HomeMy WebLinkAbout4427 OrdinanceORDINANCE NO. gy2-7
AN ORDINANCE of the City of Pasco, Washington,
amending Pasco Municipal Code Chapter 1.01 "Code" and
thereby adopting a new codification of the City's ordinances
WHEREAS, Section 35.21.520 of the Revised Code of Washington allows a city that
causes to be prepared a codification of its ordinances to adopt such codification by enacting an
ordinance adopting such codification as the official code of the city, provided the procedure and
requirements of Section 35.21.500 through 35.21.570 of the Revised Code of Washington are
complied with; and
WHEREAS, the City of Pasco has caused Code Publishing Company of Seattle,
Washington to prepare a new codification of the City's ordinances including a renumbering of
various chapters and sections, and correcting manifest errors, additions, and omissions, and other
changes; and
WHEREAS, a printed copy of the codification prepared by Code Publishing Company of
Seattle, Washington is filed with the office of the City Clerk, in compliance with Section 35.21.530
of the Revised Code of Washington; and
WHEREAS, the City Council of the City of Pasco properly gave notice of a public hearing
on March 3, 2019 that was scheduled for March 18, 2019 at 7:pm at Pasco City Hall, in compliance
with Section 35.21.530 of the Revised Code of Washington; and
WHEREAS, the City Council of the City of Pasco did hold a public hearing in that same
time and place pursuant to the notice; and
WHEREAS, the City of Pasco has complied with the procedure and requirements of
Section 35.21.500 through 35.21.570 of the Revised Code of Washington; and
WHEREAS, the City Council of the City of Pasco desires to adopt the new codification
of the City's ordinances as filed with the office of the City Clerk, and to amend Chapter 1.01 of
the Pasco Municipal Code accordingly; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 1.01 of the Pasco Municipal Code titled "Code" shall be and
hereby is amended and shall read as follows:
1.01.010 Codification — Title — Citation — Reference.
( 1) There is hereby adopted the recodified "Pasco Municipal Code," as revised, reformatted.
indexed, edited and re -published by Code Publishing Company of Seattle, Washin on.
Ordinance Amending Chapter 1.01 - 1
Q This cede Code shall be known as the "Pasco Municipal Code" and it shall be sufficient to
refer to the cede Code as the "Pasco Municipal Code" or the "CiIX Code" or the "Pasco City Code"
or the "Municipal Code" or the "PMC" 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 Bede Code.
(3) The last ordinance included in the original Code is [Ordinance XYZLpassed December
[XY] 2018. The following ordinances, passed subsequent to [Ordinance XYZ], but prior to
adoption of this Code. are hereby adopted and made a part of this Code: [Ordinance ABC
[OrdinanceDEF]. [Ord. 1438 § 1, 1970; Code 1970 § 1.01.010.]
1.01.020 Reference applies to amendments.
Whenever a reference is made to this eerie Code as the "Pasco Municipal Code" or the "Cid Code"
or the "Pasco Cite Code" or the "Municipal Code" or the "PMC" 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. [Ord. 1438 § 2, 1970; Code 1970 §
1.01.020.]
1.01.030 Definitions.
The following words and phrases, whenever used in this Bede Code, shall be construed as defined
in this section unless from the context a different meaning is intended, or unless different meaning
is specifically declined and more particularly directed to the use of such words or phrases:
"City" means 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;
"Council" means the City Council of the City of Pasco, Washington;
"County" means the County of Franklin;
"Health officer" means any person designated as such by the Benton -Franklin District Health
Office, or any other person designated as such by the City Council;
"Oath" includes affirmation;
"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;
Ordinance Amending Chapter 1.01 - 2
"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;
"Shall" and "must." Each is mandatory;
"May" is permissive;
"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;
"Written" includes printed, typewritten, mimeographed or multi -graphed. [Ord. 1438 § 3, 1970;
Code 1970 § 1.01.030.]
1.01.040 Grammatical interpretation.
The following grammatical rules shall apply in this cede 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 cede Code and not specifically
defined shall be construed according to the context and approved usage of the language. [Ord.
1438 § 4,1970; Code 1970 § 1.01.040.]
1.01.050 Construction.
The provisions of this code Code and all proceedings under it are to be construed with a view to
effect its objects and to promote justice. [Ord. 1438 § 5, 1970; Code 1970 § 1.01.050.]
1.01.060 Title, chapter and section headings.
Title, chapter and section headings contained h in this Code 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. [Ord. 1438 § 6, 1970; Code 1970 § 1.01.060.]
1.01.070 Reference to specific ordinances.
The provisions of this sole 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
Ordinance Amending Chapter 1.01 - 3
designated by number or otherwise and which are included within the code Code, but such
reference shall be construed to apply to the corresponding provisions contained within this cede
Code. [Ord. 1438 § 7,1970; Code 1970 § 1.01.070.]
1.01.080 Codification authority.
This Bede 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. The City Manager or his or her designee is hereby authorized to revise. index,
reformat and re -publish such as this Code of ordinances in accordance with RCW 35.21.500.
[Ord. 1438 § 8,1970; Code 1970 § 1.01.080.]
