Chapter 1.05
CODE ADOPTION
Sections:
1.05.020 New or amendatory material.
1.05.030 Title, chapter and section headings, and interpretation.
1.05.040 Effect of code on past actions and obligation.
1.05.050 Repeal shall not revive any resolution and/or ordinance.
1.05.010 Adoption process.
Pursuant to Lewis County Ordinance No. 1157, compilation and codification of county laws and ordinances, and certain resolutions of a general and permanent nature, including all such laws and ordinances, and certain resolutions approved on or before February 17, 1998, including ordinances through Ordinance No. 1156, is adopted as the official code of Lewis County to be known hereafter as the “Lewis County Code.” Ordinances of a general and permanent nature adopted after February 17, 1998, and numbered from Ordinance No. 1157 remain valid and subsist in law of Lewis County. Pursuant to Lewis County Board of Health Ordinance No. H98-0327, passed on August 31, 1998, compilation and codification of health laws and ordinances, and certain resolutions of a general and permanent nature, are incorporated within the said adopted “Lewis County Code.” Such ordinances shall be made a part of the Lewis County Code in the manner provided by LCC 1.05.060. The Lewis County Code shall be maintained, published and supplemented by the board of county commissioners of Lewis County, acting where applicable as the board of health of Lewis County. The code may be cited by its abbreviation “LCC”. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any portion of the code as an addition to, amendment to, correction of, or repeal of the Lewis County Code. Further reference may be made to the titles, chapters, sections and subsections of the Lewis County Code and such reference shall apply to that number, title, chapter, section or subsection as it appears in this code. [Ord. 1157 & 1160 1998; H98-0327, 1998]
1.05.020 New or amendatory material.
New, amendatory or other materials altering the Lewis County Code shall be adopted by the board of county commissioners or by the board of health, as applicable, as separate ordinances prior to inclusion in the Lewis County Code. After adoption of the code, any ordinance amending the codification shall set forth in full the section or sections, or subsection or subsections of the codification being amended, as the case may be. [Ord. 1157 & 1160, 1998]
1.05.030 Title, chapter and section headings, and interpretation.
Title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meanings or intent of the provisions of any title, chapter or section of this 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 justice. [Ord. 1157, 1998]
1.05.040 Effect of code on past actions and obligation.
Neither the adoption of this code nor the repeal or amendment hereby of any resolution and/or ordinance or part or portion of any resolution and/or ordinance of the county shall in any manner affect the prosecution for violation of resolutions and/or ordinances which violations were committed prior to the effective date hereof nor be construed as a waiver of any license, fee or penalty at the effective date due and unpaid under such resolutions and/or ordinances nor be construed as affecting any of the provisions of such resolutions and/or ordinances relating to the collection of any such license, fee or penalty or 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 resolution and/or ordinance, nor be construed as to affect any civil right or remedy existing at the time of the effective date, nor shall the omission to specify or affirm any liability to any damages, penalty, forfeiture or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding for any act or omission declared punishable herein affect any right to recover or enforce the same and all rights and obligations thereunder appertaining shall continue in full force and effect. [Ord. 1157, 1998]
1.05.050 Repeal shall not revive any resolution and/or ordinance.
The repeal of a resolution and/or ordinance shall not repeal the repealing clause of such resolution and/or ordinance or revive any resolution and/or ordinance which has been repealed thereby. [Ord. 1157, 1998]
1.05.060 Omission of certain sections of ordinances and of certain resolutions – Ordinances and resolutions on file with board.
The adoption and revision of the code may omit all titles to ordinances, enacting and repealing clauses, preambles, declarations of emergency, and validity and construction sections thereof, unless, in a particular instance, it may be necessary to retain such to preserve the full intent of the law. The omission of validity or construction sections is not intended to, nor shall it change, or be considered as changing, the effect to be given thereto in construing legislation of which such validity and construction sections were a part. Any section so omitted, other than repealing, emergency or validity provisions, shall be referred to or set forth as an annotation to the applicable sections of the ordinance as codified. The adoption and revision of the code may omit certain ordinances and resolutions, but such omission is not intended to, nor shall it be construed as repealing such ordinances and resolutions, and all effective ordinances and resolutions shall remain indexed and on file with the clerk of the board of county commissioners or health (and additionally with the county engineer for ordinances regarding speed limits, weight limits and road closures). [Ord. 1157, 1998]
1.05.070 Effective date.
The Lewis County Code shall become effective on February 17, 1998, with board of health sections incorporated on August 31, 1998. [Ord. 1157, 1998; H98-0327, 1998]
1.05.080 Severability.
If any section, subsection, sentence, clause, phrase, portion or part of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The board of county commissioners and board of health of Lewis County hereby declares that it would have adopted this code and each, other valid and constitutional section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any specific section, subsection, sentence, clause, phrase, part or portion thereafter be declared invalid or unconstitutional, and if for any reason this codification should be declared invalid or unconstitutional, then the original ordinance or ordinances, and affected resolutions shall be in full force and effect. In the event that any previously repealed code provisions have been inadvertently included in the code adoption set forth in this chapter, those prior repealers should be controlling and this code should not be construed as a reenactment of those provisions. [Ord. 1157, 1998; H98-0327, 1998]