Chapter 1.01
CODE ADOPTION
Sections
1.01.020 Title – Citation – Reference.
1.01.030 Reference applies to amendments.
1.01.035 Adoption of codes by reference, includes amendments and additions.
1.01.040 Codification authority.
1.01.045 City clerk or designee authorized to edit code.
1.01.055 Repealed.
1.01.060 Title, chapter, and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.085 Ordinances passed prior to adoption of the code.
1.01.110 Code supersedes ordinances of general and permanent nature.
1.01.010 Code adopted.
The Des Moines Municipal Code, as compiled from the ordinances of the city of Des Moines, Washington, and edited and published by Code Publishing Company of Seattle, Washington, is adopted as the official code of the city of Des Moines, Washington. [Ord. 988 § 1, 1992: Ord. 286 § 1, 1970.]
1.01.020 Title – Citation – Reference.
This code shall be known as the “Des Moines Municipal Code” and it shall be sufficient to refer to said code as the “Des Moines Municipal Code” in any prosecution for the violation of any provision thereof 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 thereof as an addition to, amendment to, correction of, or repeal of the “Des Moines Municipal Code.” Further reference may be had to the titles, chapters, sections, and subsections of the “Des Moines Municipal Code” and such reference shall apply to that numbered title, chapter, section, or subsection as it appears in that code. The “Des Moines Municipal Code” may be referred to as “DMMC.” [Ord. 434, 1978: Ord. 286 § 2, 1970.]
1.01.030 Reference applies to amendments.
Whenever a reference is made to this code as the “Des Moines Municipal Code” or to any portion thereof, or to any ordinance of the city of Des Moines, Washington, that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. [Ord. 286 § 3, 1970.]
1.01.035 Adoption of codes by reference, includes amendments and additions.
Ordinances of the city which adopt by reference Washington state statutes and state, county, or city codes, regulations, or ordinances or any standard code of technical regulations shall be construed to adopt by reference amendments thereof or additions thereto so that the code is adopted as presently constituted and as may be subsequently amended. [Ord. 951 §1, 1992.]
1.01.040 Codification authority.
This 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, inclusive. [Ord. 286 § 4, 1970.]
1.01.045 City clerk or designee authorized to edit code.
(1) The city clerk or designee shall provide for a uniform style and form of the Des Moines Municipal Code by making minor corrections to ordinances submitted for filing which do not affect the sense, meaning, effect, or substance of any ordinance.
(2) Such changes are subject to the approval of the city attorney and include: renumbering, relettering, capitalizing, punctuation, dividing provisions of the code, and correcting omissions or captions.
(3) The city clerk or designee may substitute a current title of an agency, bureau, commission, or committee, or commission to accord with changes of titles or duties enacted by law or ordinance.
(4) The city clerk or designee may substitute references to a title, chapter, or section of the Des Moines Municipal Code to accord with changes of the Des Moines Municipal Code enacted by ordinance. [Ord. 988 § 3, 1992.]
1.01.055 Legal holidays. Repealed by Ord. 993. [Ord. 721 § 1, 1987.]
1.01.060 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 a title, chapter, or section of this code. [Ord. 286 § 6, 1970.]
1.01.070 Reference to specific ordinances.
The provisions of this code shall not in any manner affect deposits or other matters of record that refer to, or are otherwise connected with ordinances that are therein specifically designated by number or otherwise and that are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. [Ord. 286 § 7, 1970.]
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment of an ordinance or a part of an ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to November 15, 1970, nor be construed as a waiver of a 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 such license, fee, or penalty, or the penal provisions applicable to a violation thereof, nor to affect the validity of a bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to an ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. [Ord. 286 § 8, 1970.]
1.01.085 Ordinances passed prior to adoption of the code.
The last ordinance included in the initial edition of the revised, reformatted, and reprinted Des Moines Municipal Code is Ordinance No. 965, enacted on June 25, 1992. The following ordinances, passed subsequent to Ordinance No. 965, but prior to adoption of the initial edition of the revised, reformatted, and reprinted Des Moines Municipal Code, are Ordinances Nos. 966 through 987. [Ord. 988 § 4, 1992.]
1.01.090 Effective date.
The Des Moines Municipal Code shall become effective on November 15, 1970. [Ord. 286 § 9, 1970.]
1.01.100 Severability.
If a section, subsection, sentence, clause, phrase, part, or portion of this code is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. [Ord. 286 § 10, 1970.]
1.01.110 Code supersedes ordinances of general and permanent nature.
The Des Moines Municipal Code adopted in DMMC 1.01.010 supersedes all city of Des Moines ordinances of a general and permanent nature. [Ord. 1029 § 1, 1993: Ord. 988 § 2, 1992.]