Council sends large code cross-reference update to town attorney for legal review before reading

Harpers Ferry’s Ordinance Review Committee presented a draft ordinance on June 9 that would amend numerous code cross references and update citations in the town’s codified ordinances. Councilmembers expressed concern about whether using an ordinance to update cross references is the proper legal mechanism and asked the town attorney to review the proposal before the ordinance is formally read or adopted.

Councilmember Roberta, who led the ORC effort, said the draft corrects hundreds of cross-reference errors accumulated over time and will be inserted into the town's master codified ordinance once adopted. Other council members urged caution: a town legal adviser and council members said historically some cross-reference changes are handled administratively or via resolution rather than by ordinance, and that inserting cross references in an ordinance can change the legal effect of the referenced sections if done incorrectly.

Council voted to send ordinance 2025-O1 for legal review focused on the mechanism by which the cross-reference changes would be applied, rather than a full line-by-line review of every change. The motion instructs the town attorney to review whether the proposed approach (an ordinance effecting text amendments and cross-reference insertions) is appropriate and whether the changes could be made administratively or via resolution. The review will occur before the ordinance is scheduled for formal reading and council consideration.

Councilmembers praised the volunteer work that produced the draft and asked staff to forward the document and a summary of the intended method of codification to the town attorney. The council did not adopt the ordinance on June 9 and requested the attorney’s guidance on next steps and legal form.