CITY ATTORNEYS OFFICE

CITY HALL, 435 RYMAN

MISSOULA, MT 59802
Phone: (406) 523-4614
Fax: (406) 327-2105

LEGAL OPINION

2002-006
TO:

Mike Kadas, Mayor; City Council; Janet Stevens,

Administrative Officer; Department/Division Heads

FROM :

Jim Nugent, City Attorney

DATE

January 18, 2002

RE:

Legal distinction between an ordinance and a resolution

Chief

FACTS:
During city council discussion and consideration of the Missoula CityCounty Health Department herbicide report, inquiry has arisen concerning the
difference between an ordinance and a resolution.
ISSUE:
1.

What is a municipal city council ordinance?

2.

What is a municipal city council resolution?

CONCLUSION:
1. A municipal ordinance is a rule, law or statute adopted by a
municipal legislative body. A municipal ordinance generally
means that a municipal act is adopted that has the force and
effect of a law, the violation of which may be enforced in city
municipal court. Ordinances go into effect 30 days after
adoption, unless they are enacted as an emergency ordinance.
2. A resolution is a formal expression of the opinion or will of an official
municipal body adopted by a vote. Pursuant to Montana statute, a
resolution may be a statement of policy by the municipal

governing body (city council) or an order of the municipal governing

body that a specific action be taken. Resolutions go into effect
immediately upon adoption.
LEGAL DISCUSSION:
Blacks Law Dictionary (7th ed.) at 901 defines ordinance to mean: [a]n
authoritative law or decree; esp., a municipal regulation. Municipal
governments can pass ordinances on matters that the state government allows
to be regulated at the local level.
Blacks Law Dictionary (6th ed.) at 1097 defines ordinance to mean:
Ordinance: A rule established by authority; a permanent rule of
action; a law or statute. In its most common meaning, the term is
used to designate the enactments of the legislative body of a
municipal corporation. It designates a local law of a municipal
corporation, duly enacted by the proper authorities, prescribing
general, uniform, and permanent rules of conduct relating to the
corporate affairs of the municipality. Morris v. Town of Newington,
36, Conn.Sup. 74, 411 A.2d 939, 943. An ordinance is the
equivalent of a municipal statute, passed by the city council, or
equivalent body, and governing matters not already covered by
federal or state law.
Ordinances commonly govern zoning,
building, safety, etc. matters of municipality.
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.
Blacks Law Dictionary (6th ed.) at 1018 defines Municipal
Ordinance as meaning:
Municipal ordinance. A law, rule, or ordinance enacted or
adopted by a municipal corporation for the proper conduct of its
affairs or the government of its inhabitants; e.g. zoning or traffic
ordinances, building codes. Particularly a regulation under a
delegation of power from the state.
Blacks Law Dictionary (7th ed.) at 1052 defines resolution to mean: [a]
formal expression of an opinion, intention or decision by an official body or
assembly (esp. a legislature).

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Blacks Law Dictionary (6th ed.) at 1310 and 1311 defines

resolution as meaning:
Resolution. A formal expression of the opinion or will of an official
body or a public assembly, adopted by vote; as a legislative
resolution. Such may be either a simple, joint or concurrent
resolution.
The term is usually employed to denote the adoption of a motion,
the subject-matter of which would not properly constitute a
statute, such as a mere expression of opinion; an alteration of the
rules; a vote of thanks or of censure, etc. Such is not law but
merely a form in which a legislative body expresses an opinion.
Baker v. City of Milwaukee, 271 Or. 500, 533 P.2d 772, 775.
The chief distinction between a resolution and a law is that the
former is used whenever the legislative body passing it wishes
merely to express an opinion as to some given matter or thing and
is only to have a temporary effect on such particular thing, while
by a law it is intended to permanently direct and control matters
applying to persons or things in general.
....
Ordinance distinguished. Resolution denotes something less
formal than ordinance; generally, it is mere expression of opinion
or mind of council concerning some matter of administration,
within its official cognizance, and provides for disposition of
particular item of administrative business of a municipality; it is
not a resolution, order and motion. City of Salisbury v. Nagel,
Mo.App., 420 S.W.2d 37, 43. (Emphasis added)
The Legislature has defined the municipal government terms ordinance
and resolution in Title 7, chapter 1, part 41 MCA pertaining to general
municipal government provisions of law in subsection 7-1-4121 MCA setting
forth numerous municipal government general definitions. Subsections 7-14121(12) and (22) MCA provide:
7-1-4121.
General Definitions. As used in 7-1-4121
through 7-1-4149, unless otherwise provided, the following
definitions apply:
....

