Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.020 Definitions and rules of construction.
1.05.030 Effect of repeal or amendment.
1.05.040 Severability of parts of code.
1.05.050 Section titles not part of law.
1.05.070 Amendment and repeal of code sections.
1.05.080 Interest on money owed City.
1.05.090 Offenses outside City limits.
1.05.100 Right of entry for inspection.
1.05.010 Code designated.
All ordinances included in this and the following chapters shall constitute and be designated the “Monmouth City Code” and will be referred to as “code.” (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.005.)
1.05.020 Definitions and rules of construction.
The following definitions and rules of construction apply to the code, unless inconsistent with the intent of the Council or the context clearly requires otherwise:
“City” means Monmouth, Oregon.
“Code” means the code of Monmouth, Oregon.
Computation of Time. The time within which an act is to be done is computed by excluding the first day and including the last unless the last day falls upon a legal holiday as defined in ORS 187.010 and 187.020 or on Saturday, in which case the last day is also excluded.
“Council” means Council of the City of Monmouth.
“County” means Polk County, Oregon.
“Day” means the period of time between any midnight and the midnight following.
“Days” means a calendar day, except when “working days” is used.
Daytime – Nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
“Department, board, commission, office, officer or employee” means a department, board, commission, office, officer or employee of the City.
Gender. The masculine gender includes the feminine and neuter.
“Manager” means the City Manager or the Manager’s designee.
“Minor” means a person under the age of 18 years, unless otherwise stated.
“Month” means a calendar month, except where otherwise provided.
Number. The singular number includes the plural, and the plural the singular.
Official Time. Whenever certain hours are named, they mean the standard of time as set out in ORS 187.110.
“ORS” means Oregon Revised Statutes.
“Owner” means a fee title owner, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of the building or land, or vendee in possession under a land sale contract.
“Peace officer” means a member of the Oregon State Police, a sheriff, constable, marshal, or municipal police officer or other municipal officer or employee charged with the responsibility of enforcing municipal ordinances.
“Person” means an individual, corporation, association, firm, partnership or joint stock company, joint venture, club, company, business trust, governmental subdivision, or public or private organization of any kind, or the manager, lessee, agent, servant, officer, or employee of any of them.
“Personal property” means every species of property, except real property, as defined in this section.
“Process” means a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
“Property” means both real and personal property.
“Real property” means lands, tenements and fixtures to land.
“Recorder” means the City Recorder or the City Recorder’s designee.
Shall, Must and May. “Shall” and “must” are mandatory, and “may” is permissive.
Singular – Plural. The singular number may include the plural and the plural number, the singular.
“State” means the State of Oregon.
“Tenant or occupant” means a person holding a written or an oral lease of, or who occupies, all or a part of a building or land, either alone or with others.
Tenses. The present tense includes the past and future tenses, and the future includes the present.
“To” means “to and including” when used in reference to a series of sections of this code or when reference is made to ORS.
“Week” means seven consecutive days.
“Working days” means the days the City is officially open for business: Monday through Friday, excluding official holidays.
“Writing” includes any form of information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. When a notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.
“Year” means a calendar year, except where otherwise provided. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.010.)
1.05.030 Effect of repeal or amendment.
The repeal or amendment of an ordinance or code section shall not revive an ordinance or code section in force before or at the time the repealed provision took effect. The repeal or amendment of an ordinance or code section shall not affect a punishment or penalty incurred before the repeal or amendment took effect, nor a suit, prosecution or proceeding pending at the time of the repeal or amendment, for an offense committed under the provision repealed or amended. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.020.)
1.05.040 Severability of parts of code.
It is hereby declared to be the intention of the Council that the sections, subsections, paragraphs, sentences, clauses and phrases of this code are severable; and if any phrase, clause, sentence, paragraph, subsection or section of this code is declared by any court of competent jurisdiction to be unconstitutional or invalid, the judgment shall not affect the validity of the remaining portions of this code. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.025.)
1.05.050 Section titles not part of law.
Section titles in this code are not part of the substance of the code. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.030.)
1.05.060 Construction.
The provisions of this code and all proceedings under it are to be construed with a view to effecting its objectives and promoting justice. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.035.)
1.05.070 Amendment and repeal of code sections.
This code is the general and permanent law of the City. The Council may enact three types of general ordinances to affect this code: (1) to amend the code to change existing provisions; (2) to add new provisions to the code; or (3) to repeal existing code provisions. A general ordinance shall specifically amend or repeal a particular section of this code, and a general ordinance creating a new code section shall integrate the new section into the numbering system and organization of this code. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.040.)
1.05.080 Interest on money owed City.
Interest on money owed to the City shall be at the rate of nine percent unless otherwise expressly provided by ordinance, resolution, policy or contract. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.042.)
1.05.090 Offenses outside City limits.
When permitted by Oregon law, an act made unlawful by this code shall constitute an offense when committed on property owned or leased by the City, even though outside the corporate limits of the City. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.045.)
1.05.100 Right of entry for inspection.
(1) Except as otherwise provided in this code, when necessary to make an inspection to enforce an ordinance or resolution, or when there is reasonable cause to believe an ordinance or resolution violation exists in a building or upon premises within the jurisdiction of the City, an authorized official of the City may, upon presentation of proper credentials, enter the building or premises at all reasonable times to inspect or to perform any duty imposed on the official by ordinance.
(2) Except in emergency situations or when consent of the owner and/or occupant has been otherwise obtained, the official shall give the owner and/or occupant, if they can be located after reasonable effort, 24 hours’ written notice of the official’s intention to inspect.
(3) The notice to the owner and/or occupant shall state that the property owner has the right to refuse entry and that if entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate.
(4) If the owner and/or occupant refuses entry after a request has been made, the official may seek assistance from any court of competent jurisdiction in obtaining the entry. (Ord. 1313, § 1, April 16, 2013. Code 1983 § 9.057.)