Chapter 1.01
CODE ADOPTION
Sections:
1.01.020 Title, citation and reference.
1.01.050 Codification authority.
1.01.070 Title, chapter and section wording, headings and/or catch lines.
1.01.080 Reference applies to all amendments.
1.01.090 Citations to ordinances.
1.01.100 Effect of code on past actions and obligations.
1.01.120 Inconsistent ordinances.
1.01.010 Adoption.
There is hereby adopted the “Myrtle Creek Municipal Code” as revised, reformatted, indexed, codified, compiled, edited, and published by Code Publishing Company, Seattle, Washington. [Ord. 792 § 1, 2013].
1.01.020 Title, citation and reference.
This code shall be known as the Myrtle Creek Municipal Code. It shall be sufficient to refer to said code as the Myrtle Creek Municipal Code or the MCMC or the Myrtle Creek Code in any prosecution for the violations of any provision thereof or in any proceeding at law or in equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part thereof as an addition to, amendment to, correction of or repeal of the city of Myrtle Creek Code or Myrtle Creek Municipal Code or the MCMC. Further reference may be had to the titles, chapters, sections and subsections of the code and such references shall apply to those numbered titles, chapters, sections or subsections as they appear in the code. [Ord. 792 § 2, 2013].
1.01.030 Purpose of code.
The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote substantial justice. [Ord. 792 § 3, 2013].
1.01.040 Proof of ordinances.
Copies of such code in published form shall be received as the ordinances of permanent and general effect of the city of Myrtle Creek without further proof by all courts and administrative tribunals of the state. [Ord. 792 § 4, 2013].
1.01.050 Codification authority.
Code Publishing Company shall have the following specific authority as to editing, rearranging, and/or grouping of ordinances:
(1) Editing ordinances to the extent deemed necessary or desirable for the purpose of modernizing and clarifying the language of such ordinances, but without changing the substance or meaning of any such ordinance;
(2) Substituting for the term “this ordinance,” where necessary, the term “section,” “part,” “code,” “chapter,” or “title,” or reference to specific section or chapter numbers, as the case may require;
(3) Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or typographical errors, additions, or omissions;
(4) Dividing long sections into two or more sections and rearranging the order of sections to ensure a logical arrangement of subject matter;
(5) Changing the wording of section captions, if any, and providing captions to new chapters and sections;
(6) Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the legislative intent. [Ord. 792 § 5, 2013].
1.01.060 Authority of recorder and Code Publishing to make minor editorial corrections to amendments, updates, and revisions.
The purpose of this section is to grant nonsubstantive editorial authority to format future ordinances, amendments, and revisions to this code so that textual changes are uniform to the provisions of this code.
(1) The city recorder and/or Code Publishing Company shall provide for a uniform style and form of the Myrtle Creek Municipal Code by making minor corrections or revisions to any ordinances submitted for filing which do not affect their sense, meaning, effect or substance.
(2) Such changes include renumbering, relettering, capitalizing, punctuating, dividing provisions of the code, providing new headings and catch lines, or correcting omissions or captions.
(3) The city recorder or Code Publishing Company may substitute a current title of an agency, bureau, committee, or commission to conform to changes to titles or duties enacted by law or ordinance.
(4) The city recorder or Code Publishing Company may substitute references to a title, chapter, or section of the Myrtle Creek Municipal Code to conform to changes to the Douglas County Code enacted by ordinance.
(5) The city recorder or Code Publishing Company may also make minor editorial changes consistent with those outlined in MCMC 1.01.050.
(6) Changes are subject to the approval of the Myrtle Creek city attorney. [Ord. 792 § 6, 2013].
1.01.070 Title, chapter and section wording, headings and/or catch lines.
Title, chapter and section wording, headings and/or catch lines contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this code. [Ord. 792 § 7, 2013].
1.01.080 Reference applies to all amendments.
Whenever a reference is made to this code as the Myrtle Creek Municipal Code or to any portion thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. [Ord. 792 § 8, 2013].
1.01.090 Citations to ordinances.
Reference to the Myrtle Creek Municipal Code in documents and matters of record prior to the effective date of the ordinance codified in this chapter shall be construed to apply to the corresponding provisions of the code adopted in this chapter. [Ord. 792 § 9, 2013].
1.01.100 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment of any ordinance or part or portion of any ordinance shall affect the prosecution for ordinance violations that were committed prior to the effective date of this code adoption. The adoption of this code shall not be construed as a waiver of any license, fee, penalty, debt, forfeiture or obligation due and unpaid to the city or state on the date this code takes effect. All rights, fines, entitlements, duties, and proceedings existing pursuant to any ordinance on the date of the adoption of this code shall remain in effect unless specifically repealed in this code adoption. No bonds or cash required to be posted, filed or deposited pursuant to any ordinance shall in any way be made invalid by this code adoption. [Ord. 792 § 10, 2013].
1.01.110 Effect of repeal.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. [Ord. 792 § 11, 2013].
1.01.120 Inconsistent ordinances.
All general ordinances of the city that are inconsistent with this code are hereby superseded, rather than repealed, and in the event any portion of this code is for any reason found or held to be invalid, the superseded ordinance shall be revitalized and shall prevail. [Ord. 792 § 12, 2013].
1.01.130 Severability.
If any section, subsection, sentence, 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 council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases have been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. [Ord. 792 § 13, 2013].