Chapter 1.01
CODE ADOPTION
Sections:
1.01.020 Title, citation, and reference.
1.01.050 Codification authority.
1.01.070 Title, chapter and section wording, headings and/or catchlines.
1.01.080 Reference applies to all amendments.
1.01.090 Citations to ordinances.
1.01.100 Effect of code on past actions and obligations.
1.01.120 Inconsistent ordinances.
1.01.010 Adoption.
The “Tulalip Tribal Codes” as revised, reformatted, indexed, codified, compiled, edited and republished by Resolution 2012-264, is the official Code of Laws (ordinances) of the Tulalip Tribes. [Res. 2017-246; Res. 2017-035].
1.01.020 Title, citation, and reference.
This code shall be known as the Tulalip Tribal Codes. It shall be sufficient to refer to said code as the Tulalip Tribal Codes or TTC in any prosecution for the violation of any provision thereof or in any proceeding at law or in equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part thereof as an addition to, amendment to, correction or repeal of the Tulalip Tribal Codes or TTC. Further reference may be had to the titles, chapters, sections and subsections of the code and such references shall apply to those numbered titles, chapters, sections or subsections as they appear in the code. [Res. 2017-246; Res. 2017-035].
1.01.030 Purpose of 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 substantial justice. [Res. 2017-246; Res. 2017-035].
1.01.040 Proof of ordinances.
Copies of such code in published form shall be received as the ordinances of permanent and general effect of the Tulalip Tribes without further proof by all courts and administrative tribunals of the Tribe and other jurisdictions. [Res. 2017-246; Res. 2017-035].
1.01.050 Codification authority.
Code Publishing Company, or a successor designated by the Tulalip Tribes, shall have the following specific authority as to editing, rearranging, and/or grouping of ordinances:
(1) Non-substantive editing of ordinances to the extent deemed necessary or desirable for the purpose of modernizing and clarifying the language of such ordinances, but without changing the substance or meaning of any such ordinance. [Res. 2017-246; Res. 2017-035].
1.01.060 Authority of Secretary and Code Publishing to make non-substantive, minor editorial corrections to amendments, updates, and revisions.
The purpose of this section is to grant non-substantive editorial authority to format future ordinances, amendments, and revisions to this code so that textual changes are uniform to the provisions of this code.
(1) The Tribal Secretary and/or Code Publishing Company (or designated successor) shall provide for a uniform style and form of the Tulalip Tribal Codes by making minor corrections or revisions to any ordinances submitted for filing which do not affect their sense, meaning, effect or substance.
(2) Such changes include renumbering, relettering, capitalizing, punctuation, dividing provisions of the code, providing new headings and catchlines, or correcting omissions or captions.
(3) The Tribal Secretary or Code Publishing Company may substitute a current title of an agency, bureau, commission, committee, or department to conform to changes to titles or duties enacted by law or ordinance.
(4) The Tribal Secretary or Code Publishing Company may substitute references to a title, chapter, or section of the Tulalip Tribal Codes to conform to changes to the Tulalip Tribal Codes enacted by ordinance.
(5) The Tribal Secretary or Code Publishing Company may also make minor non-substantive editorial changes, such as:
(a) Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or typographical errors, additions, or omissions;
(b) Changing the wording of section captions, if any, and providing captions to new chapters and sections;
(c) Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the legislative intent.
(6) All changes are subject to the approval of the Tribal Attorney. [Res. 2017-246; Res. 2017-035].
1.01.070 Title, chapter and section wording, headings and/or catchlines.
Title, chapter and section wording, headings and/or catchlines contained in this 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 of this code. [Res. 2017-246; Res. 2017-035].
1.01.080 Reference applies to all amendments.
Whenever a reference is made to this code as the Tulalip Tribal Codes or to any portion thereof, or to any ordinance of the Tribes, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. [Res. 2017-246; Res. 2017-035].
1.01.090 Citations to ordinances.
Reference to the Tulalip Tribal Codes in documents and matters of record prior to the effective date of the resolution codified in this chapter shall be construed to apply to the corresponding provisions of the code adopted in this chapter. [Res. 2017-246; Res. 2017-035].
1.01.100 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 shall affect the prosecution for ordinance violations that were committed prior to the effective date of this code adoption or the effective date of any amendment. The adoption of this code shall not be construed as a waiver of any license, fee, penalty, debt, forfeiture or obligation due and unpaid to the Tribes on the date this code takes effect. All rights, fines, entitlements, duties, and proceedings existing pursuant to any ordinance on the date of the adoption of this code shall remain in effect unless specifically repealed in this code adoption. No bonds or cash required to be posted, filed or deposited pursuant to any ordinance shall in any way be made invalid by this code adoption. [Res. 2017-246; Res. 2017-035].
1.01.110 Effect of repeal.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. [Res. 2017-246; Res. 2017-035].
1.01.120 Inconsistent ordinances.
All general ordinances of the Tribes that are inconsistent with this code are hereby superseded, rather than repealed, and in the event any portion of this code is for any reason found or held to be invalid, the superseded ordinance shall be revitalized and shall prevail. [Res. 2017-246; Res. 2017-035].
1.01.130 Severability.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Board declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases have been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. [Res. 2017-246; Res. 2017-035].