Chapter 1.05
CODE AND ORDINANCES

Sections:

1.05.010    Official designation.

1.05.020    Severability.

1.05.030    Amendments.

1.05.040    Judicial notice.

1.05.050    Conflict of laws.

1.05.060    Application.

1.05.070    Utah Code.

1.05.010 Official designation.

Upon adoption by the West Point city council, the Ordinances of West Point City, Utah, as revised, compiled and herein set forth are to be and shall hereafter constitute the official West Point city ordinances. The first number in these ordinances shall be known and designated as the title number, the second number as the chapter number and the third number as the section number. [Code 2000 § 1-1-1].

1.05.020 Severability.

If any section, subsection, sentence, clause, or phrase of these ordinances is for any reason held to be unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. [Code 2000 § 1-1-2].

1.05.030 Amendments.

These ordinances may be amended from time to time in accordance to and in compliance with the laws of the state of Utah and the ordinances of West Point City made and provided in such cases. Such amendments may be made by repealing, adding to, deleting from or otherwise altering or changing any part of these ordinances. [Code 2000 § 1-1-3].

1.05.040 Judicial notice.

Upon passage, this code shall thereafter be received without further proof in all courts of law and equity and in all administrative tribunals of this state and in all United States federal courts as the official ordinances of West Point City of general and permanent effect. [Code 2000 § 1-1-4].

1.05.050 Conflict of laws.

Whenever anything in these ordinances or amendments thereto shall be or become in conflict with any provision or provisions of the laws of the state of Utah or the United States, such provision shall be deemed to be repealed and to be of no effect for such period as such law so in conflict therewith shall remain in effect, and such law shall govern. [Code 2000 § 1-1-5].

1.05.060 Application.

A. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of these ordinances, and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.

B. A separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.

C. In all cases where the same offense is made punishable or is created by different clauses or sections of these ordinances the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. [Code 2000 § 1-1-6].

1.05.070 Utah Code.

All provisions of the Utah Code which impose a mandatory duty or responsibility upon cities of the third class are hereby adopted by reference, incorporated herein, and shall be considered a part of this West Point City Code. Such adoption by reference shall include any future amendments or enactments which may be adopted by the Utah State Legislature. [Code 2000 § 1-1-7].