TITLE I: GENERAL PROVISIONS
CHAPTER 10: GENERAL PROVISIONS
Section
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Effective date of ordinances
10.16 Repeal or modification of ordinance
10.17 Ordinances which amend or supplement code
10.18 Section histories; statutory references
10.19 Amendment of fees
10.20 Editing of code
10.99 General penalty
§ 10.01 TITLE OF CODE.
This codification of
ordinances by and for the City of Banks shall be designated as the Code of the
City of Banks and may be so cited.
§ 10.02 INTERPRETATION.
Unless otherwise
provided herein, or by law or implication required, the same rules of construction,
definition, and application shall govern the interpretation of this code as
those governing the interpretation of state law.
§ 10.03 APPLICATION TO
FUTURE ORDINANCES.
All provisions of
Title I compatible with future legislation shall apply to ordinances hereafter
adopted amending or supplementing this code unless otherwise specifically
provided.
§ 10.04 CAPTIONS.
Headings and captions
used in this code other than the title, chapter, and section numbers are
employed for reference purposes only and shall not be deemed a part of the text
of any section.
§ 10.05 DEFINITIONS.
(A) General
rule. Words and phrases shall be
taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and
appropriate meaning in law shall be understood according to their technical
import.
(B) Definitions. For the purpose of this code, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
CITY, MUNICIPAL
CORPORATION, or MUNICIPALITY. The City
of Banks, Oregon.
CODE, THIS CODE, or THIS
CODE OF ORDINANCES. This
municipal code as modified by amendment, revision, and adoption of new titles,
chapters, or sections.
COUNTY. Washington County, Oregon.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH. An affirmation in all cases in which, by
law, an affirmation may be substituted for an oath, and in those cases the
words SWEAR and SWORN shall be equivalent to the
words AFFIRM and AFFIRMED.
OFFICER, OFFICE,
EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or
department of this city unless the context clearly requires otherwise.
PERSON. Extends to and includes person, persons,
firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and
imposing a penalty, the terms PERSON
or WHOEVER
as applied to any unincorporated entity shall mean the partners or members
thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot
write.
STATE. The State of Oregon.
SUBCHAPTER. A division of a chapter, designated in this
code by a heading in the chapter analysis and a capitalized heading in the body
of the chapter, setting apart a group of sections related by the subject matter
of the heading. Not all chapters have SUBCHAPTERS.
WRITTEN. Any representation of words, letters, or
figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed.
§ 10.06 RULES OF INTERPRETATION.
The construction of
all ordinances of this city shall be by the following rules, unless that
construction is plainly repugnant to the intent of the legislative body or of
the context of the same ordinance.
(A) AND or OR. Either conjunction shall include the other
as if written “and/or,” if the sense requires it.
(B) Acts by
assistants. When a statute or
ordinance requires an act to be done which, by law, an agent or deputy as well may
do as the principal, that requisition shall be satisfied by the performance of
the act by an authorized agent or deputy.
(C) Gender;
singular and plural; tenses. Words
denoting the masculine gender shall be deemed to include the feminine and
neuter genders; words in the singular shall include the plural, and words in
the plural shall include the singular; the use of a verb in the present tense
shall include the future, if applicable.
(D) General
term. A general term following
specific enumeration of terms is not to be limited to the class enumerated
unless expressly so limited.
§ 10.07 SEVERABILITY.
If any provision of
this code as now or later amended or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions
that can be given effect without the invalid provision or application.
§ 10.08 REFERENCE TO OTHER SECTIONS.
Whenever in 1 section
reference is made to another section hereof, that reference shall extend and
apply to the section referred to as subsequently amended, revised, recodified,
or renumbered unless the subject matter is changed or materially altered by the
amendment or revision.
§ 10.09 REFERENCE TO OFFICES.
Reference to a public
office or officer shall be deemed to apply to any office, officer, or employee
of this city exercising the powers, duties, or functions contemplated in the
provision, irrespective of any transfer of functions or change in the official
title of the functionary.
§ 10.10 ERRORS AND OMISSIONS.
If a manifest error is
discovered, consisting of the misspelling of any words; the omission of any
word or words necessary to express the intention of the provisions affected;
the use of a word or words to which no meaning can be attached; or the use of a
word or words when another word or words was clearly intended to express the
intent, the spelling shall be corrected and the word or words supplied,
omitted, or substituted as will conform with the manifest intention, and the
provisions shall have the same effect as though the correct words were
contained in the text as originally published.
