Chapter 1.01


1.01.010    Adoption of compilation.

1.01.020    Maintenance by finance director.

1.01.030    Title – Citation – Reference.

1.01.040    Ordinances passed prior to adoption of the code.

1.01.050    Reference includes all amendments.

1.01.060    Title, chapter and section headings.

1.01.070    Reference to specific ordinances.

1.01.080    Effect of code on past actions and obligations.

1.01.090    Constitutionality.

1.01.100    Codifier authority – Ordinance editing, grouping.

1.01.110    Codifier authority – Editorial corrections.

1.01.120    Permanent and general effect of code copies.

1.01.130    Inconsistent ordinances superseded.

1.01.010 Adoption of compilation.

Pursuant to the provisions of the law of the state of Washington, the “Bellingham Municipal Code” is adopted, as revised, reformatted, indexed, codified, compiled, edited, and republished by Code Publishing Company, Seattle, Washington. [Ord. 2013-03-016 § 1; Ord. 8862 § 1, 1980].

1.01.020 Maintenance by finance director.

The city’s finance director shall, with the assistance of the city attorney, maintain the official compilation of the Bellingham Municipal Code in at least one copy, and shall make the same available to the citizens of the city on request. [Ord. 8862 § 2, 1980].

1.01.030 Title – Citation – Reference.

This code shall be known as the “Bellingham Municipal Code” and it shall be sufficient to refer to it as the Bellingham Municipal Code in any prosecution for the violation of any provision of it, or in any other legal proceeding. 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 a portion of the Bellingham Municipal Code. Further reference may be had to the title, chapters, sections and subsections of the Bellingham Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. [Ord. 8862 § 3, 1980].

1.01.040 Ordinances passed prior to adoption of the code.

The last ordinance included in the initial compilation of the code is Ordinance No. 8670, passed August 14, 1978. The following ordinances, passed subsequent to Ordinance No. 8670 but prior to adoption of this code, are adopted and made a part of this code: Ordinance No. 8670 through Ordinance No. 8812. [Ord. 8862 § 4, 1980].

1.01.050 Reference includes all amendments.

Whenever a reference is made to this code as the Bellingham Municipal Code or to any ordinance of the city of Bellingham, the reference shall apply to all amendments of the ordinance or this code. [Ord. 8862 § 5, 1980].

1.01.060 Title, chapter and section headings.

Title, chapter and section headings contained in the code 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 of the code. [Ord. 8862 § 6, 1980].

1.01.070 Reference to specific ordinances.

References to the Bellingham Municipal Code in documents and matters of record prior to the effective date of the ordinance codified in this chapter shall be construed to apply to the corresponding provisions of the code as adopted by the ordinance codified in this chapter. [Ord. 2013-03-016 § 2; Ord. 8862 § 7, 1980].

1.01.080 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendment of any ordinance shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof; and this adoption may not be construed as a waiver of any license, fee or penalty at its effective date due and unpaid; nor may it be construed as affecting any of the provisions of the ordinances relating to the collection of any such license, fee or penalty; nor may it 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 under such bond or deposit shall continue in full force and effect. [Ord. 2013-03-016 § 3; Ord. 8862 § 8, 1980].

1.01.090 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 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 have 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. [Ord. 2013-03-016 § 4; Ord. 8862 § 9, 1980].

1.01.100 Codifier authority – Ordinance editing, grouping.

Code Publishing Company shall have the following specific authority as to editing, rearranging, and/or grouping of ordinances:

A. Editing ordinances to the extent deemed necessary or desirable for the purpose of modernizing and clarifying the language of such ordinances, but without changing the substance or meaning of any such ordinance;

B. Substituting for the term “this ordinance,” where necessary, the term “section,” “part,” “code,” “chapter,” or “title,” or reference to specific section or chapter numbers, as the case may require;

C. Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or typographical errors, additions, or omissions;

D. Dividing long sections into two or more sections and rearranging the order of sections to ensure a logical arrangement of subject matter;

E. Changing the wording of section captions, if any, and providing captions to new chapters and sections;

F. Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the legislative intent. [Ord. 2013-03-016 § 5].

1.01.110 Codifier authority – Editorial corrections.

The council hereby grants Code Publishing the authority to make editorial corrections to future amendments, updates, and revisions of the Bellingham Municipal Code. Editorial corrections made pursuant to this limited authority shall not be interpreted as changing the substantive meaning of any ordinance enacted by the council.

A. Code Publishing Company shall provide for a uniform style and form of the Bellingham Municipal Code by making minor corrections or revisions to any ordinances submitted for filing which do not affect their sense, meaning, effect or substance.

B. Such changes include renumbering, relettering, capitalizing, punctuating, dividing provisions of the code, providing new headings and catchlines, or correcting omissions or captions.

C. Code Publishing Company may substitute a current title of an agency, bureau, committee, or commission to conform to changes to titles or duties enacted by law or ordinance.

D. Code Publishing Company may substitute references to a title, chapter, or section of the Bellingham Municipal Code to conform to changes to the Bellingham Municipal Code enacted by ordinance.

E. Code Publishing Company may also make minor editorial changes consistent with those outlined in BMC 1.01.100.

F. Changes are subject to the approval of the Bellingham city attorney. [Ord. 2013-03-016 § 6].

1.01.120 Permanent and general effect of code copies.

Copies of such code in published form shall be received as the ordinances of permanent and general effect of the city of Bellingham without further proof by all courts and administrative tribunals of the state. [Ord. 2013-03-016 § 7].

1.01.130 Inconsistent ordinances superseded.

All general ordinances of the city that are inconsistent with this code are hereby superseded, rather than repealed, and in the event any portion of this code is for any reason found or held to be invalid, the superseded ordinance shall be revitalized and shall prevail. [Ord. 2013-03-016 § 8].