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