Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Title – Citation – Reference.
1.01.020 Reference applies to amendments.
1.01.030 Codification authority.
1.01.040 Title, chapter and section headings.
1.01.050 Reference to specific ordinances.
1.01.060 Effect of code on past actions and obligations.
1.01.070 Inconsistent ordinances superseded.
1.01.085 Repeal shall not revive any ordinances.
1.01.005 Adoption of code.
Pursuant to the provisions of RCW 35A.21.130 and RCW 35.21.500 through 35.21.570, there is adopted the Bainbridge Island Municipal Code as contained in that certain copy on file in the office of the city clerk. (Ord. 84-15 § 2, 1984)
1.01.010 Title – Citation – Reference.
It shall be sufficient to refer to this code in any prosecution for the violation of any provision of this code or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion of this code as an addition to, amendment to, correction of, or repeal of the Bainbridge Island Municipal Code. Reference may be made to the titles, chapters, sections and subsections of this code and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. (Ord. 2003-24 § 1, 2003: Ord. 84-15 § 2, 1984)
1.01.020 Reference applies to amendments.
Whenever a reference is made to this code or to any portion of this code, or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions to the code or ordinance presently existing or made in the future. (Ord. 2003-24 § 2, 2003: Ord. 84-15 § 2, 1984)
1.01.030 Codification authority.
This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the city, codified pursuant to RCW 35A.21.130 and 35.21.500 through 35.21.570. (Ord. 84-15 § 2, 1984)
1.01.040 Title, chapter and section headings.
Title, chapter and section headings 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. 2003-24 § 3, 2003: Ord. 84-15 § 2, 1984)
1.01.050 Reference to specific ordinances.
The provisions of this code shall not in any manner affect documents or other matters of record that refer to ordinances that are specifically designated by number or otherwise, and that are included in this code. Such reference shall be construed to apply to the corresponding provisions contained in this code. (Ord. 2003-24 § 4, 2003: Ord. 84-15 § 2, 1984)
1.01.060 Effect of code on past actions and obligations.
The adoption of this code and the repeal or amendment of any ordinance or portion of any ordinance of the city by the adoption of this code shall not in any manner (A) affect the prosecution for violations of ordinances that were committed prior to the effective date of the ordinance codified in this chapter, (B) be construed as a waiver of any license, fee or penalty due and unpaid on the effective date of the ordinance codified in this chapter, (C) be construed as affecting any of the provisions of an ordinance relating to the collection of any such license, fee, or penalty, or (D) affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations under the bond or cash deposit shall continue in full force and effect. (Ord. 2003-24 § 5, 2003: Ord. 84-15 § 2, 1984)
1.01.070 Inconsistent ordinances superseded.
All general ordinances of the city inconsistent with this code are superseded, rather than repealed. If 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. 2003-24 § 6, 2003: Ord. 84-15 §, 1984)
1.01.080 Exclusions.
Every special ordinance of the city governing the following subject matter, whether contained in whole or in part in this code, is excluded from the operation and effect of BIMC 1.01.070: Annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, device, license or other benefit; provided, that the foregoing list shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. (Ord. 2003-24 § 8, 2003: Ord. 84-15 § 2(part), 1984)
1.01.085 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause in the ordinance or revive any ordinance that was repealed by the repealing clause. (Ord. 2003-24 § 9, 2003)
1.01.090 Severability.
If any term, phrase, sentence, or provision of this code shall, to any extent, be held invalid or unenforceable by a valid order of any court or regulatory agency, the remainder of this code shall be valid and enforceable in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision that had been held invalid or unenforceable is no longer invalid or unenforceable, said provision shall return to full force and effect without further action by the city. If, as determined by the city upon appropriate legal advice, or applicable court decision, any term, phrase, sentence, or provision of this code imposes a requirement that is prohibited by applicable federal or state law, or prohibits an action that must be allowed under applicable federal or state law, then any such term, phrase, sentence, or provision shall be construed to not impose the requirement that is prohibited by valid federal or state laws or not to prohibit the action that must be allowed under valid federal or state law. (Ord. 2003-24 § 10, 2003: Ord. 84-15 § 2, 1984)