CHAPTER 10
General Provisions
Section
10.01 Title of Code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances unaffected
10.14 Effective date of ordinances
10.15 Repeal or modification of ordinance
10.16 Ordinances which amend or supplement Code
10.17 Section histories; statutory references
10.18 [Reserved]
10.99 [Reserved]
Cross-reference:
Ordinances generally; see Charter, Chapter VIII
10.01 TITLE OF CODE.
This codification of ordinances by and for Hermiston shall be designated as the Hermiston Municipal Code, HMC or Code and may be so cited.
(Am. Ord. 2298, passed 3-9-20)
10.02 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this Code as those governing the interpretation of state law.
(Am. Ord. 2298, passed 3-9-20)
10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of this chapter shall apply to ordinances hereafter adopted amending or supplementing this Code unless otherwise specifically provided.
(Am. Ord. 2298, passed 3-9-20)
10.04 CAPTIONS.
Headings and captions used in this Code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(Am. Ord. 2298, passed 3-9-20)
10.05 DEFINITIONS.
(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) Definitions. Unless expressly defined otherwise in a particular chapter, for the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
APPROVAL. An authorization or consent to engage in a particular act, activity or business, including but not limited to a permit or license. An approval by the city does not grant a property right nor does it constitute a warranty, guarantee or other representation of compliance with this Code by the city unless expressly provided otherwise in this Code or in the approval.
BUSINESS DAY. Any day other than a Saturday, Sunday or holiday established by the State of Oregon or the City Council.
CHIEF OF POLICE. The person appointed as the principal law enforcement officer for the city.
CITY. The City of Hermiston, Oregon, including any areas annexed after the effective date of a chapter.
CITY MANAGER. The person appointed pursuant to Section 35 of the City Charter.
CODE, THIS CODE, MUNICIPAL CODE or THIS CODE OF ORDINANCES. This City Code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
COUNTY. Umatilla County, Oregon.
DAY. A calendar day.
INCLUDING. Means including, but not limited to.
INDIVIDUAL. A natural person.
LICENSE. An authorization or approval to engage in a particular act, activity or business. A license does not grant a property right, nor does it constitute a warranty, guarantee or other representation of compliance with this Code by the city unless expressly provided otherwise in this Code or in the license.
LOT. Includes a lot, parcel, tract or unit of land whether created by partition, subdivision, deed or other instrument.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH. An affirmation 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.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of this city.
OWNER. In the context of real property, it is presumed to be the person or entity, including a contract purchaser, shown in the then current real property records of Umatilla County and includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety.
PARCEL. Includes a lot, parcel, tract or unit of land whether created by partition, subdivision, deed or other instrument.
PERMIT. An authorization or approval to engage in a particular act or activity. A permit does not grant a property right nor does it constitute a warranty, guarantee or other representation of compliance with this Code by the city unless expressly provided otherwise in this Code or in the permit.
PERSON. Extends to and includes person, persons, firm, company, corporation, partnership, joint venture, trust, trustee, lessee, receiver or similar entity or the officers, manager, agents or employees of any of them.
PRECEDING or FOLLOWING. Next before or next after, respectively.
PUBLIC RIGHT-OF-WAY. Any street, road, avenue, boulevard, highway, alley, sidewalk, pedestrian or bicycle path owned or controlled by the city, county or state, regardless of whether improved, and including subsurface and air space over such areas.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Oregon.
STATE LAW. The Oregon Revised Statutes. To the extent permitted by law, the most current statutes then in effect shall govern in lieu of those in effect on the date of adoption of a chapter or amendment to this Code.
SUBCHAPTER. A division of a chapter, designated by a heading in the chapter outline and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
TRACT. Includes a lot, parcel, tract or unit of land whether created by partition, subdivision, deed or other instrument.
WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed.
(Ord. 2009, passed 8-28-00; Am. Ord. 2298, passed 3-9-20)
10.06 RULES OF INTERPRETATION.
The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
(A) AND or OR. Either conjunction shall include the other as if written "and/or," if the sense requires it.
(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
(C) Delegation and authority. Reference to a particular city officer, such as the City Manager or Chief of Police, includes those employees, assistants and deputies delegated authority or assigned a responsibility by that city officer or the City Council.
(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(E) Including. Shall be applied as "including but not limited to."
(F) Referential adoption of state laws, rules and regulations. Pursuant to ORS 221.330, all provisions of the state law as now constituted, including administrative rules and regulations, which are incorporated by reference throughout the Municipal Code are adopted herein and shall be effective as though set forth in full. To the maximum extent constitutionally permissible, amendments occurring after passage of the ordinance codified in this section shall be adopted herein as hereafter constituted and shall be effective as though set forth in full.
(Am. Ord. 2298, passed 3-9-20)
10.07 SEVERABILITY.
If any provision of this Code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(Am. Ord. 2298, passed 3-9-20)
10.08 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
10.09 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(Am. Ord. 2298, passed 3-9-20)
10.10 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
10.11 OFFICIAL TIME.
The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all city business.
(Am. Ord. 2298, passed 3-9-20)
10.12 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is on a Saturday, Sunday or holiday, it shall be excluded.
(Am. Ord. 2298, passed 3-9-20)
10.13 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this Code shall remain in full force and effect unless herein repealed or amended expressly or by necessary implication.
(Am. Ord. 2298, passed 3-9-20)
10.14 EFFECTIVE DATE OF ORDINANCES.
Pursuant to Section 18 of the Charter, unless otherwise provided in an ordinance, all ordinances shall take effect on the thirtieth day after adoption.
(Am. Ord. 2298, passed 3-9-20)
10.15 REPEAL OR MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying takes effect.
(B) No suit, citation, complaint, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its amendment or repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(Am. Ord. 2298, passed 3-9-20)
10.16 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the City Council amends any existing chapter or section of this Code, the chapter or section amendment shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing Code a new chapter or section shall indicate, with reference to the arrangement of this Code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(C) Notwithstanding the foregoing, the City Attorney, in consultation with the City Manager or Council as necessary, may renumber, correct cross-references or other minor demonstrable errors provided such corrections are nonsubstantive and necessary to effectuate codification.
(Am. Ord. 2298, passed 3-9-20)
10.17 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the Code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the Code section. Example: (Ord. 60-01, passed 5-13-60; Am. Ord. 70-01, passed 1-1-70; Am. Ord. 80-01, passed 1-1-80; Am. Ord. 85-01, passed 1-1-85)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.
Example: (ORS 192.410) (Ord. 80-01, passed 1-17-80; Am. Ord. 85-01, passed 1-1-85).
(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information.
Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This city shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
Statutory reference:
For provisions concerning the inspection of public records, see ORS 192.420
(Am. Ord. 2298, passed 3-9-20)