Section 3.38 Force and Effect

• Library: Local Government Deskbook (2017 Ed.)

2. (§3.38) Force and Effect

An ordinance connotes a command or prohibition usually designed to compel or prohibit some action, and it is applicable to all or certain classes of persons found within the area governed. 5 Eugene McQuillin, The Law of Municipal Corporations § 15:12 (3^rd ed. rev. 2013). It is a local regulation of general or permanent character, enacted to govern continuing conditions, and it has the force of law within the governing body’s jurisdiction. Id. As such, validly enacted ordinances under a municipality’s express or implied power are as binding on its inhabitants as are the general laws of the state on the citizens at large. Id. (citing Holman v. City of Macon, 137 S.W. 16, 17 (Mo. App. W.D. 1911)) (ordinances are to be governed by rules of interpretation for legislative enactments; when a statute invests a municipal corporation with power to regulate, ordinances enacted must be treated as though passed by the legislature itself).

“[E]veryone is conclusively presumed to know the law and that presumption applies to municipal ordinances as well.” Rose v. City of Riverside, 827 S.W.2d 737, 738 (Mo. App. W.D. 1992).

“It is well

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