Loading...
HomeMy WebLinkAbout6298ORDINANCE NO. 6 2 9 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 1.04 OF THE AUBURN CITY CODE - GENERAL PROVISIONS - RELATING TO AMENDMENTS TO EXISTING PROVISIONS WHEREAS, the current provisions of the Auburn City Code identify the rules and regulations adopted by City ordinance and subject to periodic review; and WHEREAS, because of the complexity and variety of issues included in the City Code, there are times when one provision of the City Code could affect other provisions of the City Code, and it may not be necessary to amend both provisions of the City Code even though they may be related or connected to similar topics; and WHEREAS, in order to address the interaction between existing and amending provisions of the City Code, and to ensure that the intention of the City Council is recognized, it is appropriate to insert into the provisions of the City Code language that speaks to the effect of subsequent amendments and the effect of amending language in City ordinances; and WHEREAS, it is also appropriate to empower the City Clerk, as Code Reviser for the City, to assure that the language of City Code provisions, when amended, are given the intended effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: ORDINANCE NO. 6298 March 4, 2010 Page 1 of 6 Section 1. Amendment to Citv Code. That Chapter 1.04 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 1.04 GENERAL PROVISIONS Sections: 1.04.010 Definitions. 1.04.020 Grammatical interpretation. 1.04.024 Effect of subsequent amendments. 1.04.026 Changes expressly marked. 1.04.030 Prohibited acts include causing, permitting and related acts. 1.04.040 Construction. 1.04.050 Repeal shall not revive any ordinances. 1.04.010 Definitions. A. The following words and phrases, whenever used in the ordinances of the city of Auburn, Washington, shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specially defined and more particularly directed to the use of such words or phrases. 1. "City" means the city of Auburn, Washington, or the area within the territorial limits of the city of Auburn, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. 2. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded. 3. "Council" means the city council of Auburn, Washington. "All its members" or "all councilmen" means the total number of councilmen provided by the general laws of the state of Washington. 4. "County" means the appropriate county of King or Pierce, Washington. 5. "Law" denotes applicable federal law, the Constitution and statutes of the state of Washington, the ordinances of the city of Auburn and, when appropriate, any, and all rules and regulations which may be promulgated thereunder. 6. "May" is permissive. 7. "Month" means a calendar month. 8. "Must" and "shall." Each is mandatory. 9. "Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." ORDINANCE NO. 6298 March 4, 2010 Page 2 of 6 10. "Ordinance" means a law of the city; provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution. 11. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. 12. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. 13. "Personal property" includes money, goods, chattels, things in action and evidences of debt. 14. "Preceding" and "following" mean next before and next after, respectively. 15. "Property" includes real and personal property. 16. "Real property" includes lands, tenements and hereditaments. 17. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. 18. "State" means the state of Washington. 19. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. 20. "Tenant" and "occupant," applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. 21. Title of Officer. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. 22. "Written" includes printed, typewritten, mimeographed or multigraphed. 23. "Year" means calendar year. B. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. C. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principat, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 5212 § 1(Exh. A), 1999; Ord. 2905 § 1, 1976.) 1.04.020 Grammatical interpretation. The following grammatical rules shall apply in the ordinances of the city: ORDINANCE NO. 6298 March 4, 2010 Page 3 of 6 A. Gender. The masculine gender includes the feminine and neuter genders. B. Singular and Plural. The singular number includes the plural and the plural includes the singular. C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 2905 § 2, 1976.) 1.04.024 Effect of subsequent amendments. ~ Unless the context expressly provides otherwise it is the express intent of the City Council that in the event a subsequent ordinance refers to or amends a section or subsection of the Auburn Citv Code or a previously enacted ordinance that is amended or recodified therein, but the later ordinance fails to account for the change made by the initial or earlier ordinance or code provisions, the twa sets of provisions shall be qiven effect together if at all possible. The Citv Clerk, as code reviser for the City, is authorized to include lanquage in the Auburn Citv Code clarifyingthe provisions to accomplish the intended effect. 1.04.026 Chanqes expressly marked. It is the express intent of the City Council that when provisions are being amended by City ordinances chanqes ta the Auburn City Code or uncodified ordinances shall be shown by strikinq out text to be deleted and underlininq text ta be added The City Clerk as code reviser for the City, is authorized to include lanquage in the Auburn Citv Code clarifyinq the provisions to accomplish the intended effect. 1.04.030 Prohibited acts include causing, permitting and related acts. Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 2905 § 3, 1976.) 1.04.040 Construction. The provisions of the ordinances of the city and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 2905 § 4, 1976.) 1.04.050 Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 2905 § 5, 1976.) ORDINANCE NO. 6298 March 4, 2010 Page 4 of 6 Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: MAR 1 5'2010 PASSED: MAR 15 2010 A ATTEST: 4s\" EL", Danielle E. Daskam, City Clerk ORDINANCE NO. 6298 March 4, 2010 Page 5 of 6 PETER B. LEWIS MAYOR APPROVED AS TO FORM: niel B. Heid; MAR 1$ 20 Published: ORDINANCE NO. 6298 March 4, 2010 Page 6 of 6