Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.010 Citation and reference.
1.05.020 References to City code and amendments.
1.05.030 Title, chapter and section headings.
1.05.040 Reference to specific ordinances.
1.05.060 Repeal of existing ordinances.
1.05.070 Certain ordinances not affected.
1.05.080 Effect of city code on past actions and obligations.
1.05.090 Notice of pending ordinance.
1.05.110 Liability of employers and agents.
1.05.120 Presumption of liability for certain violations.
1.05.130 Penalties not to excuse abatement of prohibited conditions.
1.05.140 Double fee for failure to obtain required licenses.
1.05.150 Official Name of City.
1.05.010 Citation and reference.
This code shall be known, cited and referenced as the “Francis City Code” or “City code” or “code.” The abbreviation “FCC” may be used to stand for Francis City Code. (Ord. 2015-01 § 1, 2015.)
1.05.020 References to City code and amendments.
Whenever a reference is made to this code or any portion thereof, or to any ordinance codified therein, the reference shall apply to all amendments, corrections, and additions hereafter made and then in effect, unless otherwise specified. (Ord. 2015-01 § 1, 2015.)
1.05.030 Title, chapter and section headings.
Title, chapter and section headings contained in this code are for reference only and 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. 2015-01 § 1, 2015.)
1.05.040 Reference to specific ordinances.
The provisions of this code shall not negate any public or private reference to ordinances of Francis City designated by number, but such reference shall be construed to apply to the corresponding provisions contained and codified within this code. (Ord. 2015-01 § 1, 2015.)
1.05.050 Severability.
If any provision of this code is determined to be unconstitutional, void or unlawful, such determination shall not be construed to affect the validity of any other provision of the code, unless so dictated by a particular code provision. (Ord. 2015-01 § 1, 2015.)
1.05.060 Repeal of existing ordinances.
All general ordinances of Francis City enacted prior to the adoption of this code are hereby repealed, except such as are included in this code or which are expressly or by necessary implication herein reserved from repeal. (Ord. 2015-01 § 1, 2015.)
1.05.070 Certain ordinances not affected.
Neither the adoption of this code nor any provision contained therein shall be construed to repeal or otherwise affect the validity of the following: any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds or improvements for the City, or any evidence of the City’s indebtedness; any ordinance authorizing the execution of a contract or the issuance of a warrant; any appropriation or ordinance providing for the levy of taxes or for an annual budget, or establishing City fees or prescribing salaries for City officers and employees; any ordinance establishing City boundaries or annexing territory to the City or discontinuing territory as part of the City; any ordinance governing the transfer or acceptance of real estate to, by or from the City; any ordinance naming or vacating streets, alleys or other public places; any ordinance granting any franchise or special rights to persons or corporations, or other form of special ordinance. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out in full herein. (Ord. 2015-01 § 1, 2015.)
1.05.080 Effect of city code on past actions and obligations.
Neither the adoption of this code nor any provision contained therein shall affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accrued before the effective date of this code. (Ord. 2015-01 § 1, 2015.)
1.05.090 Notice of pending ordinance.
Pursuant to Section 10-9a-509, Utah Code, the Francis City Council may formally initiate proceedings to amend City ordinances. In order to initiate proceedings to amend City ordinances as provided for herein, the City Council may adopt a resolution specifying the nature of the proposed ordinance and directing that City staff prepare such an ordinance. The resolution shall take effect immediately, shall be effective for no more than 180 days, and shall provide that the proposed ordinance shall be enacted by the City Council within 180 days of adoption of the resolution. During the time the resolution is in effect, the City may prohibit activities that may violate the terms of the pending ordinance. This section is not exclusive and shall not be construed to eliminate or diminish any power of the City to initiate a change in ordinance by binding means other than as described in this section. (Ord. 2015-01 § 1, 2015.)
1.05.100 General penalty.
Whenever in this code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense, or wherever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punishable by a fine not to exceed the maximum Class B misdemeanor fine under Utah State law or by a term of imprisonment up to six months, or by both the fine and term of imprisonment. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense, unless otherwise provided. (Ord. 2015-01 § 1, 2015.)
1.05.110 Liability of employers and agents.
When the provisions of this code or any other ordinance of the City prohibit the commission or omission of an act, not only the person actually doing the prohibited thing, or omitting the directed act, but also the employer and all other persons concerned or aiding or abetting therein shall be guilty of the offense described and liable to the penalty prescribed for the offense. (Ord. 2015-01 § 1, 2015.)
1.05.120 Presumption of liability for certain violations.
The occupant and owner of any premises upon which a violation of any provision of this code or of any City ordinance and the owner of any object or material placed or remaining anywhere in violation of any provision of this code or of any City ordinance shall be presumed to be responsible for the violation so evidenced and subject to the penalty provided therefor. (Ord. 2015-01 § 1, 2015.)
1.05.130 Penalties not to excuse abatement of prohibited conditions.
The application of any penalty under this chapter shall not constitute the condoning or legalizing of any prohibited condition or prevent the abatement or enforced removal of such condition by any lawful means available to the City. (Ord. 2015-01 § 1, 2015.)
1.05.140 Double fee for failure to obtain required licenses.
When work or activity for which a permit or license is required by this code or by any City ordinance is commenced without first having acquired such permit or license, the specified fee shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with all the requirements of this code or any applicable City ordinance, nor from any other prescribed penalties. Payment of such double fee or any unpaid portion thereof may be compelled by civil action in any court of competent jurisdiction. The acceptance of any portion less than the entire amount of such double fee by any officer or employee of the City shall not constitute a waiver or release of the balance thereof. (Ord. 2015-01 § 1, 2015.)
1.05.150 Official Name of City.
The official name of the City shall be “Francis City.” It shall be equally valid, however, to use the name “City of Francis.” (Ord. 2015-01 § 1, 2015.)
1.05.160 City seal.
The City seal shall be used by the City Recorder and other City officials as required or allowed by law. The City seal shall be rendered in a form and style approved by the City Council. (Ord. 2015-01 § 1, 2015.)
1.05.170 City celebration.
There shall be an annual City celebration known as “Frontier Days,” to be held on the first Monday in each September and the Saturday prior thereto. The City Council shall direct all activities of Frontier Days, but may appoint committees and individuals to perform specific responsibilities in conjunction therewith. (Ord. 2015-01 § 1, 2015.)