Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.030 Application to future ordinances.
1.05.060 Rules of interpretation.
1.05.080 Reference to other sections.
1.05.090 Reference to offices.
1.05.100 Errors and omissions.
1.05.140 Ordinances unaffected.
1.05.150 Deleted.
1.05.160 Repeal or modification of ordinance.
1.05.170 Ordinances which amend or supplement code.
1.05.180 Deleted.
1.05.190 Amendment to the Charter.
1.05.010 Title of code.
This codification of ordinances by and for Newberg shall be designated as the Newberg Municipal Code and may be so cited. [Code 2001 § 10.01.]
1.05.020 Interpretation.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law. [Code 2001 § 10.02.]
1.05.030 Application to future ordinances.
All provisions of this title compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided. [Code 2001 § 10.03.]
1.05.040 Captions.
Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. [Code 2001 § 10.04.]
1.05.050 Definitions.
A. General Rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
B. Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Article” means a division of a chapter, designated in this code by a heading in the chapter digest and a heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have articles.
“City,” “municipal corporation,” or “municipality” means the City of Newberg, Oregon.
“City” means the City of Newberg as a community comprised of its citizens.
“City engineer” means the duly appointed official or, if such official does not exist, a designated engineer or firm of engineers charged with engineering responsibilities.
“Code,” “this code” or “this code of ordinances” means this municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
“County” means Yamhill County, Oregon.
“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons (excluding household employees) who need not be related by blood or marriage, living together in a dwelling unit. “Family” may include two or more people with disabilities, as defined in the Fair Housing Amendments Act of 1988, living as a single housekeeping unit.
“May” means that the act referred to is permissive.
“Month” means a calendar month.
“Oath” means an affirmation 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.”
“Officer,” “office,” “employee,” “commission,” or “department” means an officer, office, employee, commission, or department of this city unless the context clearly requires otherwise.
“Person” extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms “person” or “whoever,” as applied to any unincorporated entity, shall mean the partners or members of the entity, and as applied to corporations, the officers or agents of the corporation.
“Preceding” or “following” means next before or next after, respectively.
“Shall” means that the act referred to is mandatory.
“Signature” or “subscription” includes a mark when the person cannot write.
“State” means the State of Oregon.
“Written” means any representation of words, letters, or figures, whether by printing or otherwise.
“Written” means correspondence in the form of letters or emails received.
“Year” means a calendar year, unless otherwise expressed. [Ord. 2733 Att. A, 2-7-11. Code 2001 § 10.05.]
1.05.060 Rules of interpretation.
The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
A. “And” or “Or.” Either conjunction shall include the other as if written “and/or,” if the sense requires it.
B. Acts by Assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
C. Gender – Singular and Plural – Tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
D. General Term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. [Code 2001 § 10.06.]
1.05.070 Severability.
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. [Code 2001 § 10.07.]
1.05.080 Reference to other sections.
Whenever in one section reference is made to another section, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered. [Code 2001 § 10.08.]
1.05.090 Reference to offices.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. [Code 2001 § 10.09.]
1.05.100 Errors and omissions.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error. [Code 2001 § 10.10.]
1.05.110 Official time.
The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all city business. [Code 2001 § 10.11.]
1.05.120 Reasonable time.
A. In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, “reasonable time or notice” shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
B. The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day falls on a Saturday, Sunday, or holiday, it shall be excluded. [Ord. 2733 Att. A, 2-7-11. Code 2001 § 10.12.]
1.05.130 Ordinances repealed.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code. [Code 2001 § 10.13.]
1.05.140 Ordinances unaffected.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication. [Code 2001 § 10.14.]
1.05.150 Effective date of ordinances.
Deleted during 2011 recodification. [Code 2001 § 10.15.]
1.05.160 Repeal or modification of ordinance.
A. Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
B. No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
C. When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided. [Code 2001 § 10.16.]
1.05.170 Ordinances which amend or supplement code.
A. If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
B. Any ordinance which the legislative body proposes to add to the existing code as a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication as may appear in the text of the proposed ordinance, the legislative body shall see to it that a caption or title shall be shown in concise form above the ordinance. [Code 2001 § 10.17.]
1.05.180 Section histories – Statutory references.
Deleted during 2011 recodification. [Code 2001 § 10.18.]
1.05.190 Amendment to the Charter.
A. An amendment of the city Charter may be proposed and submitted to the electors of the city by resolution of the city council without an initiative petition.
B. No amendment to the Charter shall be effective until it is approved by a majority of the votes cast by the electors of the city. [Ord. 2617, 1-18-05. Code 2001 § 10.19.]
1.05.200 General penalty.
Whenever any ordinances prohibit the doing or the omission of doing an act, and such act is declared to be a breach, and no fine or penalty is named in such ordinance for the breach, any person found in violation of such ordinance shall have committed a city Class 4 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. [Ord. 2163, 4-1-85; Ord. 895, 3-25-40. Code 2001 § 10.99.]
Cross-reference: Uniform civil infraction procedure, see Chapter 2.30 NMC.