A bylaw (sometimes also spelled by-law or byelaw) most commonly refers to a city or municipal law or ordinance, passed under the authority of a charter or provincial/state law specifying what things may be regulated by the municipality. A charter is the grant of authority or rights stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified
The main difference between a bylaw and a "law" passed by a federal, state or provincial body, is that a bylaw is a regulation passed by a non-sovereign body, which derives its authority from another governing body. A Gold Sovereign is a Gold coin first issued in 1489 for Henry VII of England and still in production as of 2008 A municipal government gets its power to pass laws through a charter or a law of the state/provincial or federal government which specifies what things the city may regulate through bylaws. Similarly, a business or corporate body also gets its ability to pass bylaws relevant to its operation from some law or act passed by some public body for the purpose of regulating corporate activities.
A common mnemonic device for remembering the typical articles in bylaws is NOMOMECPA, pronounced "No mommy, see pa!" It stands for Name, Object, Members, Officers, Meetings, Executive board, Committees, Parliamentary authority, Amendment. [1]
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Etymology
The term was originally the Viking town law in the Danelaw. The Danelaw, as recorded in the Anglo-Saxon Chronicle (also known as the Danelagh; Old English: Dena lagu; Danish: Contrary to popular etymology the element by has nothing to do with the preposition by. It is the Old Norse word for larger settlement as in Whitby and Derby (compare with the modern Danish-Norwegian word "by" meaning town, or the modern Swedish word "by", meaning village). Old Norse is the North Germanic language that was spoken by inhabitants of Scandinavia and inhabitants of their overseas settlements during the Viking Age Whitby is a historic town and Civil parish in the Scarborough district of North Yorkshire on the north-east coast of England. Derby (pronounced "dar-bee" /dˈɑːbɪ/ is a city in the East Midlands of England.
Municipal vs. other uses of the word
An important distinction must be made: although organizational, corporate or institutional bylaws share the same name as municipal ones, and both types of bylaws are enacted by non-sovereign bodies, municipal bylaws are public regulatory laws not unlike acts and statutes of a state or federal government, inasmuch as they apply to everyone living, working or passing through a municipality. Corporate and organizational bylaws regulate only the organization to which they apply. Another key difference is that municipal bylaws frequently set out what things can and cannot be done in a municipality (such as where vehicles may park or stop), as well as respond to a specific need (such as a bylaw to borrow emergency funds) in addition to establishing operational procedures and setting out the form and design of a city government or operation. Corporate or organizational bylaws are generally only of the operational sort, setting out the form, manner or procedure in which a company or organization should be run. Since a company can enact changes through executive decisions, such as the borrowing of emergency funds, bylaws serve the primary function of "incorporating" rules, laying the groundwork for the rules of operation of an organization. Thus, corporate or organizational bylaws serve a similar function within a company or organization as a constitution would in a national government, whereas municipalities frequently use bylaws as a method of enactment of decisions. Since municipalities generally have an incorporation document, such as a charter, or are subject to a municipal charter passed by the sovereign body regulating it and all the other cities in that province, cities would not use bylaws as incorporation or establishment regulations.
Therefore, within its jurisdiction and specific to those areas mandated by the higher body, a municipal bylaw is no different than any other law of the land, and can be enforced with penalties, challenged in court and must comply with other laws of the land, such as the country's constitution or the Charter of Rights. For this reason, a municipal bylaw is frequently enforced through the public justice system, and offenders can be charged under the relevant offense laws, in a "quasi-criminal" fashion; corporate or business bylaws are rules within the realm of civil law. Most common bylaws include parking & stopping regulations, animal control, building and construction, licensing, noise, zoning and business regulation. The word bylaw is more frequently used in this context in Canada and some Commonwealth countries, whereas in the United States, the words code, ordinance or regulation are more frequent. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The English noun commonwealth dates from the fifteenth century. The United States of America —commonly referred to as the Accordingly, a Bylaw enforcement officer is the Canadian equivalent of the American Code Enforcement Officer or Municipal Regulations Enforcement Officer. A bylaw enforcement officer is a law enforcement employee of a municipality county or regional district charged with the enforcement of non-criminal Bylaws, rules laws codes
Corporate bylaws
A bylaw is a rule governing the internal management of an organization, such as a business corporation. Bylaws cannot countermand governmental law.
In a business situation, bylaws are drafted by a corporation's founders or directors under the authority of its Charter or Articles of Incorporation. A charter is the grant of authority or rights stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified The Articles of Incorporation (sometimes also referred to as the Certificate of Incorporation or the Corporate Charter) are the primary rules governing the management Bylaws widely vary from organization to organization, but generally cover topics such as how directors are elected, how meetings of directors (and in the case of a business, shareholders) are conducted, and what officers the organization will have and a description of their duties.
Bylaws generally can be amended by an organization's Board of Directors.
In parliamentary procedure, particularly Robert's Rules of Order, the bylaws are generally the supreme governing document of an organization, superseded only by the charter of an incorporated society. Parliamentary procedure is the body of Rules Ethics, and Customs governing meetings and other operations of Clubs Organizations Robert's Rules of Order is the informal short title of a book containing Rules of order intended to be adopted for use by a Deliberative assembly. An organization (or organisation &mdash see spelling differences) is a social arrangement which pursues collective goals which controls its own performance and A charter is the grant of authority or rights stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified Incorporation (abbreviated Inc in US and Canadian business names is the forming of a new Corporation (a corporation being a legal entity A society is a Population of Humans characterized by patterns of relationships between individuals that share a distinctive Culture and Institutions The bylaws contain the most fundamental principles and rules regarding the nature of the organization. It was once common practice for organizations to have two separate governing documents, a constitution and bylaws, but this has fallen out of favor because of the ease of use, increased clarity, and reduced chance of conflict inherent in a single, unified document. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity This single document, while properly referred to as the bylaws, is often referred to as a constitution or a constitution and bylaws. Unless otherwise provided by law, the organization does not formally exist until bylaws have been adopted.
Local bylaws
In the public law of some jurisdictions, bylaws are codes and regulations adopted by and governing matters within the purview of sub-state entities, such as parking, zoning, and retail business licensing. See: ordinance. A local ordinance is a Law usually found in a municipal code.
Local union bylaws
Trade unions ordinarily have constitutions, which govern activities of the international office of the union as well as how it interfaces with its locals. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity The locals themselves can set up their own bylaws to set out internal rules for how to conduct activities.
References
- ^ Robert, Henry M. (2000). Robert's Rules of Order Newly Revised, 10th ed. , p. 553-562
See also
A charter is the grant of authority or rights stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified The Articles of Incorporation (sometimes also referred to as the Certificate of Incorporation or the Corporate Charter) are the primary rules governing the managementDapyx Software network: MP3 Explorer | Ebook Manager | Zenithic