Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.020 Definitions and rules of construction.
1.04.040 Catchlines of sections.
1.04.050 Administrative rules and regulations--Publication or posting.
1.04.060 Amendment--Addition--Repeal.
1.04.070 Unlawfully altering code.
1.04.080 Prior resolutions--Status of resolutions.
1.04.090 Temporary and special ordinances to remain in effect.
1.04.100 Repeal of ordinances.
1.04.110 Severability of parts of code.
1.04.010 Title.
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Skagway Municipal Code," and may be so cited.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.020 Definitions and rules of construction.
In the construction of this code and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
A. "Assembly" or "borough assembly" means the legislative body of the municipality.
B. "Borough" has the same meaning as "municipality" or "Municipality of Skagway Borough".
C. Computation of Time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time excluding municipal and federal holidays, but the day on which such proceeding is to be had shall not be counted.
D. Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
E. Interpretation. In the interpretation and application of any provisions of this code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the code imposes greater restrictions upon the subject matter than the general provisions imposed by the code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
F. "Mayor" means the mayor of the municipality.
G. "Municipal attorney" means the municipal attorney of the municipality.
H. "Municipal clerk" means the municipal clerk of the municipality.
I. "Municipal manager" means the municipal manager of the municipality.
J. "The municipality" or "this municipality" shall be construed as if the words "of Skagway" follow the word "municipality," and shall extend to and include its several officers, agents and employees.
K. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.
L. "Oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" or "affirmed."
M. Or, And. "Or" may be read "and" and "and" may be read "or" if the sense requires it.
N. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
O. "Person" extends and applies to associations, clubs, societies, firms, partnerships, and bodies politic and corporate as well as to individuals or groups of individuals.
P. "Personal property" includes every species of property except real property where otherwise provided in this code.
Q. "Regular meeting" or "meeting," whenever the sense of a sentence requires, means "regular or special meeting."
R. "State" or "this state" means the state of Alaska.
S. Tense. Words used in the present or past tense include the future as well as the present or past.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.030 Abbreviations.
A. Whenever in this code the letters "AS" are used, they mean Alaska Statutes.
B. Whenever in this code the letters "SLA" are used, they mean Session Laws of Alaska.
C. Whenever in this code the letters "SMC" are used, they mean Skagway Municipal Code.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.040 Catchlines of sections.
The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted, unless expressly so provided.
(Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.050 Administrative rules and regulations--Publication or posting.
All rules and regulations made by an administrative officer subject to approval by the assembly under the provisions of this code shall be published, either by one (1) publication in a newspaper of general circulation in the municipality, or by posting a copy thereof for ten (10) days following their approval by the assembly on the bulletin board in the municipal offices.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.060 Amendment--Addition--Repeal.
A. All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion in this code. In the case of repealed chapters, sections and subsections of any part of this code, by subsequent ordinances, such repealed portions may be excluded from the code by omission from the reprinted pages. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this code and subsequent ordinances numbered or omitted are readopted as a new code by the assembly.
B. Amendments to any other provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: "Chapter _____, is amended as follows" The new provisions shall then be set out in full as desired.
C. In the event a new section is to be added to the existing code, the following language shall be used: "Chapter _____, is amended as follows by adding Section _____" The new section shall then be set out in full as desired.
D. All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article, or chapter number, as the case may be.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.070 Unlawfully altering code.
It is unlawful for any person in the municipality to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions or to alter or tamper with such code in any manner whatsoever which will cause the law of the municipality to be misrepresented by the alteration. Any person violating this section shall be punished as provided in Chapter 1.20.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.080 Prior resolutions--Status of resolutions.
All resolutions enacted which purport to enact, repeal, amend, alter, enlarge or create ordinances as of the effective date of such resolution are ratified, confirmed, validated and enacted as ordinances of the municipality; providing, however, no such resolution shall have the status of an ordinance and shall not acquire the status of an ordinance unless the title or contents of such resolution clearly shows an intent to have the effect of an ordinance.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.090 Temporary and special ordinances to remain in effect.
The continuance in effect of temporary and/or special ordinances and non-code ordinances, although omitted from the Skagway Municipal Code, shall not be affected by such omission in the code; and the adoption of the code shall not repeal or amend any such ordinance or part of any such ordinance.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.100 Repeal of ordinances.
The repeal of any prior ordinance of the municipality by any subsequent ordinance shall not operate to revive the provisions of any ordinance which may have been repealed by such prior ordinance, unless such revival shall be expressly provided for. Ordinances repealed remain in force for the trial and punishment of all past offenses of them, and for the recovery of penalties and forfeitures already incurred, and for the preservation of all rights and remedies existing by them, and so far as they may apply to any office, trust, proceeding, right, contract or event already affected by them.
(Ord. 08-13, Amended, 04/17/2008; Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)
1.04.110 Severability of parts of code.
The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code.
(Ord. 84-28 § 4 (part), Repealed & Replaced, 11/08/1984)