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Title 1
GENERAL PROVISIONSChapters:
1.01 Code Adoption
1.02 Form of Government
1.04 Definitions and Construction
1.08 General Penalty
1.12 Right of Entry
Chapter 1.01
CODE ADOPTIONSections:
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 Effect of code on past actions and obligations.
1.01.090 Effective date.
1.01.100 Constitutionality.
1.01.010 Adoption.
Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the “Enumclaw Municipal Code,” as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 1132 § 1, 1974).
1.01.020 Title – Citation – Reference.
This code shall be known as the “Enumclaw Municipal Code” and it shall be sufficient to refer to this code as the “Enumclaw Municipal Code” in any prosecution for the violation of any provision of this code 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 of this code as an addition to, amendment to, correction or repeal of the “Enumclaw Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Enumclaw Municipal Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 1132 § 2, 1974).
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 Enumclaw, Washington, codified pursuant to the provisions of RCW 35.21.500 through 35.21.570. (Ord. 1132 § 3, 1974).
1.01.040 Ordinances passed prior to adoption of the code.
The last ordinance included in the initial code is Ordinance 1093, passed December 3, 1973. The following ordinances, passed subsequent to Ordinance 1093, but prior to adoption of this code, are adopted and made a part of this code: Ordinances 1094 through 1131, inclusive. (Ord. 1132 § 4, 1974).
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the “Enumclaw Municipal Code” or to any portion thereof, or to any ordinance of the city of Enumclaw, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 1132 § 5, 1974).
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. 1132 § 6, 1974).
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. 1132 § 7, 1974).
1.01.080 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 of this code, 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. 1132 § 8, 1974).
1.01.090 Effective date.
This code shall become effective on the date the ordinance codified in this chapter adopting this code as the “Enumclaw Municipal Code” becomes effective. (Ord. 1132 § 9, 1974).
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 hereof, 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. 1132 § 10, 1974).
Chapter 1.02
FORM OF GOVERNMENTSections:
1.02.010 Classification adopted.
1.02.020 Filing with Secretary of State.
1.02.010 Classification adopted.
There is adopted for the city the classification of noncharter code city retaining the council-mayor plan of government under which the city is presently operating, as provided in RCW 35A.02.030 of the Optional Municipal Code for the State of Washington. (Ord. 1311 § 1, 1980).
1.02.020 Filing with Secretary of State.
The city clerk is authorized and directed to forward to the Secretary of State a certified copy of the ordinance codified in this chapter for filing pursuant to RCW 35A.02.040. (Ord. 1311 § 2, 1980).
Chapter 1.04
DEFINITIONS AND CONSTRUCTIONSections:
1.04.010 Definitions.
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts include causing, permitting, etc.
1.04.040 Construction.
1.04.050 Repeal not to revive ordinances.
1.04.010 Definitions.
A. The following words and phrases whenever used in the ordinances of the city of Enumclaw, Washington, shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1. “City” means the city of Enumclaw, Washington, or the area within the territorial limits of the city of Enumclaw, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision;
2. “Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded;
3. “Council” means the city council of the city of Enumclaw, Washington. “All its members” or “all councilmen” mean the total number of councilmen provided by the general laws of the state of Washington;
4. “County” means the county of King, Washington;
5. “Law” denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Enumclaw, and when appropriate, any and all rules and regulations which may be promulgated thereunder;
6. “May” is permissive;
7. “Month” means a calendar month;
8. Must and Shall. Each is mandatory;
9. “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”;
10. “Or” may be read “and” and “and” may be read “or” if the sense requires it;
11. “Ordinance” means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution;
12. “Owner” applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land;
13. “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;
14. “Personal property” includes money, goods, chattels, things in action and evidences of debt;
15. “Preceding” and “following” mean next before and next after, respectively;
16. “Property” includes real and personal property;
17. “Real property” includes lands, tenements and hereditaments;
18. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;
19. “State” means the state of Washington;
20. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;
21. “Tenant” and “occupant,” applied to a building or land, includes any person who occupies whole or part of such building or land, whether alone or with others;
22. Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city;
23. “Written” includes printed, typewritten, mimeographed or multigraphed;
24. “Year” means a calendar year.
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. 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 as to include all such acts performed by an authorized agent. (Ord. 1076 § 1, 1973).
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city:
A. Gender. Any gender includes the other 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.
D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 1076 § 2, 1973).
1.04.030 Prohibited acts include causing, permitting, etc.
Whenever in the ordinances of the city, any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 1076 § 3, 1973).
1.04.040 Construction.
The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 1076 § 4, 1973).
1.04.050 Repeal not to revive ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 1076 § 5, 1973).
Chapter 1.08
GENERAL PENALTYSections:
1.08.010 Designated.
1.08.010 Designated.
A. Unless otherwise specifically provided, any person violating any provisions, or failing to comply with any of the mandatory requirements of the ordinances of the city, is guilty of a misdemeanor. Any person convicted of a misdemeanor through the ordinances of the city shall be punished as set forth in EMC 9.00.030, unless a specific provision of the code provides a different punishment.
B. Each person is guilty of a separate offense for each and every day during any portion of which any violation of the ordinance of Enumclaw is committed, continued or permitted by any such person, and shall be punished accordingly. (Ord. 1602 § 1, 1989; Ord. 1079 § 1, 1973).
Chapter 1.12
RIGHT OF ENTRYSections:
1.12.010 Inspection – Notice.
1.12.010 Inspection – Notice.
Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after reasonable effort, 24 hours written notice of the authorized official’s intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 1081 § 1, 1973).