Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.015 Special definition: City Hall—Council Chambers.
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.
1.04.010 Definitions.
The following words and phrases whenever used in the ordinances of the city of Prosser, 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 Prosser, Washington, or the area within the territorial limits of the city of Prosser, 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 is a Sunday or a legal holiday, that day shall be excluded.
C. “Council” means the city council of the city of Prosser. “All its members” or “all councilpersons” means the total number of councilpersons provided by the laws of the state of Washington.
D. “County’’ means the county of Benton, state of Washington.
E. “Law” denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Prosser, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
F. “Legal holiday” means the following days:
1. New Year’s Day.
2. Martin Luther King Jr. Day.
3. Presidents’ Day.
4. Memorial Day.
5. Independence Day.
6. Labor Day.
7. Veterans Day.
8. Thanksgiving Day.
9. Day after Thanksgiving.
10. Christmas Eve.
11. Christmas Day.
In the event any of the above days falls on a Saturday, the preceding Friday shall be the legal holiday. In the event any of the above days falls on a Sunday, the following Monday shall be the legal holiday.
G. “May” is permissive.
H. “Month” means a calendar month.
I. “Must” and “shall” are mandatory.
J. “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.”
K. “Ordinance” means a law of the city.
L. “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.
M. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them.
N. “Personal property” includes money, goods, chattels, things in action, and evidences of debt.
O. “Preceding” and “following” mean next before and next after, respectively.
P. “Property” includes real and personal property.
Q. “Real property” includes lands, tenements, and hereditaments.
R. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
S. “State” means the state of Washington.
T. “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 the state.
U. “Tenant” and “occupant,” applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.
V. 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.
W. “Written” includes printed, typewritten, mimeographed, or multigraphed.
X. “Year” means a calendar year.
Y. 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.
Z. 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.
AA. The following words or phrases may be used interchangeably and shall refer to the same street:
1. “Third Street” and “3rd Street.”
2. “Fourth Street” and “4th Street.”
3. “Fifth Street” and “5th Street.”
4. “Sixth Street” and “6th Street.”
5. “Seventh Street” and “7th Street.”
6. “Eighth Street” and “8th Street.”
7. “Ninth Street” and “9th Street.”
8. “Tenth Street” and “10th Street.” (Ord. 3165 § 1, 2022; Ord. 2410 § 1, 2003: Ord. 915 § 1, 1974).
1.04.015 Special definition: City Hall—Council Chambers.
“City Hall” or “Council Chambers” shall mean City Hall, 1002 Dudley Avenue, Prosser, Washington 99350. (Ord. 3149 § 1, 2021).
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. 915 § 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. 915 § 3, 1974).
1.04.040 Construction of provisions.
The provisions of 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. 915 § 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. 915 § 5, 1974).