Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.030 Interpretation of language.
1.04.040 Grammatical interpretation.
1.04.060 Prohibited acts include causing and permitting.
1.04.090 Effect of repeal of code sections and ordinances.
1.04.010 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 a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
“City” and “town” each mean the city of Lincoln City, Oregon, or the area within the territorial limits of the city of Lincoln City, Oregon, and such territory outside the city of Lincoln City over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
“Council” means the city council of the city of Lincoln City. “All its members” or “all councilors” means the total number of councilors holding office.
“County” means the county of Lincoln.
“Handicapped person” means a person who, temporarily or permanently, is affected by any of the following disabilities:
1. An ambulatory disability because of which a person:
a. Is so severely physically and permanently disabled as to be unable to move from place to place without the aid of a wheelchair,
b. Is not able to cross curbs because of paralysis or loss of function of the person’s legs,
c. Is missing one or both legs, or
d. Has a permanently impaired or unsteady gait that makes it impossible or impractical to walk as a means of transportation;
2. Loss or loss of function of one or both legs or significant limitation in the use of the legs;
3. Inability to be mobile without the use of a wheelchair or other assistance device;
4. Respiratory disability that makes use of walking as a means of transportation impossible or impractical;
5. Cardiovascular disability that makes use of walking as a means of transportation impossible or impractical.
In order to qualify for any privileges granted by city ordinances to handicapped persons, the city may require that the individual provide certification from a licensed physician that the person is a handicapped person as defined above.
“Law” means and denotes applicable federal law, the Constitution and statutes of the state of Oregon, the ordinances of the city of Lincoln City, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
“May” is permissive.
“Month” means a calendar month.
“Must” and “shall” are each mandatory.
“Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
“Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land.
“Person” includes a 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.
“Personal property” means and includes money, goods, chattels, things in action and evidences of debt.
“Preceding” and “following” mean next before and next after, respectively.
“Property” includes real and personal property.
“Real property” includes lands, tenements and hereditaments.
“Sidewalk” means that portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.
“State” means the state of Oregon.
“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the 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 the state.
“Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
“Written” includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.
“Year” means a calendar year. (Ord. 88-12 § 1)
1.04.020 Title of office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Lincoln City. (Ord. 88-12 § 2)
1.04.030 Interpretation of language.
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 88-12 § 3)
1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in this code, unless it is apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 88-12 § 4)
1.04.050 Acts by agents.
When an act is required by this code, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 88-12 § 5)
1.04.060 Prohibited acts include causing and permitting.
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. (Ord. 88-12 § 6)
1.04.065 General penalty.
A. Violation of any provision of this code, including any official rule or regulation authorized to be established by resolution or order pursuant to this code, is unlawful and an offense against the city. Unless a different penalty is specified for an offense in this code or in the appropriate resolution or order, such violation shall be enforced as a Class B violation and is subject to citation as provided in Chapter 1.16 LCMC.
B. In addition to any fine imposed, any violation of a provision of this code, including a rule or regulation established by resolution or order, shall be subject to recovery of administrative enforcement costs.
C. In addition to any fine imposed, any violation of a provision of this code, including a rule or regulation established by resolution or order, which violation causes damage to city property, shall require full restitution for all damages caused by the violation.
D. Nothing in this section shall prohibit the criminal prosecution of violators who cause damage to city property when violating a code provision. (Ord. 2015-10 § 3; Ord. 2013-18 § 1)
1.04.070 Computation of time.
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or a city recognized state or federal holiday, in which case it shall also be excluded. (Ord. 2015-10 § 4; Ord. 88-12 § 7)
1.04.080 Construction.
The provisions of this code and all proceedings thereunder are to be construed with a view to effect their objects and to promote justice. (Ord. 88-12 § 8)
1.04.090 Effect of repeal of code sections and ordinances.
Repeal of a code section or ordinance shall not revive a code section or ordinance in force before or at the time the repealed code section or ordinance took effect. The repeal shall not affect a punishment or penalty incurred before the repeal took effect nor a suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the repealed code section or ordinance. (Ord. 88-12 § 9)