1.01.090 Effect of Bode Code on past actions and obligations.
Neither the adoption of this Bode 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 heFeef of the adoption
of this Code, 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. [Ord. 1438 § 9, 1970;
Code 1970 § 1.01.090.]
1.01.100 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. 1438 § 10, 1970; Code 1970 § 1.01.100.1
1.01.110 Repeal.
All general ordinances of the City of Pasco not included in this Bode Code or excluded from the
operation and effect of this section are hereby repealed, subject to the provisions of § 1.01.090 and
1.01.120 of this Code. [Ord. 1438 § 11, 1970; Code 1970 § 1.01.110.]
1.01.120 Exclusions.
Every special ordinance of this City governing the following subject matter, whether contained in
whole or in part within this eede Code, is excluded from the operation and effect of PMC 1.01.110
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, device, 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. [Ord.
1438 § 12,1970; Code 1970 § 1.01.120.1
Ordinance Amending Chapter 1.01 - 4
1.01.130 Violations — Penalty.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this ewe Code. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this code Code, except for traffic infractions under the
Washington Model Traffic Ordinance as adopted by the City of Pasco and for such violations
specifically noted in this Bede Code as a "civil infraction," shall upon conviction of a gross
misdemeanor, be punished by a fine of not more than $5,000, or by imprisonment for a period of
not more than 364 days, or by both such fine and imprisonment or upon conviction of a
misdemeanor, be punished by a fine of not more than $1,000, or by imprisonment for a period of
not more than 90 days, or by both such fine and imprisonment. Each such person is guilty of a
separate offense for each and every day during any portion of which any violation of any provision
of this cede Code is committed, continued, or permitted by such person and shall be punished
accordingly. In addition to the penalties herein above provided, any condition caused or permitted
to exist in violation of the provisions of this code 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. [Ord. 4019, 2011; Ord. 3481 § 1, 2001; Ord. 2743 § 1,
1989; Ord 2593 § 1,1986; Ord. 2549 § 6, 1985; Ord. 2391 § 1, 1982; Ord. 1438 § 13, 1970; Code
1970 § 1.01.130.]
1.01.140 Prohibited acts including causing, permitting, etc.
Whenever in this eede 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.
[Ord. 1438 § 14,1970; Code 1970 § 1.01.140.1
1.01.150 Criminal attempt.
(1) A person is guilty of an attempt to commit crime, if, with intent to commit a specific crime,
he or she does any act which is a substantial step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a
crime, it is no defense to a prosecution of such attempt that the crime charged to have been
attempted was under the attendant circumstances, factually or legally impossible of commission.
(3) An attempt to commit a crime is a misdemeanor. [Ord. 3481 § 2, 2001; Ord. 2613 § 1,
1986; Code 1970 § 1.01.145.1
1.01.160 Criminal conspiracy/solicitation.
(1) A person is guilty of criminal conspiracy/solicitation when, with intent that conduct
constituting a crime be performed, he or she agrees with or encourages or solicits one or more
persons to engage in or cause the performance of such conduct, and any one of them takes a
substantial step in pursuance of such agreement or conduct.
Ordinance Amending Chapter 1.01 - 5
(2) It shall not be a defense to criminal conspiracy/solicitation that the person or persons with
whom the accused is alleged to have conspired:
(a) Has not been prosecuted or convicted; or
(b) Has been convicted of a different offense; or
(c) Is not amenable to justice; or
(d) Has been acquitted; or
(e) Lacks the capacity to commit an offense.
(3) Criminal conspiracy/solicitation is a misdemeanor. [Ord. 3481 § 3, 2001; Ord. 2694 § 1,
1988; 1970; Code 1970 § 1.01.146.]
1.01.170 Effective date.
This Fede Code shall become effective April 1, 2019 [Ord. 1438 § 15, 1970; Code 1970 §
1.01.150.]
1.01.180 Constitutionality.
If any section, subsection, sentence, clause or phrase of this cede Code is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this eede Code. The Council hereby declares that it would have passed this cede 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, then the original ordinance or ordinances shall be in full force and effect. [Ord.
1438 § 16,1970; Code 1970 § 1.01.160.]
1.01.190 Judicial appeals.
(1) Appeals from the final decision of the Hearing Examiner, or other City board or
administrative body involving the Pasco Municipal Code and for which all other appeals
specifically have been timely exhausted, shall be made to the Franklin County Superior Court as
an appeal on the administrative record within 21 days of the date of the decision or action became
final, unless another applicable appeal process or time period is established by this code Code.
(2) Notice of the appeal and any other pleadings required to be filed with the court shall be
served as required by law within the applicable time period.
(3) The cost of transcribing and preparing all records ordered certified by the court or desired
by the appellant for such appeal shall be borne by the appellant. The record of the proceedings
shall be prepared by the City or such qualified person as it selects. [Ord. 3877, 2008; Code 1970
§ 1.01.170.]
Ordinance Amending Chapter 1.01 - 6
Section 2. This Ordinance shall take full force and effect on April 1, 2019, which is
more than five (5) days after its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this 18th day of March, 2019.
` 1
Matt Watkins; Mayor
G�'-Aey RCLIOley
ATTEST:
Ci Cl
Ordinance Amending Chapter 1.01 - 7
APPROVED AS TO FORM:
i
Kerr Ferguson Law, PLLC, City Attorney