Chapter 1.04
CODE
Sections:
1.04.010 Definitions – Interpretation.
1.04.020 Penalty for violation.
1.04.030 Failure to pay fine, costs.
1.04.050 New material adopted.
1.04.055 Correction of scrivener’s errors by city clerk – Permitted.
1.04.060 Title, chapter and section headings.
1.04.070 Reference to provisions.
1.04.005 Code adopted.
The codification of the ordinances of the city of Port Orchard of a general, public or permanent nature, or imposing a fine, penalty or forfeiture, as contained and set forth in a printed copy thereof on file in the office of the city clerk entitled “Port Orchard Municipal Code” is adopted as the official code of the ordinances of the city, as provided for by RCW 35A.21.130 and 35.21.500 through 35.21.570. (Ord. 047-17 § 1; Ord. 772 § 1, 1966).
1.04.010 Definitions – Interpretation.
Unless the context otherwise requires, the following words and phrases where used in this code shall have the meaning and construction given in this section.
(1) “Code” is the Port Orchard Municipal Code;
(2) “City” is the city of Port Orchard;
(3) “City council” is the city council of the city of Port Orchard;
(4) “County” is the county of Kitsap;
(5) “Person” is any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, or employee of any of them;
(6) “State” is the state of Washington;
(7) “Oath” includes affirmation;
(8) Gender. The masculine gender includes the feminine and all other gender identities;
(9) Number. The singular number includes the plural and the plural the singular;
(10) Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense;
(11) Shall, May. “Shall” is mandatory; “may” is permissive;
(12) Title of Office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board of commission of the city of Port Orchard. (Ord. 017-23 § 3 (Exh. A); Ord. 754 § 1, 1966).
1.04.015 Principal defined.
Every person concerned in the commission of any misdemeanor prescribed by the code of the city, whether they directly commit the act constituting the offense, or aid or abet in its commission, and whether present or absent; and every person whether they directly or indirectly counsel, encourage, hire, command, induce or otherwise procure another to commit any such misdemeanor, is a principal, and shall be proceeded against and punished as such. The fact that the person who aided, abetted, counseled, encouraged, hired, commanded, induced or procured could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring them. (Ord. 017-23 § 1 (Exh. A); Ord. 838, 1969).
1.04.020 Penalty for violation.
Any person violating any of the provisions or failing to comply with the mandatory requirements of the Port Orchard Municipal Code and the ordinances of the city of Port Orchard shall, unless another penalty is prescribed, be guilty of a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code or the ordinances of the city of Port Orchard is committed, continued, or permitted by any such person. (Ord. 1724 § 2, 1998).
1.04.030 Failure to pay fine, costs.
Upon the rendition of judgment against any defendant for violation of this code and any ordinance of the city, the police magistrate or justice of the peace shall make an order and enter the same upon their docket, that if the defendant shall neglect or refuse to satisfy such judgment and costs of suit, they shall be confined in the city jail or other place of confinement provided for that purpose, one day for each $3.00 of such judgment and costs, and during such confinement they may be required to labor upon the streets or do other work for the city under the supervision and direction of the police chief. Execution shall be issued immediately upon the rendition of judgment. (Ord. 017-23 §§ 1, 7 (Exh. A); Ord. 754 § 3, 1966).
1.04.040 Proof of ordinances.
As provided for by RCW 35.21.550, copies of such code in published form shall be received without further proof as the ordinances of permanent or general effect of the city by all courts and administrative tribunals of this state. (Ord. 772 § 2, 1966).
1.04.050 New material adopted.
New material shall be adopted by the city council as separate ordinances prior to the inclusion thereof in such codification; provided, that any ordinance amending the codification shall set forth in full the section or sections of the codification being amended, and this shall constitute a sufficient compliance with any statutory or charter requirement that no ordinance nor any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in full; provided further, that revisions or amendments expressly permitted under POMC 1.04.055 may be performed without requiring compliance with the requirements of this section. (Ord. 022-09 § 1; Ord. 772 § 3, 1966).
1.04.055 Correction of scrivener’s errors by city clerk – Permitted.
(1) The city clerk, subject to review and written approval by the city attorney, shall have the authority to correct minor scrivener’s/clerical errors as described in subsection (2) of this section and subject to subsection (3) of this section.
(2) The clerk is permitted to correct minor scrivener’s/clerical errors as follows:
(a) Renumber sections, parts of titles, chapters, and sections;
(b) Change capitalization for the purpose of uniformity;
(c) Substitute the proper designation for the terms “the preceding section,” “this ordinance,” and like terms;
(d) Substitute the proper calendar date for “effective date of this ordinance,” “date of passage of this ordinance,” and other phrases of similar import;
(e) Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;
(f) Correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;
(g) Correct manifest errors in references to laws;
(h) Rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in this code;
(i) Change all sections, when possible, to read in the present tense, indicative mood, active voice, and if the use of personal pronouns cannot be avoided in a section change the section to read in the third person and singular number or any other necessary grammatical change in the manner generally followed in this code;
(j) Remove from codification all titles to ordinances, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the ordinance.
(3) In no event shall the clerk edit or revise the municipal code such that it would change the meaning of any ordinance.
(4) All corrections made pursuant to this section shall be documented by the city clerk and such documentation shall be maintained in such a manner as to clearly demonstrate why the changes were made, when the changes were approved by the city attorney, and when the changes were made effective. (Ord. 022-09 § 2).
1.04.060 Title, chapter and section headings.
Title, chapter and section headings contained in the Port Orchard Municipal 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 thereof. (Ord. 772 § 4, 1966).
1.04.065 Improvement of code.
The clerk and/or city attorney shall make recommendations to the council concerning deficiencies, conflicts, or obsolete provisions in and the need for reorganization or revision of this code, and, at the direction of the council, shall have prepared for submission to the council ordinances for the correction or removal of the deficiencies, conflicts, or obsolete provisions, or to otherwise improve the form or substance of any portion of the code. This code shall be systematically reviewed for deficiencies, conflicts, or obsolete provisions. (Ord. 022-09 § 3).
1.04.070 Reference to provisions.
The provisions of the Port Orchard Municipal 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 numbers or otherwise and which are included within the Port Orchard Municipal Code, but such reference shall be construed to apply to the corresponding provisions contained within the Port Orchard Municipal Code. (Ord. 772 § 5, 1966).
1.04.080 Effect of code.
Neither the adoption of the Port Orchard Municipal Code nor the repeal or amendment thereby 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, 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 ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 772 § 6, 1966).
1.04.090 Effective date.
The Port Orchard Municipal Code shall become effective five days from and after the date of the publication of Ordinance No. 772 in the Port Orchard Independent. (Ord. 772 § 7, 1966).
1.04.100 Validity.
If any section, subsection, sentence, clause, phrase, portion, or part of the Port Orchard Municipal 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 the Port Orchard Municipal Code. The city council hereby declares that it would have adopted the Port Orchard Municipal Code and each section, subsection, sentence, clause, phrase, portion or part thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 772 § 8, 1966).