6.3 Local Ordinances and Codes

• Library: A Guide to Legal Research in Virginia (Virginia CLE) (2021 Ed.)

6.3 LOCAL ORDINANCES AND CODES

Local governments are lawmaking bodies for their jurisdictions, subject to limitations set by the Virginia Constitution and the General Assembly. It bears repeating that Virginia localities' powers are strictly interpreted in accordance with a rigid rule of construction known as Dillon's Rule. Powers are limited to those that the General Assembly expressly grants, are necessarily or fairly implied from those powers, and are essential and indispensable.²²

6.301 Codification. Pursuant to section 15.2-1433 of the Virginia Code, localities have the option to codify (arrange by subject) any or all of their ordinances. The statute does not require, however, that a codification be comprehensive, and some ordinances may remain uncodified. The statute also does not mandate supplementation even if a locality elects to codify, so researchers must be alert when consulting local codes.

6.302 Sources of Ordinances and Codes.

A. Local Government Websites. Most localities make their ordinances available through their websites, although online versions are not necessarily current or official. Some codes are easy to find from home pages. Others are located within a county or city attorney's website and may be easier to find using Internet search engines like Google.

B. Commercial Online Sources. Another approach to finding online codes is to go to the sites of the major publishers. The Municipal Code Corporation website has more than 140 Virginia county, city, and town codes.²³ These codes are available on Lexis through its Virginia Municipal Codes database and include previous versions of ordinances from the mid-2010s forward. Municipal codes for many jurisdictions are available from the sites of General Code, LLC²⁴ and American Legal Publishing Corp.²⁵ Most of these codes are also available in print.

Whether using codes in print or online, researchers are advised to use caution. New ordinances may have been adopted after publication of the latest edition of the code. Researchers should also determine whether the edition of the code they are using has been designated as "official." This information is often found on the municipality's website. Otherwise, a call the clerk's office can confirm whether the researcher has the most current and official code and ordinances.

C. Local Sources. If a code is not available online, an individual ordinance can be obtained from the clerk's office of the appropriate city, town, or county. State law requires that at least one copy of all codifications, recodifications, and supplements be kept in the office of the clerk of the governing body, and these copies must be available for public inspection during normal business hours.²⁶ Some local bar associations and regional law libraries maintain copies of local government codes. Appendices B through E to this book list law libraries and other information sources in the commonwealth.

D. Interlibrary Loan. For ordinances from other jurisdictions, a librarian might be able to borrow materials or obtain copies from a public institution or law firm in the geographic area of interest. A librarian in Roanoke, for example, might be willing to scan provisions of...