Chapter 1.04


1.04.010    Rules of construction – Retroactive effect.

1.04.020    Repeal shall not revive any enactments.

1.04.030    Effective date of enactments.

1.04.040    Enactments shall be severable.

1.04.050    Continuation of enactments.

1.04.060    Liberal construction.

1.04.070    Definitions.

1.04.080    Grammatical interpretation.

1.04.090    Prohibited acts include causing, permitting, etc.

1.04.010 Rules of construction – Retroactive effect.

This chapter is enacted to clarify and make definite certain rules concerning the interpretation and construction of enactments of the Board of County Commissioners. These rules shall have effect unless a contrary legislative intent clearly appears with respect to a particular enactment or portion thereof. These rules shall have retroactive as well as prospective effect; they shall govern the interpretation and construction of enactments passed before, on, or after the date of passage of this chapter. [Ord. 5428, § 1, 9-7-77.]

1.04.020 Repeal shall not revive any enactments.

The repeal of an ordinance, resolution, or other enactment shall not repeal the repealing clause of such enactment or revive any repealed enactment, unless a contrary legislative intent clearly appears. [Ord. 5428, § 2, 9-7-77.]

1.04.030 Effective date of enactments.

Ordinances, resolutions and other enactments shall take effect immediately after passage, unless another time is specified by the enactment or by other law. [Ord. 5428, § 3, 9-7-77.]

1.04.040 Enactments shall be severable.

All ordinances, resolutions and other enactments shall be deemed severable. If any portion of an enactment is held invalid by a court of competent jurisdiction, the remaining portions shall remain in effect, unless a contrary legislative intent clearly appears. [Ord. 5428, § 4, 9-7-77.]

1.04.050 Continuation of enactments.

The provisions of an ordinance, resolution, or other enactment, so far as they are substantially the same as those of an enactment existing at the time when they are enacted, must be construed as continuations thereof. [Ord. 5428, § 5, 9-7-77.]

1.04.060 Liberal construction.

The provisions of the enactments of Cowlitz County shall be liberally construed, and shall not be limited by any rule of strict construction. [Ord. 5428, § 6, 9-7-77.]

1.04.070 Definitions.

A. In interpreting the meaning of words in this Code, the definitions contained in this section will apply if and only if the meaning of a word cannot be determined from the context of the enactment in which it appears.

“County” means the county of Cowlitz, Washington, or the area within the limits of Cowlitz County, and such territory outside of Cowlitz County over which the county has jurisdiction or control by virtue of any constitutional or statutory provision.

“Law” denotes applicable federal law, the Constitution and statutes of the State of Washington, the ordinances and resolutions of Cowlitz County, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

“May” is permissive.

“Must” and “shall.” Each is mandatory.

“Oath” shall be construed to include 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.”

“Or” may be read “and” and “and” may be read “or” if the sense requires it.

“Person” means 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.

Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the county.

B. All words and phrases shall be construed and understood 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.

C. Wherever used in this Code or county planning documents, including the county comprehensive planning documents, the words “land use ordinance” shall be synonymous with the words “Zoning Code.” [Ord. 5848, § 2, 7-31-78; Ord. 5428, § 7, 9-7-77.]

1.04.080 Grammatical interpretation.

The following grammatical rules shall apply in the enactments of Cowlitz County, if the sense so requires:

A. Gender. The masculine gender may include the feminine and neuter genders.

B. Singular and Plural. The singular number may include the plural and the plural may include the singular.

C. Tenses. Words used in the present tense may include the past and the future tenses and vice versa. [Ord. 5428, § 8, 9-7-77.]

1.04.090 Prohibited acts include causing, permitting, etc.

Whenever in the ordinances or resolutions of Cowlitz County 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. [Ord. 5428, § 9, 9-7-77.]