Chapter 1.05
GENERAL PROVISIONS

Sections:

1.05.010    Definitions.

1.05.020    Title – Citation – Reference.

1.05.030    Reference applies to all amendments.

1.05.040    Title, chapter and section headings.

1.05.050    Title of office.

1.05.060    Interpretation of language.

1.05.070    Grammatical interpretation.

1.05.080    Acts by agents.

1.05.090    Prohibited acts include causing and permitting.

1.05.100    Attempt to commit offenses.

1.05.110    Offenses outside city limits.

1.05.120    Computation of time.

1.05.130    Construction.

1.05.140    Repeal shall not revive any ordinances.

1.05.150    Reference to specific ordinances.

1.05.160    Effect of code on past actions and obligations.

1.05.170    Effective date.

1.05.180    Constitutionality.

1.05.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Sisters, Oregon, 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:

“City” and “town” each mean the city of Sisters, Oregon, or the area within the territorial limits of the city of Sisters, Oregon, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

“Council” means the council of the city of Sisters. “All its members” or “all councilmen” means the total number of councilmen holding office.

“County” means the county of Deschutes.

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

“May” is permissive.

“Month” means a calendar month.

“Must” and “shall” are each mandatory.

“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.”

“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.

“Person” includes a natural person, joint venture, joint stock company, partnership, association, club, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

“Personal property” includes money, goods, chattels, things in action and evidences of debt.

“Preceding” and “following” mean next before and next after, respectively.

“Property” includes real and personal property.

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

“Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

“State” means the state of Oregon.

“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.

“Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

“Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

“Year” means a calendar year. [Added during 1979 codification. Code 2002 § 1.04.010].

1.05.020 Title – Citation – Reference.

This code shall be known as the “Sisters Municipal Code” and it shall be sufficient to refer to said code as the “Sisters Municipal Code” in any prosecution for the violation of any provision thereof 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 thereof as an addition to, amendment to, correction or repeal of the “Sisters Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Sisters Municipal Code” and such reference shall apply to that numbered title, chapter, section, or subsection as it appears in the code. [Added during 1979 codification. Code 2002 § 1.04.020].

1.05.030 Reference applies to all amendments.

Whenever a reference is made to this code as the “Sisters Municipal Code” or to any portion thereof, or to any ordinances of the city of Sisters, Oregon, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. [Added during 1979 codification. Code 2002 § 1.04.030].

1.05.040 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. [Added during 1979 codification. Code 2002 § 1.04.040].

1.05.050 Title of office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. [Added during 1979 codification. Code 2002 § 1.04.050].

1.05.060 Interpretation of language.

All words and phrases shall be construed 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. [Added during 1979 codification. Code 2002 § 1.04.060].

1.05.070 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city of Sisters, unless it is apparent from the context that a different construction is intended.

(1) Gender. Each gender includes the masculine, feminine, and neuter genders.

(2) Singular and Plural. The singular number includes the plural and the plural includes the singular.

(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. [Added during 1979 codification. Code 2002 § 1.04.070].

1.05.080 Acts by agents.

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 to include all such acts performed by an authorized agent. [Added during 1979 codification. Code 2002 § 1.04.080].

1.05.090 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city of Sisters 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. [Added during 1979 codification. Code 2002 § 1.04.090].

1.05.100 Attempt to commit offenses.

A person who shall attempt to commit any of the offenses mentioned in this code, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. [Added during 1979 codification. Code 2002 § 1.04.100].

1.05.110 Offenses outside city limits.

Where permitted by Oregon law, an act made unlawful by this code shall constitute an offense when committed on any property owned or leased by the city, even though outside the corporate limits of the city. [Added during 1979 codification. Code 2002 § 1.04.110].

1.05.120 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. [Added during 1979 codification. Code 2002 § 1.04.120].

1.05.130 Construction.

The provisions of the ordinances of the city of Sisters, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. [Added during 1979 codification. Code 2002 § 1.04.130].

1.05.140 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. [Added during 1979 codification. Code 2002 § 1.04.140].

1.05.150 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. [Added during 1979 codification. Code 2002 § 1.04.150].

1.05.160 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city of Sisters 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 such 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 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. [Added during 1979 codification. Code 2002 § 1.04.160].

1.05.170 Effective date.

This code shall become effective on the date the ordinance adopting this code as the “Sisters Municipal Code” shall become effective. [Added during 1979 codification. Code 2002 § 1.04.170].

1.05.180 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. [Added during 1979 codification. Code 2002 § 1.04.180].