ORDINANCE

6 definitions found across Law Mind sources

ORDINANCEAuthored
The Law Mind • 1174 words
Definition
An ordinance is a law or rule enacted by authority. The term carries two distinct senses in legal research: 1. Municipal ordinance. The dominant modern usage. A law enacted by the governing body of a local unit of government — a city, town, county, or other municipal corporation — within the authority delegated to it by state law. Municipal ordinances regulate local affairs: zoning and land use, building codes, noise levels, public safety, licensing, and similar subjects. They are binding on persons within the jurisdiction but subordinate to state statutes and the state and federal constitutions. 2. Historical and legislative usage. In older English and American law, "ordinance" referred more broadly to any authoritative enactment, rule, or decree — including acts of Parliament or colonial legislative bodies — that carried the force of law. Several foundational American legal documents use the term in this broader sense, most notably the Northwest Ordinance of 1787. In this historical usage, ordinance was roughly synonymous with statute or decree. ---
Common Language
Modern common usage (Wiktionary): A local law passed by a city or similar body; alternatively, an authoritative edict or decree. Historical common usage (Webster's 1913): "A rule established by authority; a permanent rule of action; a statute, law, regulation, rescript, or accepted usage; an edict or decree; esp., a local law enacted by a municipal government." The common and legal meanings largely align, but the gap worth flagging is one of scope: popular usage today treats "ordinance" as exclusively a local-government instrument, while legal sources — especially historical ones — use it to denote any authoritative enactment, including major national and colonial legislation. A researcher encountering "ordinance" in an 18th- or early 19th-century document should not automatically read it as a municipal measure. ---
Common Confusion
ORDINANCE vs. BY-LAW: Bouvier notes that the two terms are largely interchangeable for municipal enactments, with "by-law" being technically more precise and still preferred in England and some American states. In corporate law, "by-law" refers instead to internal governance rules of a private corporation — a distinct concept. Context determines which meaning applies. ORDINANCE vs. RESOLUTION: Municipal governments also act by resolution, but a resolution typically addresses a specific, temporary, or administrative matter rather than creating a permanent rule of general applicability. The distinction affects whether judicial challenge, notice requirements, or preemption analysis applies. The line between the two is not always drawn consistently across jurisdictions. ORDINANCE vs. REGULATION: A regulation is typically issued by an executive or administrative agency under delegated authority; an ordinance is a legislative act of a municipal body. Both are subordinate to statute, but their procedural requirements and modes of challenge differ. ---
Why It Matters in Research
The single most important navigational fact: the word "ordinance" appears in legal sources spanning several centuries and means something different in each era. In colonial and early national records, any significant legislative act — including the Northwest Ordinance and various English parliamentary measures — may be called an ordinance. By the mid-19th century, American usage had largely settled into the municipal-law sense. Researchers working in pre-1850 sources must read "ordinance" in its broader legislative context. For modern municipal law research, the critical structural point is the hierarchy: ordinances sit below state statutes and state constitutional provisions. An ordinance that conflicts with state law is preempted. This preemption analysis — the subject of significant and ongoing litigation — is the area where ordinance research most frequently intersects with administrative law and constitutional law. Researchers should trace not just the text of an ordinance but its enabling legislation: the state charter or general municipal powers act that authorized the local body to act. Zoning ordinances, sign ordinances, and land-use regulations merit particular attention. These are among the most litigated municipal enactments and frequently raise First Amendment, takings, and equal protection questions that carry their own bodies of doctrine. Procedural traps in historical sources: older reporters sometimes do not clearly distinguish between an "ordinance," a "resolution," a "regulation," and an "order" of a municipal body. The label used in the source may not match the modern legal category. Check the enacting procedure and the subject matter, not just the title. ---
Historical Dictionary Support
