Definition
An ordinance is a law enacted by a local governing body — typically a city council or a county board of supervisors. Ordinances are the primary tool through which local governments regulate conduct, set standards, and establish legal requirements within their jurisdiction.
When a city adopts zoning rules, sets speed limits on local streets, requires business licenses, or establishes building standards, it does so through ordinances. Once enacted, an ordinance has the same legal force as any other law — violating it can result in fines, legal proceedings, or other enforcement actions.
Ordinances vs. Resolutions
City councils and boards of supervisors act through two main instruments: ordinances and resolutions. Understanding the difference matters:
- Ordinances are laws. They establish legal requirements that bind the public. They typically require two readings at public meetings (in California cities), a waiting period before they take effect (usually 30 days for general law cities), and are subject to referendum by voters.
- Resolutions are formal expressions of the governing body's position, intent, or administrative decision. They don't have the force of law in the way ordinances do, don't require multiple readings, and are not subject to referendum. Budgets, fee adoptions, policy statements, and appointments are typically made by resolution.
How an Ordinance Is Adopted in California
For general law cities — the most common type of California city — the standard process is:
- Introduction: The ordinance is introduced at a city council meeting and read (at least by title) for the first time.
- Second reading and adoption: At a subsequent meeting (at least five days later), the council votes to adopt the ordinance.
- Publication: A summary of the ordinance must be published in a local newspaper.
- Effective date: The ordinance takes effect 30 days after adoption, unless it is urgency legislation (which requires a 4/5 supermajority vote and takes effect immediately).
Charter cities may have different procedural rules set by their city charter.
Ordinances and the Municipal Code
Over time, a city's ordinances accumulate. To make them easier to find and use, cities organize all active ordinances into a single, searchable document called the municipal code (or city code). When an ordinance is adopted, its substantive provisions are "codified" — incorporated into the appropriate chapter of the municipal code — while the original ordinance document is retained in the city's records.
When State Law Overrides a Local Ordinance
Local ordinances must comply with state and federal law. When the California legislature enacts a law that conflicts with a local ordinance — by expressly prohibiting local regulation or by occupying the field — the local ordinance is preempted and becomes unenforceable to the extent of the conflict. This is one of the most common sources of municipal compliance risk, particularly in housing, land use, and environmental law.
A city's ordinances are only as current as the last time they were reviewed against state law. Legislaide systematically identifies the ordinances in your municipal code that conflict with current California law — before those conflicts become enforcement actions or lawsuits.
Frequently Asked Questions
What is an ordinance?
An ordinance is a law enacted by a local governing body — typically a city council or county board of supervisors. Ordinances are the primary legislative tool through which cities establish rules, prohibitions, and standards that legally bind the public within the jurisdiction.
How is an ordinance adopted in California?
In California general law cities, an ordinance requires two readings at separate public meetings, publication of a summary in a local newspaper, and takes effect 30 days after adoption. Urgency ordinances can take effect immediately but require a 4/5 supermajority vote and a finding of immediate necessity.
What is the difference between an ordinance and a resolution?
Ordinances create legally binding public law, require two readings, and are subject to voter referendum. Resolutions express the council's position or make administrative decisions without creating new law, require only one vote, take effect immediately, and are not subject to referendum.
When must a city use an ordinance instead of a resolution?
Certain actions legally require an ordinance — including adopting or amending zoning regulations, approving development agreements, and granting franchise agreements. Using a resolution when state law requires an ordinance makes the action legally void and subject to challenge.
Can an ordinance conflict with state law?
Yes, and when it does, the local ordinance is preempted and becomes unenforceable. State law in California increasingly preempts local land use and housing ordinances, requiring cities to regularly update their codes to identify and correct conflicting provisions.
Published May 1, 2026 by Legal Team at Legislaide.