Chapter 1.01 CODE ADOPTION

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption, amendment and repeal.

A. There is hereby adopted the Brookings Municipal Code which consists of the ordinances of the city that have ongoing effect and which have not expired according to their own terms.

B. This code may be cited as the Brookings Municipal Code.

C. This code may be amended by reference to code section without the necessity of referring to the underlying ordinance.

D. New ordinances may be added to the code, and if an ordinance is enacted with a numbering system that is inconsistent with the code numbering system, the city clerk is authorized to assign an appropriate code number and to codify the ordinance accordingly.

E. The repeal of any code section does not revive the original text of the code section, but rather, repeal of an existing section repeals the underlying ordinance section and all of its amendments. [Ord. 06-O-572 § 1.]

1.01.020 Repeal of certain ordinances.

The following general ordinances or sections of ordinances of the city are hereby repealed:

Ord. 51-O-004, Section 4(D);

Ord. 51-O-013, Sections 3, 4, 5, 6, 15, 19, 29, 30, 34, 35, 37, 38, 39, 40, 41, 42, 44, 45, 48, 51, 55, 56, 62, 64, 68, 69, 70, 72, 73, 86, 92;

Ord. 52-O-012.A;

Ord. 52-O-025;

Ord. 52-O-031, Section 6;

Ord. 53-O-052;

Ord. 54-O-056, Section 9;

Ord. 55-O-070;

Ord. 57-O-105;

Ord. 57-O-106;

Ord. 58-O-112;

Ord. 58-O-115;

Ord. 59-O-134, Sections 4, 11;

Ord. 61-O-157, Sections 10(D), 12, 17, 41, 64;

Ord. 64-O-178;

Ord. 66-O-184 to the extent that it amends Ord. 51-O-013, Section 19;

Ord. 66-O-185;

Ord. 66-O-190, Sections 10, 28(C);

Ord. 79-O-309, Sections 14, 16;

Ord. 79-O-315;

Ord. 79-O-324;

Ord. 80-O-348;

Ord. 84-O-387, Sections 5, 12;

Ord. 86-O-406, Section 7(D);

Ord. 88-O-432, Sections 10, 28(C);

Ord. 89-O-439;

Ord. 89-O-446, Sections 1(1.010), 8 (definition of “condominium”), 128, 132;

Ord. 89-O-450, Sections 4, 5;

Ord. 90-O-115.A;

Ord. 90-O-190.A;

Ord. 90-O-387.A, Section 3;

Ord. 91-O-477, Section 15;

Ord. 97-O-115.B;

Ord. 00-O-535, Section 22(C)(5). [Ord. 06-O-572 § 1.]

1.01.030 Reservation of prosecutions.

The adoption of this code shall not affect any prosecution for violations of ordinances, which violations were committed prior to the effective date of the adoption of the municipal code, nor shall the adoption of the municipal code be construed as a waiver of any license, fee, or penalty due and owing at the effective date of the code adoption, nor shall adoption affect the validity of any bond or cash deposited with the city pursuant to the terms of any ordinance, upon its codification; but rather, all rights and obligations pertaining under ordinances in effect prior to codification shall remain in full force and effect. [Ord. 06-O-572 § 1.]

1.01.040 Severability.

If any section, subsection, 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 city declares that it would have enacted this code, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. [Ord. 06-O-572 § 1.]