The historical dictionaries converge on the core definition but differ instructively on emphasis and scope. Black's (1st ed.) captures the dual usage well: "a rule established by authority; a permanent rule of action; a law or statute" in the broad sense, narrowing to municipal enactments in the more limited modern sense. It also preserves a technical English parliamentary meaning — a bill that "might stand with the old law" and did not alter existing statutes, becoming complete by royal assent on the parliament roll — which has no modern American application but is essential context for English legal history research. Rapalje & Lawrence supply the most useful historical precision, quoting Coke directly: an ordinance "wanteth the threefold consent [of lords, commons and crown], and is ordained by one or two of them." This distinguishes ordinances from acts of Parliament in English constitutional law, a distinction that matters when reading English legal history but has no direct American analogue. Bouvier is notably practical and forward-looking, identifying the municipal sense as dominant and pointing out the equivalence with "by-law." His cross-references to the Ordinance of 1647 (Massachusetts great ponds), the Ordinance of 1648 (English admiralty), and the Ordinance of 1681 (French) illustrate how "ordinance" was applied to significant legislative instruments across different systems — useful orientation for comparative or admiralty research. Burrill ties the term to its Latin root (ordinatio) and old French form (ordynaunce), confirming the general sense of authoritative requirement or enactment in equity pleading contexts. What the historical sources collectively miss: they do not address preemption doctrine, which is now the dominant legal framework for evaluating the validity of municipal ordinances. That doctrine developed largely through 20th-century case law and is absent from all 19th-century dictionary sources. ---
Jurisdictional Note
In some states, "ordinance" is restricted by statute to legislative acts of cities, while counties and other units act by "resolution" or under different nomenclature. A handful of states continue to use "by-law" as the preferred term for municipal enactments. Internationally, "ordinance" retains broader legislative force — notably in Hong Kong, where it designates primary legislation enacted by the Legislative Council. ---
Encyclopedia Cross-Reference
Preemption of Local Ordinances by State and Federal Law (The Law Mind Administrative Law & Government Encyclopedia) Aesthetic Regulation and Sign Ordinances (The Law Mind Property Law Encyclopedia) ---
Related Terms
By-law — Resolution — Regulation — Statute — Municipal corporation — Home rule — Enabling act — Preemption — Zoning — Northwest Ordinance — Police power — Delegation of authority — Ultra vires
ORDINANCEmain
Black's Law Dictionary • 1891
A rule established by authority; a permanent rule of action; a law or statute. In a more limited sense, the term is used to designate the enactments of the legislative body of a municipal corporation. Strictly, a bill or law which might stand with the old law, and did not alter any statute in force at the time, and which became complete by the royal assent on the parliament roll, without any entry on the statute roll. A bill or law which might at any time be amended by the parliament, without any statute. Hale, Com. Law. An or- dinance was otherwise distinguished from a stat- ute by the circumstance that the latter required the threefold assent of king, lords, and commons, while an ordinance might be ordained by one or two of these constituent bodies. See 4 Inst. 25. or- The name has also been given to certain enactments, more general in their character than ordinary statutes, and serving as ganic laws, yet not exactly to be called “con- stitutions." Such was the "Ordinance for the government of the North-West Terri- tory," enacted by congress in 1787.
ORDINANCEmain
Black's Law Dictionary (2nd Ed.) • 1910
made, on a motion ‘in chancery, for the plaintiff to have an injunction to quiet his possession till the pears ee the cause. order, not being final, is interlocutory.” de la i rt bear f order. See MoNEY.—Oreder and disposition of goods and chattels. When goods are in thé “order and disposition” of a bankrupt, they go to his trustee, and have gone so since the time of James J. Wharton. er nisi. <A. provisional or conditional order, allowing a certain time within which to do some required act, on failure of which. the order will be made absolute —Order of discharge. In England. An order made under the bankruptcy act of 1869 by a court of bankruptcy, the effect of which s to discharge a bankrupt from all debts, claims, or demands rovable under the bankru tcy.—Order of filtion. An order made by a court or judge having jurisdiction, fixing the paternity of a bastard child upon a given man, and requiring him to.provide for its support.