Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Title – Citation – Reference.
1.01.020 Reference applies to amendments.
1.01.030 Codification authority.
1.01.040 Definitions and construction.
1.01.050 Title, chapter and section headings.
1.01.060 Reference to specific ordinances.
1.01.070 Effect of code on past actions and obligations.
1.01.110 Violations – Penalty.
1.01.120 Failure to pay fine, costs.
1.01.010 Title – Citation – Reference.
This code shall be known as the “Puyallup Municipal Code” and it shall be sufficient to refer to said code as the “Puyallup 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 addition to, amendment to, correction of, or repeal of the “Puyallup Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Puyallup Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. (Ord. 1546 § 1, 1969).
1.01.020 Reference applies to amendments.
Whenever a reference is made to this code as the “Puyallup Municipal Code” or to any portion thereof, or to any ordinance of the city of Puyallup, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 1546 § 1, 1969).
1.01.030 Codification authority.
This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the city of Puyallup, Washington, codified pursuant to RCW 35.21.500 through 35.21.570. (Ord. 1546 § 1, 1969).
1.01.040 Definitions and construction.
Unless the context otherwise requires, the following words and phrases where used in the ordinances of the city of Puyallup shall have the meaning and construction given in this section:
(1) “Code” means the Puyallup Municipal Code;
(2) “City” means the city of Puyallup;
(3) “City council” means the city council of the city of Puyallup;
(4) “County” means the county of Pierce;
(5) “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or its manager, lessee, agent, servant, officer, or employee or any of them;
(6) “State” means the state of Washington;
(7) “Oath” includes affirmation;
(8) Gender. The masculine gender includes the feminine and neuter;
(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 or commission of the city of Puyallup. (Ord. 1546 § 1, 1969; Ord. 1524 § 1, 1968).
1.01.050 Title, chapter and section headings.
Title, chapter and section headings contained herein 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 hereof. (Ord. 1546 § 1, 1969).
1.01.060 Reference to specific ordinances.
The provisions of this 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 number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 1546 § 1, 1969).
1.01.070 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment 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. 1546 § 1, 1969).
1.01.080 Repeal.
All general ordinances of the city of Puyallup not included in this code or excluded from the operation and effect of this section are hereby repealed. (Ord. 1546 § 1, 1969).
1.01.090 Exclusions.
Every special ordinance of this city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of PMC 1.01.080 and is not affected by the repeal provisions hereof: Annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, devise, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. (Ord. 1546 § 1, 1969).
1.01.100 Effective date.
This code shall become effective on the date the ordinance adopting this code as the “Puyallup Municipal Code” becomes effective. (Ord. 1546 § 1, 1969).
1.01.110 Violations – Penalty.
(1) Applicability. Any person who shall violate any of the provisions of the Puyallup Municipal Code or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall use land or construct in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by such proper authority or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor.
(2) Violations. Any person convicted of a criminal violation of any section of this code shall be punished in accordance with RCW 9A.20.021(2), as now or hereafter amended, for gross misdemeanors and RCW 9A.20.021(3), as now or hereafter amended, for misdemeanors. Whenever a specific penalty or range of penalties has been established for a crime by the state Legislature and that crime has been incorporated into the city’s criminal code, either directly or by reference, then the penalty ranges established by the Legislature shall govern and this provision shall not be enforced.
(a) Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.
(b) Gross Misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 365 days, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
(3) To What Acts Penalty Shall Attach. Any person who shall commit any act declared by any section of this code to be unlawful for which there is no stated penalty or who fails to perform any act or discharge any obligation or duty required by or imposed upon him by any ordinance for which there is no stated penalty shall be deemed guilty of a misdemeanor and shall be subject to the penalty fixed for the violation with like effect as if such penalty were specifically declared in the section forbidding such act or declaring the same to be unlawful or prescribing the duty or imposing the obligation, and where any duty is prescribed or obligation imposed or where any act which is of a continuing nature is forbidden or declared to be unlawful, each day such duty or obligation remains unperformed or such act continues shall constitute a separate offense except where otherwise provided in this code. (Ord. 2838 § 1, 2005; Ord. 1954 § 1, 1982; Ord. 1546 § 1, 1969; Ord. 1524 § 2, 1968).
1.01.120 Failure to pay fine, costs.
Upon the rendition of judgment against any defendant for violation of any ordinance of this city, the police magistrate or justice of the peace shall make an order and enter the same upon his docket, that if the defendant neglects or refuses to satisfy such judgment and costs of suit, he shall be confined in the city jail or other place of confinement provided for that purpose, one day for each $8.00 of such judgment and costs, and during such confinement he may be required to labor upon the streets or do other work for the city under the supervision and direction of the chief of police. Execution shall be issued immediately upon the rendition of judgment. (Ord. 1546 § 1, 1969; Ord. 1524 § 3, 1968).
1.01.130 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 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 any one or more sections, subsections, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Ord. 1546 § 1, 1969).