Chapter 1.01
CODE ADOPTION1
Sections:
1.01.020 Title – Citation – Reference.
1.01.030 Reference applies to amendments, additions.
1.01.040 Title, chapter and section headings.
1.01.050 Codification authority.
1.01.070 Grammatical interpretation.
1.01.080 Prohibited acts include causing, permitting, etc.
1.01.100 Reference to specific ordinances.
1.01.110 Effect of code on past actions and obligations.
1.01.120 Repeal shall not revive any ordinances.
1.01.010 Generally.
Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the “Buckley Municipal Code” as published by Book Publishing Company, Seattle, Washington. (Ord. 823 § 1, 1971).
1.01.020 Title – Citation – Reference.
This code shall be known as the “Buckley Municipal Code” and it shall be sufficient to refer to said code as the “Buckley Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Buckley Municipal Code.” Further, reference may be had to the titles, chapters, sections and subsections of the “Buckley Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 823 § 2, 1971).
1.01.030 Reference applies to amendments, additions.
Whenever a reference is made to the Revised Code of Washington or to statutes or portions thereof, to this code as the “Buckley Municipal Code” or to any portion thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections, revisions, additions and supplementations thereto, now or hereafter made, unless a code provision specifically excludes such changes. (Ord. 992 § 1, 1980; Ord. 823 § 3, 1971).
1.01.040 Title, chapter and section headings.
Title, chapter and section headings contained herein 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 hereof. (Ord. 823 § 4, 1971).
1.01.050 Codification authority.
The code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to RCW 35.21.500 through 35.21.570. (Ord. 823 § 5, 1971).
1.01.060 Definitions.
The following words and phrases whenever used in the municipal code or ordinances of the city 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:
(1) “City” or “town” means the city of Buckley, Washington, or the area within the territorial limits of the city of Buckley, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provisions;
(2) “City administrator” means the individual or his/her designated representative appointed by the mayor to oversee day-to-day operations of the city;
(3) “City engineer” means the engineer appointed as such by the city or his/her designated representative;
(4) “City inspector” means the employee or agent designated by the city to inspect permitted work;
(5) “City property” means any real property owned by the city, whether in fee or other ownership estate of interest;
(6) “Council” means the city council of the city of Buckley, Washington. “All its members” or “all council members” means the total number of council members provided by the general laws of the state of Washington;
(7) “County” means the county of Pierce;
(8) “Day” means a calendar day, unless otherwise stated in ordinance;
(9) “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, but not limited to, damage to persons, property, or environment from natural or manmade consequences, such as storms, earthquakes, riots or wars;
(10) “Hearing examiner” means the city of Buckley hearing examiner as established in Chapter 2.35 BMC;
(11) “Law” denotes the federal and state constitutions’ rules and regulations; the ordinances of the city of Buckley, Washington; and any conditions or other requirements imposed by any permit, license or approval of a government agency;
(12) “May” means the action is acceptable, provided it conforms to the provisions of this code;
(13) “Must” and “shall” each mean a mandate; the action must be done;
(14) “Oath” includes affirmation;
(15) “Ordinance” means a law of the city; provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution;
(16) “Permit” means a document issued by the city granting permission to engage in an activity not allowed without a permit;
(17) “Permit center” means the city building and planning office;
(18) “Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local government unit however designated, association, club, company, corporation, business, trust, or the manager, lessee, agent, servant, officer or employee of any of them;
(19) “State” means the state of Washington;
(20) “Stop work order” means an oral directive or a written notice posted at the site of activity that requires all work to be stopped until the city approves continuation of work;
(21) “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this 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 this state;
(22) “Written” includes handwriting, typewriting, emailing, printing, photostating, and photographing and does not include forms of communication that are not likely to be retained for any significant period of time by the city. (Ord. 11-19 § 1, 2019; Ord. 04-16 § 1, 2016; Ord. 09-12 § 2, 2012; Ord. 905 § 1, 1976; Ord. 823 § 6, 1971).
1.01.070 Grammatical interpretation.
The following grammatical rules shall apply in-the ordinances of the city:
(1) Gender. Any gender includes the other genders;
(2) Singular and Plural. The singular number includes the plural and the plural includes the singular;
(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa;
(4) Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 823 § 7, 1971).
1.01.080 Prohibited acts include causing, permitting, etc.
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. 823 § 8, 1971).
1.01.090 Construction.
The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. (Ord. 823 § 9, 1971).
1.01.100 Reference to specific ordinances.
The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 823 § 10, 1971).
1.01.110 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, on the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 823 § 11, 1971).
1.01.120 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 823 § 12, 1971).
1.01.130 Repeal.
All general ordinances of the city of Buckley, Washington, not included in this code or excluded from the operation and effect of this section are hereby repealed. (Ord. 823 § 13, 1971).
1.01.140 Exclusions.
Every special ordinance of this city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of BMC 1.01.130 and is not affected by the repeal provisions hereof. 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, devise, license or other benefit; provided, that the foregoing enumeration of exceptions or exclusions 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. 823 § 14, 1971).
1.01.150 Effective date.
This code shall become effective on the date the ordinance adopting this code as the “Buckley Municipal Code” shall become effective. (Ord. 823 § 15, 1971).
1.01.160 Constitutionality.
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 hereby 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 had 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. 823 § 16, 1971).
For the statutory provisions authorizing cities and towns to codify their ordinances, see RCW 35.21.500 through 35.21.570.