Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions.
1.04.020 Ordinances included in the Wasilla Municipal Code.
1.04.030 Supplements or revisions to the Wasilla Municipal Code.
1.04.040 Prohibited acts.
1.04.050 Headings.
1.04.060 Intent.
1.04.070 Severability.
1.04.080 Repeal.
1.04.090 Time ordinances take effect.
1.04.100 Computation of time.
1.04.110 Retrospective ordinances.
1.04.120 Words and phrases.
1.04.130 Tense, number and gender.
1.04.010 Definitions.
When used in this code, the following words and phrases shall have the meanings set forth in this section.
“Borough” means the Matanuska-Susitna Borough, Alaska.
“Business day” means a calendar day on which the city’s administrative offices are open to provide general services to the public.
“Calendar day” means any day, including Saturdays, Sundays and holidays.
“City” means the city of Wasilla, Alaska.
“Code” means the Wasilla Municipal Code, including all amendments and additions.
“Council” means the city council of the city.
“Department” means a department, office or agency of the city.
“Department head” means the chief administrative officer of a department.
“Election” means a regular, special or run-off city election.
“Fiscal year” means the fiscal year of the city, which begins on July 1st and ends on June 30th of the following year.
“Law” means the Constitution, statutes and regulations of the United States and the state, the applicable ordinances of the borough, the ordinances of the city, and the applicable common law.
“Majority” means a simple majority.
“May” is permissive.
“Mayor” means the mayor of the city.
“Motor vehicle” has the same meaning as in AS 28.90.990.
“Owner, record owner, or owner of record” means, with respect to real property, the owner of record or purchaser of record as shown in the records of the district recorder.
“Person” means a public or private corporation, political subdivision, partnership, association, firm, trust, estate, or any other entity, as well as a natural person.
“Personal property” means all property other than real property.
“Property” means real and personal property.
“Public right-of-way” means the entire width between the property lines of every way for which a legal right exists for public use.
“Published” means the setting forth of any matter for public notice in the manner provided for by law.
“Real property” means land and improvements and all possessory rights and privileges appurtenant to the property, and includes personal property affixed to the land or improvements.
“Roadway” means the portion of a street improved for vehicular travel, including shoulders, or, where curbs are laid, the portion of the street between the curbs.
“Shall” is mandatory.
“State” means the state of Alaska.
“Street” means a right-of-way that is reserved or dedicated for public use for vehicular and pedestrian travel. (Ord. 08-29 § 2, 2008: Ord. 03-62 § 2, 2003; Ord. 03-37(AM) § 2, 2003; Ord. 01-06 § 2, 2001; prior code § 1.12.010)
1.04.020 Ordinances included in the Wasilla Municipal Code.
Each ordinance after adoption shall be codified as prescribed by Alaska Statutes 29.25.050. (Prior code § 1.12.020)
1.04.030 Supplements or revisions to the Wasilla Municipal Code.
Any and all additions or amendments to such code, when passed in such form as to indicate the intention of the council to make the same a part thereof, shall be deemed to be incorporated in such code so that reference to the “Code of Ordinances of the City of Wasilla, Alaska” shall be understood and intended to include such additions and amendments. (Prior code § 1.12.030)
1.04.040 Prohibited acts.
A. The prohibition of an act in the code and in any ordinance intended to become a part of the code, whether such ordinance shall be an addition to, or an amendment of the code, and in any rule or regulation adopted thereunder, shall include the causing, securing, aiding or abetting of another person to do the act, and which such causing, securing, aiding or
abetting of a prohibited act shall constitute a prohibited act.
B. Every ordinance prohibiting an act or acts and declaring the violation thereof a misdemeanor and providing penalties for violations of such act or acts shall contain appropriate reference thereto in the title of the ordinance. (Prior code § 1.12.040)
1.04.050 Headings.
No provision of this code shall be held invalid because of deficiency in any title, chapter or section heading. 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. 01-01 § 8, 2001: prior code § 1.12.050)
1.04.060 Intent.
It is the legislative intent of the council that all provisions and sections of this code be liberally construed in favor of the purpose of the enactment construed. (Prior code § 1.12.060)
1.04.070 Severability.
Any ordinance heretofore or thereafter adopted by the council which lacks a severability clause shall be construed as though it contained the clause in the following language, “If any provision of this ordinance, or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application to other persons or circumstances shall not be affected thereby.” (Prior code § 1.12.070)
1.04.080 Repeal.
When any ordinance repealing a former ordinance, section or provision is itself repealed, such repeal does not revive the former ordinance, section or provision, unless it is expressly so provided. (Prior code § 1.12.080)
1.04.090 Time ordinances take effect.
A. An ordinance which by its terms is to take effect on a specified day, unless otherwise provided in the ordinance, takes effect at twelve noon on the day specified.
B. An ordinance which by its terms is to take effect from and after a specified day takes effect at midnight of the day specified. (Prior code § 1.12.090)
1.04.100 Computation of time.
The time in which an ordinance provided by law is required to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. (Prior code § 1.12.100)
1.04.110 Retrospective ordinances.
No ordinance is retrospective unless expressly declared therein. (Prior code § 1.12.110)
1.04.120 Words and phrases.
Words and phrases shall be construed according to the rules of grammar and according to their common and approved usage. Technical words and phrases and those which have acquired a peculiar and appropriate meaning, whether by legislative definition or otherwise, shall be construed according to the peculiar and appropriate meaning. (Prior code § 1.12.120)
1.04.130 Tense, number and gender.
A. Words in the present tense include the past and future tenses, and words in the future tense include the present tense.
B. Words in the singular number include the plural, and words in the plural number include the singular.
C. Words of the masculine gender include the feminine and the neuter and when the sense so indicates, words of the neuter gender may refer to any gender. (Prior code § 1.12.130)