Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts include causing or permitting.
1.04.040 Construction of provisions.
1.04.050 Repeal not to revive any ordinances.
1.04.060 Pending suits – Savings clause.
1.04.010 Definitions.
The following words and phrases whenever used in the ordinances of the city of Mount Vernon, Washington, 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:
A. “City” means the city of Mount Vernon, Washington, or the area within the territorial limits of the city of Mount Vernon, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
B. “Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.
C. “Council” means the city council of the city of Mount Vernon, Washington. “All its members” or “all councilmen” means the total number of councilmen provided by the general laws of the state of Washington.
D. “County” means the county of Skagit, Washington.
E. “Law” denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Mount Vernon and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
F. “May” is permissive.
G. “Month” means a calendar month.
H. “Must” and “Shall.” Each is mandatory.
I. “Oath” shall be construed to include an affirmation or declaration 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.”
J. “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.
K. “Owner” applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.
L. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
M. “Personal property” includes money, goods, chattels, things in action and evidences of debt.
N. “Preceding” and “following” mean next before and next after, respectively.
O. “Property” includes real and personal property.
P. “Real property” includes lands, tenements and hereditaments.
Q. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
R. “State” means the state of Washington.
S. “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.
T. “Tenant” and “occupant,” applied to a building or land, includes any person who occupies a whole or a part of such building or land, whether alone or with others.
U. Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city.
V. “Written” includes printed, typewritten, mimeographed or multigraphed.
W. “Year” means a calendar year.
X. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
Y. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 1732 § 1, 1974).
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city:
A. Gender. The masculine gender includes the feminine and neuter genders;
B. Singular and Plural. The singular number includes the plural and the plural includes the singular;
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable;
D. 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. 1732 § 2, 1974).
1.04.030 Prohibited acts include causing or permitting.
Whenever in the ordinances of the city 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. 1732 § 3, 1974).
1.04.040 Construction of provisions.
The provision of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 1732 § 4, 1974).
1.04.050 Repeal not to 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. 1732 § 5, 1974).
1.04.060 Pending suits – Savings clause.
A. No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
B. This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
C. Nothing contained in this or the preceding section shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 1783 § 1, 1975; Ord. 1732 § 6, 1974).