|
|
Chapter 1.01
CODE ADOPTIONSections:
1.01.010 Adoption.
1.01.020 Title – Citation – Reference.
1.01.030 Codification authority.
1.01.035 Revision of ordinances.
1.01.040 Ordinances passed prior to adoption of the code.
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.
1.01.090 Effective date.
1.01.100 Constitutionality.
1.01.010 Adoption.
As authorized by AS 29.48.180, there is adopted the “Bethel Municipal Code,” dated 2006. [Ord. 07-01 § 2; Ord. 157 § 1, 1985.]
1.01.020 Title – Citation – Reference.
This code shall be known as the “Bethel Municipal Code” and it shall be sufficient to refer to said code as the “Bethel 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 “Bethel Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Bethel Municipal Code,” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. For the purpose of the application of this section and of any other provision of the “Bethel Municipal Code” and of any other document, “Bethel Municipal Code” may be abbreviated “BMC.” [Ord. 01-05 § 2; Ord. 157 § 2, 1985.]
1.01.030 Codification authority.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Bethel, Alaska, codified pursuant to the provisions of AS 29.48.180. [Ord. 157 § 3, 1985.]
1.01.035 Revision of ordinances.
A. The city clerk is the revisor of ordinances. The revisor of ordinances shall revise for consolidation into the Bethel Municipal Code all ordinances of a general and permanent nature adopted by the city council.
B. The revisor, with the prior approval of the city attorney, shall edit and revise the ordinances for consolidation without changing the meaning of any ordinance in the following manner:
1. Renumber sections, parts of sections, articles, chapters and titles;
2. Change the wording of sections or subsection titles, or delete subsection titles, and change or provide new titles for sections, articles, chapters and titles;
3. Change capitalization for the purpose of uniformity;
4. Substitute the proper 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 adoption 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 that are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;
8. Correct manifest errors in references to laws, regulations, ordinances, and this code;
9. Rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two (2) 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 this code;
10. Change all sections, when possible, to read in the present tense, indicative mood, active voice and if the use of personal pronouns cannot be avoided in a section change the section to read in the third (3rd) person, and singular number, or any other necessary grammatical change in the manner generally followed in this code;
11. Delete or change sections or parts of sections if a deletion or change is necessary because of other council amendments that did not specifically amend or repeal them;
12. Omit all temporary ordinances, all titles to ordinances, 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 them to preserve the full meaning and intent of the ordinance.
C. In exercising authority under this section, the revisor of ordinances shall be guided by conventions and policies followed by the State Revisor of Statutes in the exercise of authority under AS 01.05.031.
D. The revisor shall edit and revise the ordinances as they are adopted by the city council, without changing the meaning of any ordinance, so as to avoid the use of pronouns denoting masculine or feminine gender. [Ord. 98-01 § 2.]
1.01.040 Ordinances passed prior to adoption of the code.
The last ordinance included in the initial code is Ordinance 04-02. The following ordinances, passed subsequent to Ordinance 04-02, but prior to the adoption of this code, are adopted and made a part of this code: Ordinances 04-03 through 06-14. [Ord. 07-01 § 2; Ord. 157 § 4, 1985.]
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the “Bethel Municipal Code” or to any portion thereof, or to any ordinance of the city of Bethel, Alaska, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. [Ord. 157 § 5, 1985.]
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. 157 § 6, 1985.]
1.01.070 Reference to specific ordinances.
The provisions of this code shall not in any manner affect 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. 157 § 7, 1985.]
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 city 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 ordinances, relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, not 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. 157 § 8, 1985.]
1.01.090 Effective date.
This code shall become effective on the date the ordinance adopting this code as the “Bethel Municipal Code” becomes effective. [Ord. 07-01 § 2; Ord. 157 § 9, 1985.]
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 council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, 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. 157 § 10, 1985.]
|
|