Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title – Citation – Reference.
1.01.030 Codification authority.
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 Effective date.
1.01.090 Constitutionality.
1.01.100 Severability.
1.01.110 Effect of repeals or amendments.
1.01.120 Provisions self-executing.
* For statutory provisions requiring municipalities to codify each ordinance after adoption, see AS 29.25.050.
1.01.010 Adoption.
As authorized by AS 29.25.050, there is adopted the “Kodiak Island Borough Code,” as compiled, edited, and published by Book Publishing Company of Seattle, Washington, in 1974. The “Kodiak Island Borough Code” was republished by the Code Publishing Company of Seattle, Washington, in 2008. [Ord. FY2011-03 §2, 2010; Ord. 74-45-O §1, 1975].
1.01.020 Title – Citation – Reference.
This code shall be known as the “Kodiak Island Borough Code,” and it is sufficient to refer to the code as the “Kodiak Island Borough 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 Kodiak Island Borough Code. Further reference may be had to the titles, chapters, sections, and subsections of the Kodiak Island Borough Code and such references shall apply to that numbered title, chapter, section, or subsection as it appears in the code. [Ord. FY2011-03 §2, 2010; Ord. 74-45-O §2, 1975].
1.01.030 Codification authority.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the Kodiak Island Borough, Alaska, codified pursuant to the provisions of AS 29.25.050. [Ord. FY2011-03 §2, 2010; Ord. 74-45-O, §3, 1975].
1.01.040 Ordinances passed prior to adoption of the code.
The last ordinance included in the initial code published by Book Publishing Company is Ordinance No. 74-13-O, passed April 4, 1974. During original codification, the ordinances were compiled, edited, and indexed by the editorial staff of Book Publishing Company. Since January 1987, the borough clerk’s office has been responsible for keeping the code current up to Ordinance No. FY2007-16. On December 1, 2008, the code was republished by Code Publishing Company which included Ordinance No. FY2008-17, passed March 20, 2008. Code Publishing Company is responsible for subsequent supplements. [Ord. FY2011-03 §2, 2010; Ord. 74-45-O §4, 1975].
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the “Kodiak Island Borough Code” or to any portion thereof, or to any ordinance of the Kodiak Island Borough, Alaska, the reference shall apply to all amendments, corrections, and additions heretofore, now or hereafter made. [Ord. FY2011-03 §2, 2010; Ord. 74-45-O §5, 1975].
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 of this code. [Ord. FY2011-03 §2, 2010; Ord. 74-45-O §6, 1975].
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. FY2011-03 §2, 2010; Ord. 74-45-O §7, 1975].
1.01.080 Effective date.
This code shall become effective on the date the ordinance adopting this code as the “Kodiak Island Borough” becomes effective. [Ord. FY2011-03 §2, 2010; Ord. 74-45-O §9, 1975].
1.01.090 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. FY2011-03 §2, 2010; Ord. 74-45-O §10, 1975].
1.01.100 Severability.
Every title and chapter of this code and every ordinance or resolution heretofore or hereafter enacted by the assembly 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 resolution or application thereof to any person or circumstance is held invalid, the remainder of this ordinance or resolution and the application to other persons or circumstances shall not be affected thereby.
[Ord. FY2011-03 §2, 2010; prior code Ch. 1 §6].
1.01.110 Effect of repeals or amendments.
A. The repeal or amendment of any ordinance or resolution does not release or extinguish any penalty, forfeiture, liability incurred, or right accruing or accrued under such law, unless the repealing or amending act so provides expressly. The law shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture, or liability.
B. The expiration of a temporary law does not release or extinguish any penalty, forfeiture, or liability incurred or right accruing or accrued under such law unless the temporary law so provides expressly and such law shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability, or right accruing or accrued.
C. When any ordinance repealing a former ordinance, section, or provision is itself repealed, the repeal does not revive the former ordinance, section, or provision, unless it is expressly so provided. [Ord. FY2011-03 §2, 2010; Ord. 74-7-O §3, 1974; prior code Ch. 1 §9].
1.01.120 Provisions self-executing.
The provisions of this code shall be construed to be self-executing whenever possible. [Ord. FY2011-03 §2, 2010; prior code Ch. 1 §10].