Chapter 1.04


1.04.010    Definitions.

1.04.020    Title of office.

1.04.030    Interpretation of language.

1.04.040    Grammatical interpretation.

1.04.050    Acts by agents.

1.04.060    Prohibited acts include causing and permitting.

1.04.070    Computation of time.

1.04.080    Construction.

1.04.090    Repealed.

1.04.010 Definitions.

Whenever used in the ordinances of the city, the following words and phrases shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is stated in the ordinance using the word or phrase:

A. “Appeal” means a request for review of a city decision in accordance with appeal procedures adopted by the city.

B. “Applicant” means a person or authorized agent who applies to the city for a license, permit or other approval.

C. “Application” means an application for a license, permit or other approval that may be issued or denied by the city.

D. “BIMC” or “code” means the Bainbridge Island Municipal Code.

E. “Building official” means the person appointed to be responsible for supervising the enforcement of all applicable building codes, permit processes and inspections.

F. “City” means the city of Bainbridge Island.

G. “City engineer” means the duly appointed city engineer of the city, his employee or authorized deputy.

H. “Clerk” or “city clerk” means the city clerk or such city employee or agent as the mayor shall designate.

I. “Council” or “city council” means the legislative body for the city of Bainbridge Island.

J. “County” means Kitsap County.

K. “Day” means a calendar day.

L. “Director” means the director of a city department.

M. “Ecology” or “DOE” means Washington State Department of Ecology (“Ecology” is preferred).

N. “Fire marshal” means a designated agent of the city who has the authority to implement and enforce the provisions of the adopted fire code and related chapters of the code.

O. “Health district” means the Kitsap County health district.

P. “Health officer” means the Kitsap County director of the Kitsap County health district, or his authorized agent.

Q. “Hearing examiner” means an individual who has been appointed to conduct public hearings in quasi-judicial matters pursuant to Chapter 2.38 BIMC.

R. “Law” means applicable federal law, the Constitution and statutes of the state, the ordinances of the city, and regulations that may be promulgated under all such laws, Constitutions, statutes, and ordinances.

S. “May” is permissive.

T. “Month” means a calendar month.

U. “Must” and “shall” are each mandatory.

V. “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.”

W. “Owner” means a person who keeps, has interest in, has control of, custody or possession of a business or real or personal property.

X. “Permit” means the official written approval by the city to do any action regulated by this code.

Y. “Person” means an individual, association, cooperative, club, society, corporation, partnership, limited liability company, firm, organization, trust, estate, receiver, federal, state or local governmental unit however designated, or municipal corporation.

Z. “Planning commission” means the planning commission of the city.

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

BB. “State” means the state of Washington.

CC. “Year” means a calendar year. (Ord. 2003-22 § 1, 2003: Ord. 96-03 § 1, 1996; Ord. 82-05 § 1, 1982)

1.04.020 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. (Ord. 82-05 § 2, 1982)

1.04.030 Interpretation of language.

All words and phrases not defined in the ordinances of the city shall be construed according to the common usage of the language, but technical words and phrases and such others as may have acquired a specific and appropriate meaning in the law shall be construed and understood according to such technical or specific meaning. (Ord. 2003-24 § 17, 2003: Ord. 82-05 § 3, 1982)

1.04.040 Grammatical interpretation.

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

A. Gender. Each gender includes the masculine, 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. (Ord. 82-05 § 4, 1982)

1.04.050 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. (Ord. 82-05 § 5, 1982)

1.04.060 Prohibited acts include causing and permitting.

Whenever an ordinance of the city makes any act or omission unlawful, it shall also be unlawful to cause, allow, permit, aid, abet, suffer, or conceal the fact of such act or omission. (Ord. 2003-24 § 23, 2003: Ord. 82-05 § 6, 1982)

1.04.070 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 Saturday, Sunday or a holiday, in which case the time period shall run until the end of the following business day. (Ord. 2003-07 § 6, 2003: Ord. 82-05 § 7, 1982)

1.04.080 Construction.

The provisions of the ordinances of the city and all proceedings under them are to be construed to effect their objects and purposes and to promote justice. (Ord. 2003-24 § 24, 2003: Ord. 82-05 § 8, 1982)

1.04.090 Repeal shall not revive any ordinances.

Repealed by Ord. 2003-24. (Ord. 82-05 § 9, 1982)