Chapter 1.01
CODE ADOPTION
Sections:
1.01.020 Title – Citation – Reference.
1.01.030 Codification authority.
1.01.040 Repealed.
1.01.050 Reference applies to all amendments.
1.01.060 Title, chapter and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.010 Adoption.
As authorized by Alaska Statutes and Wrangell Municipal Charter, there is adopted the “Wrangell Municipal Code,” as compiled, indexed, edited, printed and published. [Ord. 414 § 1, 1981.]
1.01.020 Title – Citation – Reference.
This code shall be known as the “Wrangell Municipal Code,” and it shall be sufficient to refer to said code as the “Wrangell Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be 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 Wrangell Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Wrangell Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. [Ord. 414 § 2, 1981.]
1.01.030 Codification authority.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City and Borough of Wrangell, Alaska, codified pursuant to the provisions of Alaska Statutes and Wrangell Municipal Charter. [Ord. 414 § 3, 1981.]
1.01.040 Ordinances passed prior to adoption of code.
Repealed by Ord. 833. [Ord. 414 § 4, 1981.]
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the “Wrangell Municipal Code” or to any portion thereof, or to any ordinance of the City and Borough of Wrangell, Alaska, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. [Ord. 414 § 5, 1981.]
1.01.060 Title, chapter and section headings.
Title, chapter and section headings contained in this 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 hereof. [Ord. 414 § 6, 1981.]
1.01.070 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. 414 § 7, 1981.]
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the borough 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 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 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. 414 § 8, 1981.]
1.01.090 Effective date.
This code shall become effective on the date the ordinance adopting this code as the Wrangell Municipal Code shall become effective. [Ord. 414 § 9, 1981.]
1.01.100 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 assembly 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. 414 § 1, 1981.]
1.01.110 Repeal.
All general ordinances of the borough not included in this code or excluded from the operation and effect of this section are repealed. [Ord. 414 § 11, 1981.]
1.01.120 Exclusions.
Every special ordinance of the borough governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of WMC 1.01.110 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, device, license or other benefit; 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. 414 § 12, 1981.]
1.01.130 Revision of code.
A. The borough clerk, with the help from the municipal attorney as may be necessary, shall revise for consolidation into the borough code all ordinances of a general and permanent nature and all ordinances of a temporary or special nature enacted by the assembly.
B. The borough clerk shall edit and revise the laws for consolidation without changing the meaning of any ordinance in the following manner:
1. Renumber sections, parts of sections, chapters, and titles as needs;
2. Change the wording of section or subsection titles, or delete subsection titles, and change or provide new titles for articles, chapters, and titles;
3. Change capitalization for the purpose of uniformity;
4. Substitute the property designation for the terms “the preceding section,” “this ordinance,” and like terms;
5. Substitute the proper calendar date for “effective date of this ordinance,” “date of passage of this ordinance,” and other phrases of similar import;
6. Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;
7. Correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;
8. Correct manifest errors in references to laws;
9. Rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the code;
10. Omit all temporary ordinances, all titles to acts, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the ordinance. [Ord. 745 § 4, 2004.]