Chapter 1.01


1.01.010    Adoption of Ketchikan Municipal Code.

1.01.020    Title – Citation – Reference.

1.01.030    Reference applies to amendments.

1.01.040    Codification authority.

1.01.050    Definitions.

1.01.060    Grammatical interpretation.

1.01.070    Construction.

1.01.080    Title, chapter and section headings.

1.01.090    Reference to specific ordinances.

1.01.100    Effect of code on past actions and obligations.

1.01.110    Effect of repeal.

1.01.120    Repeal.

1.01.130    Exclusions.

1.01.140    Prohibited acts include causing, permitting, etc.

1.01.150    Effective date.

1.01.160    Constitutionality.

1.01.170    Revision of code.

1.01.010 Adoption of Ketchikan Municipal Code.

As authorized by Section 2-16 of the Charter of the city of Ketchikan, Alaska, there is hereby adopted the “Ketchikan Municipal Code” as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 727 § 1, 1970)

1.01.020 Title – Citation – Reference.

This code shall be known as the “Ketchikan Municipal Code” and it shall be sufficient to refer to this code as the “Ketchikan 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 “Ketchikan Municipal Code.” Further, reference may be had to the titles, chapters, sections and subsections of the “Ketchikan Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. (Ord. 727 § 2, 1970)

1.01.030 Reference applies to amendments.

Whenever a reference is made to this code as the “Ketchikan Municipal Code” or to any portion thereof, or to any ordinance of the city of Ketchikan, Alaska, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 727 § 3, 1970)

1.01.040 Codification authority.

This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the city, codified pursuant to Section 2-16 of the Charter of the city. (Ord. 727 § 4, 1970)

1.01.050 Definitions.

The following words and phrases whenever used in this code 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:

“Capital improvement” means a public improvement of a permanent nature, and may include land and equipment necessary for the functioning of a building or other capital improvement;

“City” means the city of Ketchikan, Alaska, or the area within the territorial city limits of the city of Ketchikan, Alaska, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or Charter provisions, or any law;

“Council” means the city council of Ketchikan. “All its members” or “all councilmen” means the total number of councilmen provided for in the Charter, without regard to vacancies or absences;

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

“Local improvement” means public improvement specially beneficial to the property affected, and also includes the abatement of such unsafe, unhealthful, or unsanitary conditions as the council shall determine to be a public nuisance;

“Oath” includes affirmation;

Office. The use of the title of any officer, employee, or any office, or ordinance or Charter means such officer, employee, office, ordinance or Charter of the city, unless otherwise specifically designated;

“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;

“Person” extends and applies to association, firm, corporation, government agency and unit of government as well as to an individual;

“Public improvement” means improvements to or in connection with streets, sidewalks, parks, playgrounds, buildings, sewer systems, water systems, power systems, harbor facilities and any other real property or appurtenances thereof of the city used by the public;

“Public utility” includes all common carriers in the public streets, water, sewage disposal, electric light, central heating, gas, electric power, telephone and telegraph lines and systems, and such other and different enterprises as the law or the council may determine.

“Publish,” “published,” or “publication” includes the setting forth of any matter for public notice at least once in one or more newspapers of the city qualified by law for the publication of notices, or posting in at least five conspicuous public places in the city. In all such cases of publication by posting, the city clerk shall provide a copy of the ordinance, notice or document posted, on request from any person, without charge, at any time within two months after posting;

“State” means the state of Alaska;

“Shall” and “must.” Each is mandatory;

“May” is permissive;

“Written” includes printed, typewritten, mimeographed or multigraphed. (Ord. 727 § 5, 1970)

1.01.060 Grammatical interpretation.

The following grammatical rules shall apply in this code:

(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;

(d)    Use of Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 727 § 6, 1970)

1.01.070 Construction.

The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. (Ord. 727 § 7, 1970)

1.01.080 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. 727 § 8, 1970)

1.01.090 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. 727 § 9, 1970)

1.01.100 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 the 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. 727 § 10, 1970)

1.01.110 Effect of repeal.

(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 ordinance expressly so provides. The ordinance 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 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 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, such repeal does not revive the former ordinance, section or provision, unless it is expressly so provided. (Ord. 1045 § 1, 1984; Ord. 727 § 11, 1970)

1.01.120 Repeal.

All general ordinances of the city not included in this code or excluded from the operation and effect of this section are hereby repealed. (Ord. 727 § 12, 1970)

1.01.130 Exclusions.

Every special ordinance of the city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of KMC 1.01.120 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; 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. 727 § 13, 1970)

1.01.140 Prohibited acts include causing, permitting, etc.

Whenever in this code 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. 727 § 14, 1970)

1.01.150 Effective date.

This code shall become effective on the date the ordinance adopting this code as the “Ketchikan Municipal Code” becomes effective. (Ord. 727 § 15, 1970)

1.01.160 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 hereby 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. 727 § 16, 1970)

1.01.170 Revision of code.

(a)    The city clerk, with such help from the municipal attorney as may be necessary, shall revise for consolidation into the city code all ordinances of a general and permanent nature and all ordinances of a temporary or special nature enacted by the council.

(b)    The city clerk shall edit and revise the laws for consolidation without changing the meaning of any law in the following manner:

(1)    Renumber sections, parts of sections, articles, chapters, and titles as needed;

(2)    Change the wording of section or subsection titles, or delete subsection titles, and change or provide new titles for articles, chapters, and titles;

(3)    Change capitalization for the purpose of uniformity;

(4)    Substitute the proper designation for the terms “the preceding section,” “this ordinance,” and like terms;

(5)    Substitute the proper calendar date for “effective date of this ordinance,” “date of passage of this ordinance,” and other phrases of similar import;

(6)    Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;

(7)    Correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;

(8)    Correct manifest errors in references to laws;

(9)    Rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the code;

(10)    Omit all temporary ordinances, all titles to acts, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the law. (Ord. 1134 § 1, 1988)