Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption of municipal code.
1.01.020 Title, citation, and reference.
1.01.050 Codification authority.
1.01.070 Title, chapter, and section headings or catchlines.
1.01.080 Reference applies to all amendments.
1.01.090 Citations to ordinances.
1.01.100 Ordinances passed prior to adoption of code.
1.01.110 Effect of code on past actions and obligations.
1.01.120 Certain ordinances not repealed or affected by adoption of code.
1.01.130 Amendments to code – Effect of new ordinances – Amendatory language.
1.01.150 Inconsistent ordinances.
1.01.010 Adoption of municipal code.
Pursuant to the provisions of RCW 35.21.500 through 35.21.570, (inclusive), there is hereby adopted the “Town of Yacolt Municipal Code” as revised, reformatted, indexed, codified, compiled, edited, and published by Code Publishing Company, Seattle, Washington. [Ord. 565 § 1, 2017.]
1.01.020 Title, citation, and reference.
The above-mentioned code shall be known as the “Town of Yacolt Municipal Code.” It shall be sufficient to refer to said code as the Yacolt Municipal Code in any prosecution for the violations 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 Yacolt Municipal Code. 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. [Ord. 565 § 2, 2017.]
1.01.030 Purpose of code.
The provisions of the Yacolt Municipal Code and all proceedings under it are to be construed with a view to effect its objects and to promote substantial justice. [Ord. 565 § 3, 2017.]
1.01.040 Proof of ordinances.
As provided for by RCW 35.21.550, copies of such code in published form shall be received as the ordinances of permanent and general effect of the town of Yacolt without further proof in all courts and administrative tribunals of the state of Washington. [Ord. 565 § 4, 2017.]
1.01.050 Codification authority.
The town’s mayor or other designee shall have the following specific authority as to editing, rearranging, and/or grouping of ordinances:
A. Editing 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;
B. Substituting for the term “this ordinance,” where necessary, the term “section,” “part,” “code,” “chapter,” “title,” or reference to specific section or chapter numbers, as the case may require;
C. Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or typographical errors, additions, or omissions;
D. Dividing long sections into two or more sections and rearranging the order of sections to ensure a logical arrangement of subject matter;
E. Changing the wording of section captions, if any, and providing captions to new chapters and sections; and
F. Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the legislative intent. [Ord. 565 § 5, 2017.]
1.01.060 Authority of the mayor to make minor editorial corrections to amendments, updates, and revisions.
The purpose of this section is to grant nonsubstantive editorial authority to format future ordinances, amendments, and revisions to the code so that textual changes are uniform to the provisions of the code.
A. The mayor and/or the mayor’s designee may provide for a uniform style and form of the Yacolt Municipal Code by making minor changes, corrections or revisions to any ordinances submitted for inclusion in the code which do not affect their sense, meaning, effect or substance.
B. Such changes, corrections or revisions include renumbering, relettering, capitalizing, punctuation, dividing provisions of the code, providing new headings and catchlines, and correcting omissions or captions.
C. The mayor and/or the mayor’s designee may substitute a current title of an agency, bureau, committee, commission or department head to conform to changes to titles or duties enacted by law or ordinance.
D. The mayor and/or the mayor’s designee may substitute references to a title, chapter, or section of the Yacolt Municipal Code to conform to changes enacted by ordinance.
E. The mayor and/or the mayor’s designee may also make minor editorial changes consistent with those outlined in this section. [Ord. 565 § 6, 2017.]
1.01.070 Title, chapter, and section headings or catchlines.
Title, chapter, and section headings or catchlines contained in the 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 the code. [Ord. 565 § 7, 2017.]
1.01.080 Reference applies to all amendments.
Whenever a reference is made to the code as the Yacolt Municipal Code or to any portion thereof, or to any ordinance of the town, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. [Ord. 565 § 8, 2017.]
1.01.090 Citations to ordinances.
Reference to the Yacolt Municipal Code in documents and matters of record prior to the effective date of the ordinance codified in this chapter shall be construed to apply to the corresponding provisions of the code adopted in the ordinance codified in this chapter. [Ord. 565 § 9, 2017.]
1.01.100 Ordinances passed prior to adoption of code.
The last general ordinance included in the initial code is Ordinance No. 564, passed June 19, 2017. [Ord. 565 § 10, 2017.]
1.01.110 Effect of code on past actions and obligations.
Neither the adoption of the 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 the adoption of the code. The adoption of the code shall not be construed as a waiver of any license, fee, penalty, debt, forfeiture or obligation due and unpaid to the town on the date the code takes effect. All rights, fines, entitlements, duties, and proceedings existing pursuant to any ordinance on the date of the adoption of the code shall remain in effect unless specifically repealed in the ordinance codified in this chapter providing for adoption of the code. No bonds or cash required to be posted, filed or deposited pursuant to any ordinance shall in any way be made invalid by the adoption of the code. [Ord. 565 § 11, 2017.]
1.01.120 Certain ordinances not repealed or affected by adoption of code.
The provisions of the code, so far as they are in substance the same as those ordinances existing at the time of the effective date of the code, shall be considered as continuing and superseding those ordinances and not as new enactments. Nothing in the code or the ordinance codified in this chapter adopting the code shall be construed to repeal or otherwise affect the validity of any of the following:
A. The administrative ordinances or resolutions of the town not in conflict or inconsistent with the provisions of the code;
B. The special ordinances or resolutions of the town, including ordinances or resolutions that are special in nature or for a specific period of time (e.g., budget, annexation, street vacation) that have not been or are not in the future included in the code;
C. Any ordinance levying or imposing taxes not included in the code;
D. Any ordinance or resolution of agreement with another political subdivision; and
E. Any other ordinance or resolution, or part thereof, which is not of a general and permanent nature; or which is referred to elsewhere in this code as continuing in effect. [Ord. 565 § 12, 2017.]
1.01.130 Amendments to code – Effect of new ordinances – Amendatory language.
A. All ordinances passed subsequent to this initial adoption of the code which amend, repeal or in any way affect the code may be numbered in accordance with the numbering system of the code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portion may be excluded from the code by omission from reprinted pages.
B. Amendments to any of the provisions of the code may be made by amending the provisions by specific reference to the section of the code in substantially the following language:
“Section _____ of the Town of Yacolt Municipal Code is hereby amended to read as follows:... (Set out new provisions in full).”
C. When the town council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code, which the town council desires to incorporate into the code, a section in substantially the following language may be made a part of the ordinance:
“Section _____. It is the intention of the Town Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Town of Yacolt Municipal Code, and the sections of the Code and this Ordinance may be renumbered to accomplish that intention."
D. All sections, articles, chapters or provisions of the code desired to be repealed may be specifically repealed by section or chapter number, as the case may be.
E. Where necessary to avoid a conflict with existing provisions of the code, amending ordinances may be renumbered by the official codifier for the town to carry out the intent of the town council; provided, that no such numbering change shall be made without prior approval of the town. [Ord. 565 § 13, 2017.]
1.01.140 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. [Ord. 565 § 14, 2017.]
1.01.150 Inconsistent ordinances.
All general ordinances of the town that are inconsistent with the code are hereby superseded, rather than repealed, and in the event any portion of the code is for any reason found or held to be invalid, the superseded ordinance shall be revitalized and shall prevail. [Ord. 565 § 15, 2017.]
1.01.160 Severability.
If any section, subsection, sentence, clause or phrase of this chapter or of the code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or the code. The town council declares that it would have passed the code, at 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 the code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. [Ord. 565 § 16, 2017.]