Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Title – Citation – Reference.
1.01.020 Reference applies to amendments.
1.01.030 Codification authority.
1.01.040 Definitions and construction.
1.01.050 Title, chapter and section headings.
1.01.060 Reference to specific ordinances.
1.01.070 Effect of code on past actions and obligations.
1.01.110 Violations – Penalty.
1.01.120 Failure to pay fine, costs.
1.01.001 Adoption.
The Clarkston Municipal Code, 1966 Edition, codified, indexed and published by Book Publishing Company, 2518 Western Avenue, Seattle, Washington, comprising on initial publication all general ordinances up to and including Ordinance No. 616, passed December 13, 1965, is hereby adopted as the official code to include all council enactments up to the indicated date, and all subsequent enactments shall be codified and adopted from time to time. [Ord. 626 § 1, 1966.]
1.01.010 Title – Citation – Reference.
This code shall be known as the “Clarkston Municipal Code” and it shall be sufficient to refer to said code as the “Clarkston Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also 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 of, or repeal of the “Clarkston Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Clarkston Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. [Ord. 626 § 2, 1966.]
1.01.020 Reference applies to amendments.
Whenever a reference is made to this code as the “Clarkston Municipal Code” or to any portion thereof, or to any ordinance of the city of Clarkston, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. [Ord. 626 § 2, 1966.]
1.01.030 Codification authority.
This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the city of Clarkston, Washington, codified pursuant to RCW 35.21.500. [Ord. 626 § 2, 1966.]
1.01.040 Definitions and construction.
Unless the context otherwise requires, the following words and phrases where used in the ordinances of the city of Clarkston shall have the meaning and construction given in this section:
(1) “Code” means the “Clarkston Municipal Code.”
(2) “City” means the city of Clarkston.
(3) “City council” means the city council of the city of Clarkston.
(4) “County” means the county of Asotin.
(5) “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, or employee of any of them.
(6) “State” means the state of Washington.
(7) “Oath” includes affirmation.
(8) Gender. The masculine gender includes the feminine and neuter.
(9) Number. The singular number includes the plural, and the plural the singular.
(10) Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense.
(11) Shall, May. “Shall” is mandatory, “may” is permissive.
(12) Title of Office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Clarkston. [Ord. 626 § 2, 1966.]
1.01.050 Title, chapter and section headings.
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. 626 § 2, 1966.]
1.01.060 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 this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. [Ord. 626 § 2, 1966.]
1.01.070 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment 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, 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. 626 § 2, 1966.]
1.01.080 Repeal.
All general ordinances of the city of Clarkston not included in this code or excluded from the operation and effect of this section are hereby repealed. [Ord. 626 § 2, 1966.]
1.01.090 Exclusions.
Every special ordinance of this city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of CMC 1.01.080 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, devise, license or other benefit; and all ordinances passed by the city of Clarkston subsequent to December 13, 1965; 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. 626 § 2, 1966.]
1.01.100 Effective date.
This code shall become effective on the date the ordinance adopting this code as the “Clarkston Municipal Code” shall become effective. [Ord. 626 § 2, 1966.]
1.01.110 Violations – Penalty.
(1) Types of Penalties. There shall be three types of penalties for violations of this code: (a) civil infractions; (b) misdemeanors; and (c) gross misdemeanors.
(a) Infractions. Any person found to have committed a civil infraction under the ordinances of the city shall be assessed a monetary penalty of not more than $500.00. In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by this chapter may forfeit the fine amount to the municipal court.
(b) Misdemeanors. Any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not more than $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.
(c) Gross Misdemeanors. Any person convicted of a gross misdemeanor under the ordinances of the city shall be punished by a fine of not more than $5,000, or by imprisonment not to exceed 364 days, or by both such fine and imprisonment. [Ord. 1607 § 2, 2018; Ord. 626 § 2, 1966.]
1.01.120 Failure to pay fine, costs.
Upon the rendition of judgment against any defendant for violation of any ordinance of this city, the police magistrate or justice of the peace shall make an order and enter the same upon his docket that, if the defendant shall neglect or refuse to satisfy such judgment and costs of suit, he shall be confined in the city jail or other place of confinement provided for that purpose, one day for each $4.00 of such judgment and costs, and during such confinement he may be required to labor upon the streets or do other work for the city under the supervision and direction of the chief of police. Execution shall be issued immediately upon the rendition of judgment. [Ord. 626 § 2, 1966.]
1.01.130 Severability.
If any section, subsection, sentence, clause, phrase, portion, or part of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts, or portions be declared invalid or unconstitutional. [Ord. 626 § 2, 1966.]