Chapter 1.04
GENERAL PROVISIONS

Sections

1.04.010    Definitions

1.04.020    Words and phrases

1.04.030    Acts by principal include acts by agent

1.04.040    Number, gender, and tense

1.04.050    Headings

1.04.060    Amendments

1.04.070    Severability

1.04.080    Provisions self-executing

1.04.090    Prohibited acts include causing, permitting, etc.

1.04.100    Construction

1.04.110    Repeal shall not revive any ordinances

1.04.010 Definitions

The following words and phrases whenever used in this code mean as defined in this section unless from the context a different meaning is intended or unless from the context a different meaning is specifically defined and more particularly directed to the use of such words and 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 Kodiak, Alaska, or the area within the territorial city limits of the city of Kodiak, 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.

“Common carrier” is one who, as a regular business, transports personal property from place to place for hire and who is subject to the Alaska Transportation Commission or Interstate Commerce Commission.

“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.

“Council” means the city council of the city of Kodiak, Alaska. “All its members” or “all councilmembers” means the total number of councilmembers provided for in the charter, without regard to vacancies or absences.

“Fine” and “fines” shall be construed to include reference to any surcharge required to be imposed by AS 29.25.072.

“Law” denotes applicable federal law, the Constitution and statutes of the state of Alaska, the charter and city ordinances, 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 determines to be a public nuisance.

“May” is permissive.

“Month” means a calendar month.

“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.”

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

“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.

“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 part of such building or land.

“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.

“Property” includes real and personal property.

“Public improvement” means an improvement to or in connection with streets, sidewalks, 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 street, 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 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.

“Real property” includes lands, tenements, and hereditaments.

“State” means the state of Alaska.

“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.

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.

“Written” includes printed, typewritten, mimeographed, or multigraphed.

“Year” means calendar year. [Ord. 1081 §1, 1998; Ord. 437 §1, 1975; Ord. 405 §1, 1973. CCK §1.0.15]

1.04.020 Words and phrases

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. [Ord. 405 §1(25), 1973. CCK §1.0.8]

1.04.030 Acts by principal include acts by agent

When an act is required by an ordinance, the act being such that it may be done as well by an agent as by the principal, such requirement includes all such acts performed by an authorized agent. [Ord. 405 §1(26), 1973]

1.04.040 Number, gender, and tense

The following grammatical rules shall apply in the ordinances of the city of Kodiak, Alaska:

(a) Gender. The masculine gender includes the feminine and neuter 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. 405 §2, 1973. CCK §1.0.9]

1.04.050 Headings

Catchlines, headings, and titles of sections and other subdivisions in the code are inserted for the convenience of users of the code, and have no legal effect. [CCK §1.0.10]

1.04.060 Amendments

Any and all additions or amendments to this code, when passed in such form as to indicate the intention of the council to make the same a part thereof, shall be deemed incorporated in this code so that reference to the code of the city shall be understood and intended to include such additions and amendments. [CCK §1.0.5]

1.04.070 Severability

Every chapter and section of this code and every ordinance or resolution heretofore or hereafter enacted by the council which lacks a severability clause shall be construed as though it contained the clause in the following language:

If any provision of this ordinance or resolution or application thereof to any person or circumstance is held invalid, the remainder of this ordinance or resolution and the application to other persons or circumstances shall not be affected thereby.

[CCK §1.0.7]

1.04.080 Provisions self-executing

The provisions of this code shall be construed to be self-executing whenever possible. [CCK §1.0.11]

1.04.090 Prohibited acts include causing, permitting, etc.

Whenever in the ordinance of the city of Kodiak, any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such omission. [Ord. 405 §3, 1973]

1.04.100 Construction

The provisions of the ordinances of the city of Kodiak, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. [Ord. 405 §4, 1973]

1.04.110 Repeal shall not revive any 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. 405 §5, 1973]