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(12) Ordinance means an act adopted and approved by a

municipality, having effect only within the jurisdiction of the local
government.
(22)
Resolution means a statement of policy by the
governing body or an order by the governing body that a specific
action be taken. (Emphasis added)
Note that with respect to the statutory definition of ordinance in 7-14121(12) MCA there also exist authorizations for municipal ordinances to be
effective and enforced outside a municipality in specified circumstances. For
example 7-4-4306 MCA (five miles extraterritorial power for health and
quarantine ordinances); 7-15-4403 MCA (municipal housing authority within
10 miles of city limits); 7-21-4201(2) MCA (license, tax and regulate circuses
and shows of like character up to 3 miles beyond the city limits); 7-21-4210
MCA (regulation of dance houses within 3 miles of city limits); 7-31-4101
MCA (city board of health jurisdiction extends outside the city within 3 miles of
the city); 7-32-4301(2) and (3) MCA (a city council may authorize city police
to arrest persons charged with crime within 5 miles of the city or along the line
of water supply of the city); 7-32-4302 MCA (power to prevent and punish
disturbances of the peace such as fights, riots, loud noises, disorderly conduct,
obscenity with in 3 miles of the city); 7-33-4205 MCA (power to regulate and
prevent the storage or handling of gun powder, giant powder, nitroglycerine,
other flammable explosives or materials, tar, pitch, kerosene, oils and
turpentine within 3 miles of the city limits); 50-60-314 MCA (municipal
jurisdiction area outside city limits for building code enforcement); 76-2310(1) MCA (extension of municipal zoning and subdivision regulations up to 3
miles beyond the city limits if the county has not adopted zoning or subdivision
regulations for the land area).
It should also be noted that numerous provisions in Montanas
municipal government statutes direct that municipal city council action shall
occur pursuant to city council adoption of a resolution of intention or a
resolution. For example several methods of annexation in Title 7, chapter 2,
MCA; Title 7, chapter 12, parts 41 and 42; contractual extra work caused by an
alteration or modification to an agreement; 7-5-4308 and 7-5-4308(2) MCA;
adoption of final municipal budgets pursuant to 7-6-4267 MCA; some urban
renewal actions of the city council, 7-15-4210 and 7-15-4216 MCA; and
resolution of intention to adopt, revise or reject a proposed municipal growth
policy.
Finally, it should also be noted that pursuant to statute, generally
resolutions become effective immediately; whereas ordinances generally go into
effect 30 days after adoption unless enacted as an emergency ordinance.

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Section 7-5-4203 MCA provides:

7-5-4203. Effective date of ordinances and resolutions. (1) An
ordinance passed by the council of any city or town may not become
effective until 30 days after its passage except:
(a) General appropriation ordinances providing for the ordinary
and current expenses of the city or town; and
(b) Emergency measures.
(2) A resolution is immediately effective unless a delayed effective
date is specified in the resolution. (Emphasis added)
Also, 7-5-105 and 7-5-123 MCA provide:
7-5-105. Effective date of ordinance. No ordinance other
than an emergency ordinance shall be effective until 30 days after
second and final adoption. The ordinance may provide for a
delayed effective date or may provide for the ordinance to become
effective upon the fulfillment of an indicated contingency.
7-5-123. Effective date of resolution. All resolutions shall
be immediately effective unless a delayed effective date is specified.
Sections 7-5-104 and 7-5-4204 MCA pertain to city council
emergency ordinances which must be adopted by at least a 2/3 vote of
the entire city council and are only effective for 90 days.
CONCLUSION:
1. A municipal ordinance is a rule, law or statute adopted by a
municipal legislative body. A municipal ordinance generally
means that a municipal act is adopted that has the force and
effect of a law, the violation of which may be enforced in city
municipal court. Ordinances go into effect 30 days after
adoption, unless they are enacted as an emergency ordinance.
2. A resolution is a formal expression of the opinion or will of an official
municipal body adopted by a vote. Pursuant to Montana statute, a
resolution may be a statement of policy by the municipal governing
body (city council) or an order of the municipal governing body that a
specific action be taken. Resolutions go into effect immediately upon
adoption.

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OFFICE OF THE CITY ATTORNEY

/s/
Jim Nugent, City Attorney
JN:kmr
pc:
Legal Staff
City Council File

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