No alteration shall be made or permitted if any question exists
regarding the nature or extent of the error.
§ 10.11 OFFICIAL TIME.
The official time, as
established by applicable state and federal laws, shall be the official time
within this city for the transaction of all city business.
§ 10.12 REASONABLE TIME.
(A) In all cases where an ordinance requires an
act to be done in a reasonable time or requires reasonable notice to be given,
reasonable time or notice shall be deemed to mean the time which is necessary
for a prompt performance of the act or the giving of the notice.
(B) The time within which an act is to be done, as
herein provided, shall be computed by excluding the first day and including the
last. If the last day be Sunday, it
shall be excluded.
§ 10.13 ORDINANCES REPEALED.
This code, from and
after its effective date, shall contain all of the provisions of a general
nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the
subjects treated by this code shall be deemed repealed from and after the
effective date of this code.
§ 10.14 ORDINANCES UNAFFECTED.
All ordinances of a
temporary or special nature and all other ordinances pertaining to subjects not
embraced in this code shall remain in full force and effect unless herein
repealed expressly or by necessary implication.
§ 10.15 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed
by the legislative body requiring publication shall take effect from and after
the due publication thereof, unless otherwise expressly
provided.
Ordinances not requiring publication shall take effect from their
passage, unless otherwise expressly provided.
§ 10.16 REPEAL OR
MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of an
ordinance shall be repealed or modified by a subsequent ordinance, the
ordinance or part of an ordinance thus repealed or modified shall continue in
force until the due publication of the ordinance repealing or modifying it when
publication is required to give effect thereto, unless otherwise expressly
provided.
(B) No suit, proceedings, right, fine, forfeiture,
or penalty instituted, created, given, secured, or accrued under any ordinance
previous to its repeal shall in any way be affected, released, or discharged,
but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had
continued in force, unless it is otherwise expressly provided.
(C) When any ordinance repealing a former
ordinance, clause, or provision shall be itself repealed, the repeal shall not
be construed to revive the former ordinance, clause, or provision, unless it is
expressly provided.
§ 10.17 ORDINANCES
WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to
amend any existing chapter or section of this code, the chapter or section
shall be specifically repealed and a new chapter or section, containing the
desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the
existing code a new chapter or section shall indicate, with reference to the
arrangement of this code, the proper number of that chapter or section. In addition to the indication thereof as may
appear in the text of the proposed ordinance, a caption or title shall be shown
in concise form above the ordinance.
§ 10.18 SECTION
HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the
specific number and passage date of the original ordinance, and the amending
ordinances, if any, are listed following the text of the code section. Example:
(Ord. 161, passed 5-13-1960; Am. Ord. 170,
passed 1-1-1970; Am. Ord. 180, passed 1-1-1980; Am. Ord. 185, passed 1-1-1985)
(B) (1) If a
statutory cite is included in the history, this indicates that the text of the
section reads substantially the same as the statute. Example:
(O.R.S. 192.410)
(2) If a statutory cite is set forth as a statutory
reference following the text of the section, this indicates that the reader
should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This city shall make available to any person for
inspection or copying all public records, unless otherwise exempted by state
law.
Statutory reference:
Inspection of public records, see
§ 10.19
AMENDMENT OF FEES.
The Council may amend
any fees set forth in this code by resolution.
(Ord. 207-10.100, passed 2-13-2007)
§ 10.20 EDITING
OF CODE.
In preparing the
codified edition of ordinance for publication and distribution the City
Attorney shall not alter the sense, meaning, effect or substance of any
ordinance, but, within such limitations may renumber sections and parts of
sections of ordinances, change the wording of headings, rearrange sections,
change reference numbers to agree with the renumbered chapters, sections or
other parts, substitute the proper
subsection, section or chapter or other division
numbers, strike out figures or words which are merely repetitions, change
capitalization for the purpose of uniformity, and correct manifest clerical or
typographical errors.
(Ord. 2007-10.101, passed 2-13-2007)
§ 10.99 GENERAL PENALTY.
(A) Any person violating any provision of this
code for which no other specific penalty is provided shall, upon conviction, be
punished by a fine not to exceed $1,000, subject to division (B) of this
section.
(Am. Ord. 2007-10.99(A), passed 2-13-2007)
(B) Any person violating any provision of this code
which is identical to a state statute containing a lesser penalty shall, upon
conviction, be punished by the penalty prescribed by state statute.
(C) Each calendar date on which a violation occurs
constitutes a separate violation.