Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

1.04.020 Title of office.

1.04.030 Interpretation of language.

1.04.040 Grammatical interpretation.

1.04.050 Acts by agents.

1.04.060 Prohibited acts include causing and permitting.

1.04.070 Computation of time.

1.04.080 Construction.

1.04.090 Repeal shall not revive any ordinances.

1.04.100 Repeal or amendment of any ordinance.

1.04.110 Severability clause.

Editor’s Note: This chapter was added during the 1984 recodification at the request of the city attorney.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Bethel, Alaska, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A. “City” and “town” each mean the city of Bethel, Alaska, or the area within the territorial limits of the city of Bethel, Alaska, and such territory outside Bethel over which the city of Bethel has jurisdiction or control by virtue of any constitutional or statutory provision.

B. “Council” means the city council of the city of Bethel, Alaska. “All its members” or “all councilmen” means the total number of councilmen holding office.

C. “Law” denotes applicable federal law, the Constitution and statutes of the state of Alaska, the ordinances of the city of Bethel, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

D. “May” is permissive.

E. “Month” means a calendar month.

F. “Must” and “shall” are each mandatory.

G. “Oath” includes an affirmation or declaration 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” and “affirmed.”

H. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

I. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

J. “Personal property” includes money, goods, chattels, things in action and evidences of debt.

K. “Preceding” and “following” mean next before and next after, respectively.

L. “Property” includes real and personal property.

M. “Real property” includes land, tenements and hereditaments.

N. “State” means the state of Alaska.

O. “Street” includes all the streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may, after the effective date of this chapter, be dedicated and open to public use, or such other public property so designated in any law of this state.

P. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

Q. “Walkway” means that portion of a street or highway between the curbline and the adjacent property line intended for the use of pedestrians.

R. “Written” includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.

S. “Year” means a calendar year.

1.04.020 Title of office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Bethel.

1.04.030 Interpretation of language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

1.04.040 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city of Bethel, unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

1.04.050 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

1.04.060 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city of Bethel, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

1.04.070 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first (1st) day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

1.04.080 Construction.

The provisions of the ordinances of the city of Bethel and all proceedings under them are to be construed with a view to effect their objects and to promote justice.

1.04.090 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

1.04.100 Repeal or amendment of any ordinance.

A. The repeal or amendment of any ordinance does not release or extinguish any penalty, forfeiture, or liability incurred or right accruing or accrued under such ordinance unless the repealing or amending act expressly so provides. An amended or repealed ordinance shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any right, penalty, forfeiture or liability.

B. The expiration of a temporary ordinance does not release or extinguish any penalty, forfeiture, or liability incurred or right accruing or accrued under such ordinance unless the temporary ordinance expressly so provides, and such ordinance shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement for such penalty, forfeiture or liability, or right accruing or accrued.

C. The simultaneous repeal and reenactment or readoption of an ordinance or provision of this code shall have the same effect as if the legislative action taken were to amend the provision to read as shown in the readopted or reenacted language without a repeal. [Ord. 01-05 § 3; Ord. 215 § 4, 1993.]

1.04.110 Severability clause.

Any ordinance heretofore or hereafter enacted by the city 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 circumstance is held invalid, the remainder of this ordinance and the application to other persons or circumstances shall not be affected thereby. The city council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. [Ord. 215 § 4, 1993.]