorney, the adopting authority shall issue a final rule.

1-4-7 Copies of Rules.

The adopting authority and the city clerk shall provide a copy of a proposed rule without charge to any interested person who requests it. The city clerk is authorized to sell copies of adopted rules to the public, and to set a reasonable price therefor.

1-4-8 Numbering.

The city clerk shall assign an identifying number to each adopted rule.

1-4-9 Repeal.

Rules may be amended, repealed and readopted, or repealed by following the provisions set forth in this chapter. Rules also may be repealed by publishing notice thereof once in a newspaper of general circulation in the city.

1-4-10 Existing Rules.

Nothing in this chapter shall be interpreted to nullify or limit the effectiveness of any rule adopted on or before December 1, 1987. All such rules shall remain effective, but three copies thereof shall be filed in the office of the city clerk before January 1, 1988.

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⁹ Adopted by Ordinance No. 5053.

¹⁰ See, Davis, Administrative Law Treatise, §§5.03-5.04; Seaboard World Airlines, Inc. v. Gronouski, 230 F.Supp.44 (D.D.C. 1964); Batterton v. Marshall, 648 F.2d 694 (D.C. Cir. 1980).

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