Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 How code designated and cited.
1.04.020 Definitions and rules of construction.
1.04.030 Provisions considered as continuations of existing ordinances.
1.04.040 Effect of repeal of ordinances.
1.04.050 Catchlines of sections.
1.04.060 Severability of code.
1.04.070 Adoption of modifications to code.
1.04.010 How code designated and cited.
All ordinances embraced in this and the following chapters and sections shall constitute and be designated “The Code of the City of Valdez, Alaska,” and may be so cited. Such Code may also be cited as the “Valdez City Code.” (Prior code § 1-1)
1.04.020 Definitions and rules of construction.
In the construction of this code and all other ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:
Action. The word “action” includes any matter or proceeding in a court, civil or criminal.
City. The words “the city” or “this city” shall be construed as if followed by the words “of Valdez, Alaska.”
City administrator. Whenever the words “city administrator” are used, they shall be construed to mean the city manager.
Code. The words “the Code” or “this Code” means “The Code of the City of Valdez, Alaska.”
Computation of time. The time within which an act is required to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or legal holiday in which case the last day shall be the next succeeding business day.
Council or city council. Whenever the words “council” or “city council” are used, they shall be construed to mean the city council of the city of Valdez, Alaska.
Day. A day is the period of time between any midnight and the midnight following.
Daytime, nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
Gender. The masculine gender includes the feminine and neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.
In the city. The words “in the city” or “in this city” mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
Month. The word “month” means a calendar month.
Number. The singular number includes the plural, and the plural number includes the singular.
Oath. “Oath” means and includes affirmation or declaration.
Officers, employees, offices, departments, boards and commissions. Whenever any officer, employee, office, department, board or commission is referred to, it shall mean an officer, employee, office, department, board or commission of the city, unless the context clearly indicates otherwise.
Or, and. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.
Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of such building or land, or vendee in possession under a land sale contract.
Person. “Person” includes corporations, companies, associations, firms, partnerships, organizations, business trusts or societies, as well as individuals.
Personal property. “Personal property” includes every species of property except real property.
Preceding, following. The words “preceding” and “following” mean next before and next after, respectively.
Process. “Process” means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
Property. The word “property” means and includes real and personal property.
Real property and land. The words “real property” and “land” mean and include land, buildings, structures, improvements and fixtures on land, and all possessory rights and privileges appertaining to it.
Registered mail. When the use of “registered mail” is authorized or required, certified mail with return receipt requested may be used.
Shall, may. “Shall” is mandatory and “may” is permissive.
Signature or subscription by mark. “Signature” or “subscription” includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
State. The words “the state” or “this state” shall be construed to mean the state of Alaska.
Tenses. The present tense includes the past and future tenses, and the future includes the present.
Tract. “Tract” means and includes land or parcels of land which may be separately assessed.
Week. A week consists of seven consecutive days.
Writing. Writing includes printing.
Year. The word “year” shall mean a calendar year, except where otherwise provided. (Prior code § 1-2)
1.04.030 Provisions considered as continuations of existing ordinances.
The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments. (Prior code § 1-3)
1.04.040 Effect of repeal of ordinances.
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution, or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (Prior code § 1-4)
1.04.050 Catchlines of sections.
The catchlines of the several sections of this code are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, is amended or reenacted. (Prior code § 1-5)
1.04.060 Severability of code.
The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Prior code § 1-6)
1.04.070 Adoption of modifications to code.
A. In the event a new title, chapter, article, section, or subsection, not heretofore existing in the code, is to be added, substantially the following language shall be used: “That the Valdez City Code is hereby amended by adding a new ______ to be numbered ________ which shall read as follows: . . .” The new addition shall then be set out in full as desired, except that the council by ordinance may adopt by reference a standard code of regulations or a portion of the statutes of the state of Alaska.
B. Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section or subsection number of this code in substantially the following language: “That ___________ is hereby amended to read as follows: “. . . .” The new provisions shall then be set out by showing the entire section or subsection of the existing code provision being amended, with the deleted portions being stricken and the new words and punctuation to be redlined. If the new words and deleted words are next to each other, the new words shall occur first. Notwithstanding the foregoing, any ordinance may be drafted to repeal or reenact a provision of law without the use of the deletion and insertion format described in this subsection when that format renders the changes unduly complicated or confusing. In such a case, the ordinance shall be accompanied by a copy of the existing text of the affected section.
C. In the event of adoption of any amendments in the format specified in subsection B of this section, when the ordinance is prepared for inclusion in the code, all underlining and all brackets and all material within the brackets shall be deleted so that the code will then reflect only the wording effective after the amendment.
D. All titles, chapters, articles, sections or subsections desired to be repealed shall be specifically repealed by title, chapter, article, section of subsection number or other designation as the case may be. (Ord. 94-17; prior code § 1-8)
1.04.080 Revising code.
The city clerk may edit and revise the ordinances for codification without changing the meaning of any ordinance. The city clerk, subject to the review by the city attorney, may make the following editorial revisions during the codification process:
A. Renumber sections, parts of sections, articles, chapters and titles;
B. Change the wording or catchlines and change or provide new titles for articles, chapters and titles;
C. Change capitalization, format, tense for the purpose of uniformity;
D. Substitute the proper designation for the terms, “the preceding section,” “this ordinance” and like terms;
E. Strike out figures if they are merely a repetition of written words or vice versa or substitution figures for written words or vice versa for the purpose of uniformity;
F. Correct manifest errors which are clerical, typographical, or errors in spelling, grammar or errors by way of additions or omissions;
G. Correct manifest errors in reference to laws, ordinances or other sections of this code. (Prior code § 1-9)