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HomeMy WebLinkAbout1438 OrdinanceORDINANCE NO. 1438 AN ORDINANCE ADOPTING A MUNICIPAL CODE FOR THE CITY OF PASCO, TO BE KNOWN AS THE "PASCO MUNICIPAL CODE", AS PREPARED BY BOOK PUBLISHING COMPANY, PROVIDING AUTHORITY FOR THE CODIFICATION OF CITY ORDINANCES, PROVIDING DEFINITIONS AND GRAMMATICAL INTERPRETATION, CERTAIN EXCLUSIONS, AND PENALTIES FOR THE VIOLATION OF ALL PROVISIONS OF SAID CODE. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Title--Citation--Reference. This code shall be known as the "Pasco Municipal Code" and it shall be sufficient to refer to said code as the "Pasco Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Pasco Municipal Code." Further, reference may be had to the titles, chapters, sections and subsections of the "Pasco Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. Section 2. Reference Applies to Amendments. Whenever a reference is made to this code as the "Pasco Municipal Code" or to any portion thereof, or to any ordinance of the City of Pasco, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. Section 3. Definitions. The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is intended, or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases: (1) "City" shall mean the. city of Pasco, Washington, or the area within the territorial city limits of the City of Pasco and such territory outside of this city over which the city has jurisdiction or control by virtue of any Constitutional provisions, or any law. (2) "Council" shall mean the city council of the city of Pasco, Washington. (3) "County" shall mean the county of Franklin. (4) "Health officer" shall mean any person designated as such by the Benton -Franklin District Health Office, or any other person designated as such by the City Council. (5) "Oath" includes affirmation. (6) "Office". The use of the title of any officer, employee, or any office, or ordinance shall mean such officer, employee, office or ordinance of the city of Pasco, Washington, unless otherwise specifically designated. (7) "Person" shall mean 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. (8) "Shall" and "must". Each is mandatory. (9) "May" is permissive. (10) "Street" shall include 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. (11) "Written" shall include printed, typewritten, mimeographed or multigraphed. Section 4. Grammatical Interpretation. The following grammatical rules shall apply in this code: (1) Gender. Any gender includes the other genders. (2) Singular and plural. The singular number includes the plural and the plural includes the singular. (3) Tenses. Words used in the present tense include the past and the future tenses and vice versa. . (4) Use of words and phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. Section 5. Construction. The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. Section 6. Title, Chapter and Section Headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. Section 7. Reference toS.pecific Ordinances. The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. Section 8. Codification Authority. This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the city of Pasco, Washington, codified pursuant to RCW 35. 21. 500 through 35. 21. 570. Section 9. Effect of Code on Past Actions and Obligations. Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. Section 10. 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. Section 11. Repeal. All general ordinances of the city of Pasco not included in this code or excluded from the operation and effect of this section are hereby repealed. Section 12. Exclusions. Every special ordinance of this city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Section 11 and is not affected by the repeal provisions hereof. Annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, devise, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. Section 13. Violations- -Penalty-.-. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, unless provision is otherwise herein made, shall upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. Section 14. Prohibited Acts Including Causing, Permitting, Etc. Whenever in this code 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. Section 15. Effective Date. This code shall become effective on the date the ordinance adopting this code as the "Pasco Municipal Code" shall become effective. Section 16. Constitutionality. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. Section 17. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by'the City Council and APPROVED as provided by law this day of ��-• 1970. Approved as t(5 -form: D Wayne C pbell City Attorney Mayor