—Order of revivor. In English practice. An order as of course for the continuance of an abated suit. It superseded the bill of revivor.—Restrainsar order. In eanity: practice. An order which may issue upon e filing of an application for an injunction forbidding the defendant to do the threatened act until a hearing on the application can be had. ‘Though the term is sometimes used aS'a synonym of “injunction,” a restraining order is properly distinguishable from an snfunctlon: in that the former is inThis or any, such ermes tended only as a restraint upon the defendant until the propriety of granting an injunction. temporary or perpetual, can be determined, and it does no more than restrain the prusediugs until such determination. Wetzstein v. Boston, ete., Min. Co., 25 Mont. 135, 63 Pac. 1043; State v. Lichtenberg, 4 Wash. 407, 30 Pac. 716: Riggins v. Thompson, 96 Tex. 154, 71 8. W. 14. In English law, the term is specially applied to an order restraining the Bank of England, or any public company, from allowing any dealing with some stock or shares specified in the order. It is granted on motion or petition. Hunt. Eq. p. 216.—Speaking order. An order which contains matter which is explanatory or illustrative of the mere direction which is given by it is sometimes thus called. Duff v. Duff, 101 Cal. 1,35 Pac. 437.—Stop or~ der. The meaning of a stop order given to a broker is to wait until the market price of the particular security reaches a specified re, and then to “stop” the transaction by either selling or buying, as the case may be, as well as possible. Porter v. Wormser, 04 N. Y. 431. A rule established by authority; a permanent rule of action;.a iaw or statute. In a more limited sense, the term is used to designate the enactments of the legislative body of a municipal corporation. Citizens’ Gas Co. v. Elwood, 114 Ind. 3382, 16 N. E. 624; State v. Swindell, 146 Ind. 527, 45 N. E. 700, 58 Am. St. Rep. 375; Bills vy. Goshen, 117 Ind. 221, 20 N. B. 115, 38 L. R. A. 261; State v. Lee, 29 Minn. 445, 18 N. W. 9138. Strictly, a bill or law which might stand with the old law, and did not alter any statute in force at the time, and which became complete by the royal] assent on the parliamcnt roll, .without any entry on the statute roll. A bill or law which might at any time be amended by the rliament, without any statute. Hale, Com. w. An ordinance was otherwise distinguished from a statute by the circumstance that the latter uired the threefold assent of king, lords, and commons, while an ordinance might pe jorcetnes by one or two of these constituent jes. See 4 Inst. 25. The name has also been given to certain enactments, more general in their character than ordinary statutes, and serving as organic laws, yet not exactly to be called “constitutions.” Such was the “Ordinance for the government of the North-West Territory,’”’ enacted by congress in 1787.
ORDINANCEmain
Rapalje & Lawrence • 1883
-According to Coke, "the difference between an act of parliament and an ordinance in parliament, is, for that the ordinance wanteth the threefold consent [of lords, commons and crown], and is ordained by one or two of them." (4 Inst. 25; Co. Litt. 159b.) Асcording to other writers, an ordinance was in the nature of a declaration by the crown in answer to a petition by the commons, on a question as to the law applicable to a given case, while a statute was an enactment of new law. Reeves Hist. Eng. Law ch. xvi.; Bac. Abr. Statute (A). ORDINANCE, (defined). 4 Crim. L. Mag. 81.
ORDINANCEn.
Websters Unabridged Dictionary (1913) • 1913
Orderly arrangement; preparation; provision. [Obs.] Spenser. They had made their ordinance Of victual, and of other purveyance. Chaucer. A rule established by authority; a permanent rule of action; a statute, law, regulation, rescript, or accepted usage; an edict or decree; esp., a local law enacted by a municipal government; as, a municipal ordinance. Thou wilt die by God's just ordinance. Shak. By custom and the ordinance of times. Shak. Walking in all the commandments and ordinances of the Lord blameless. Luke i. 6. An established rite or ceremony. Rank; order; station. [Obs.] Shak. Ordnance; cannon. [Obs.] Shak.
ordinancenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A local law, passed by e.g. a city. | An edict or decree, authoritative order. | Prior to the Third English Civil War, a decree of Parliament. | An edict or decree, authoritative order. | Detailed legislation that translates the broad principles of the university's charter and statutes into practical effect. | An edict or decree, authoritative order. | A law enacted by the Hong Kong Legislative Council. | An edict or decree, authoritative order. | A temporary legislation promulgated by the president on the recommendation of the cabinet. | A religious practice or ritual prescribed by a church. | Alternative form of ordnance (“military equipment, especially artillery”).

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In