Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption of the Westport Municipal Code.
1.01.020 Title – Citation – Reference.
1.01.030 Reference applies to amendments.
1.01.050 Grammatical interpretation.
1.01.070 Title, chapter and section headings.
1.01.080 Reference to specific ordinances.
1.01.090 Effect of code on past actions and obligations.
1.01.100 Repeal shall not revive any ordinances.
1.01.130 Prohibited acts include causing, permitting and related acts.
1.01.010 Adoption of the Westport Municipal Code.
Pursuant to the provisions of RCW 35.21.500 – 35.21.570, there is adopted the Westport Municipal Code as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by RCW 35.21.180, save and except those portions of the secondary codes as are deleted or modified by the provisions of the Westport Municipal Code. (Ord. 435 § 1, 1973)
1.01.020 Title – Citation – Reference.
This code shall be known as the “Westport Municipal Code” and it is sufficient to refer to said code as the “Westport Municipal Code” in any prosecution for the violation of any provisions thereof or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the Westport Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Westport Municipal Code and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 435 § 2, 1973)
1.01.030 Reference applies to amendments.
Whenever a reference is made to this code as the “Westport Municipal Code” or to any portion thereof, or to any ordinance of the town of Westport, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 435 § 3, 1973)
1.01.040 Definitions.
The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of words or phrases:
(1) “Council” means the town council of the town of Westport, Washington. “All its members” or “all councilmen” means the total number of councilmen provided by the general laws of the state of Washington;
(2) “County” means the county of Grays Harbor, Washington;
(3) “Law” denotes applicable federal law, the Constitution and statutes of the state of Washington, the ordinances of the town of Westport, Washington, and, when appropriate, any and all rules and regulations which may be promulgated thereunder;
(4) “May” is permissive;
(5) “Must” and “Shall.” Each is mandatory;
(6) “Oath” includes affirmation;
(7) “Office.” The use of the title of officer, employee or any office or ordinance means such officer, employee, office or ordinance of Westport unless otherwise specifically designated;
(8) “Ordinance” means a law of the town; provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution;
(9) “Person” means any 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;
(10) “State” means the state of Washington;
(11) “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this town 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;
(12) “Town” means the town of Westport, Washington, or the area within the territorial limits of the town of Westport, Washington, and such territory outside of the town over which the town has jurisdiction or control by virtue of any constitutional or statutory provision;
(13) “Written” includes printed, typewritten, mimeographed or multigraphed. (Ord. 435 § 4, 1973)
1.01.050 Grammatical interpretation.
The following grammatical rules shall apply in this code:
(1) Gender. Any gender includes the other genders;
(2) Singular and plural. The singular number includes the plural and the plural includes the singular;
(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa;
(4) Use of Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 435 § 5, 1973)
1.01.060 Construction.
The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. (Ord. 435 § 6, 1973)
1.01.070 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. 435 § 7, 1973)
1.01.080 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 the code; but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 435 § 8, 1973)
1.01.090 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal of amendments hereby of any ordinance or part or portion of any ordinance of the town 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. 435 § 9, 1973)
1.01.100 Repeal shall not 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. 435 § 10, 1973)
1.01.110 Repeal.
All general ordinances of the town of Westport, Washington, not included in this code or excluded from the operation and effect of this section are repealed. (Ord. 435 § 11, 1973)
1.01.120 Exclusions.
Every special ordinance of this town governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of WMC 1.04.110 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 are excluded; 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. 435 § 12, 1973)
1.01.130 Prohibited acts include causing, permitting and related acts.
Whenever in this code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 435 § 13, 1973)
1.01.140 Effective date.
This code shall become effective on the date the ordinance adopting this code as the Westport Municipal Code becomes effective. (Ord. 435 § 14, 1973)
1.01.150 Constitutionality.
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 council 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 had 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. (Ord. 435 § 15, 1973)