Chapter 1.20
AMENDMENTS TO CODE

Sections:

1.20.010    Effect.

1.20.020    Manner.

1.20.030    Amendments to the code.

1.20.040    Repeal.

1.20.050    Subject to general penalty.

1.20.060    Supplementation of the code.

State Law Reference – Codification, AS 29.25.050.

1.20.010 Effect.

Any and all additions and amendments to this code, when passed in such form as to indicate the intention of the assembly to make the same a part hereof, shall be deemed to be incorporated in this code so that reference to the “KGB Code” shall be understood and intended to include such additions and amendments. [Code 1974 §5.45.005.]

1.20.020 Manner.

All ordinances passed subsequent to the adoption of this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed titles, chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the code by omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the assembly. [Code 1974 §5.45.010.]

1.20.030 Amendments to the code.

(a)    All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein. In the case of repealed titles, chapters, articles, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances numbered or omitted are readopted as a new code by the assembly.

(b)    Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: “That section ... of the Ketchikan Gateway Borough Code is hereby amended to read as follows: ... ” The new provisions shall then be set out by showing the entire section or subsection of the existing ordinance or code provision being amended, enclosing the deleted portion in brackets, capitalizing all the letters of the text deleted and adding the new words with underlining beneath them. If the new words and deleted words are next to each other, the new words occur first. Notwithstanding the foregoing, the borough attorney, borough clerk or borough manager may draft legislation to repeal and reenact a provision of law without the use of the deletion and insertion format described above when that format renders the changes unduly complicated or confusing. In such case, the ordinance shall be accompanied by a copy of the existing text of the affected section.

(c)    In the event a new section not heretofore existing in the code is to be added, the following language may be used: “That the KGB Code is hereby amended by adding a section (or article, chapter, title or other designation as the case may be), to be numbered _____, which reads as follows: ... ” The new provisions shall then be set out in full as desired, except that the assembly by ordinance may adopt by reference a standard code of regulations or a portion of the statutes of the state of Alaska. [Ord. No. 1211, §3, 3-18-02. Code 1974 §5.45.020.]

1.20.040 Repeal.

All sections, articles, chapters, titles or other provisions of this code desired to be repealed should be specifically repealed by section number, article number, chapter, title or other number, as the case may be. [Code 1974 §5.45.025.]

1.20.050 Subject to general penalty.

In case of the amendment by the assembly of any section of this code for which a penalty is not provided, the general penalty as provided in KGBC 1.25.070 shall apply to the section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. [Code 1974 §5.45.030.]

1.20.060 Supplementation of the code.

(a)    By contract or by borough personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the assembly. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the assembly or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)    In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by the omission thereof from reprinted pages.

(c)    When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may, with the concurrence of the revisor of ordinances:

(1)    Organize the ordinance material into appropriate subdivisions;

(2)    Provide appropriate catchlines, headings and titles for sections and other subdivisions of the code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)    Assign appropriate numbers to sections and other subdivisions to be inserted in the code; and

(4)    Incorporate corrections or modifications identified by the revisor of ordinances pursuant to the authority set forth in KGBC 1.10.050. [Ord. No. 1071, §2, 7-20-98. Code 1974 §5.45.035.]