Chapter 1.01
CODE ADOPTION

Sections:

1.01.010    Code adopted.

1.01.020    Title – Citation – Reference.

1.01.030    Reference applies to amendments.

1.01.040    Codification authority.

1.01.050    Definitions – Construction.

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    Effective date.

1.01.100    Severability.

1.01.010 Code adopted.

The Davenport Municipal Code, as compiled from the ordinances of the city of Davenport, Washington, and edited and published by Book Publishing Company of Seattle, Washington, is adopted as the official code of the city of Davenport, Washington. (Ord. 399 § 1, 1970).

1.01.020 Title – Citation – Reference.

This code shall be known as the “Davenport Municipal Code,” and it shall be sufficient to refer to the code as the “Davenport Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also 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 of, or repeal of the “Davenport Municipal Code.” Further reference may be had to the titles, chapters, sections, and subsections of the “Davenport Municipal Code,” and such reference shall apply to that numbered title, chapter, section, or subsection as it appears in that code. (Ord. 399 § 2, 1970).

1.01.030 Reference applies to amendments.

Whenever a reference is made to this code as the “Davenport Municipal Code” or to any portion thereof, or to any ordinance of the city of Davenport, Washington, that reference shall apply to all amendments, corrections, and additions heretofore, now or hereafter made. (Ord. 399 § 3, 1970).

1.01.040 Codification authority.

This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to RCW 35.21.500 through RCW 35.21.570, inclusive. (Ord. 399 § 4, 1970).

1.01.050 Definitions – Construction.

Unless the context otherwise requires, the following words and phrases where used in the ordinances of the city of Davenport shall have the meaning and construction given in this section:

(1) “Code” means the “Davenport Municipal Code.”

(2) “City” means the city of Davenport.

(3) “City council” means the city council of the city of Davenport.

(4) “County” means the county of Lincoln.

(5) “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business, trust, or the manager, lessee, agent, servant, officer, or employee of any of them.

(6) “State” means the state of Washington.

(7) “Oath” includes affirmation.

(8) Gender. The masculine gender includes the feminine and neuter.

(9) Number. The singular number includes the plural, and the plural includes the singular.

(10) Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense.

(11) Shall, May. “Shall” is mandatory, “may” is permissive.

(12) Title of Office. The use of the title of any officer, employee, department, board, or commission means that officer, employee, department, board, or commission of the city of Davenport.

(13) “Owner,” when pertaining to a building or land, shall include any part owner, joint owner, tenant in common, or joint tenant of the whole or part of such building or land.

(14) “Street” includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in Davenport 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.

(15) “Tenant” or “occupant” when pertaining to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with other.

(16) “Goods” include wares and merchandise.

(17) “Operate” or “engage in” includes carry on, keep, conduct, maintain, or cause to be kept or maintained.

(18) “Across” includes along, in, or upon.

(19) “Sale” includes any sale, exchange, barter, or offer for sale.

(20) “Ex officio” means by virtue of office. (Ord. 399 § 5, 1970).

1.01.060 Title, chapter, and section headings.

Title, chapter, and section headings contained in this 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 this code. (Ord. 399 § 6, 1970).

1.01.070 Reference to specific ordinances.

The provisions of this code shall not in any manner affect deposits or other 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 this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 399 § 7, 1970).

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 or any part of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee, or penalty at said 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 license, fee, or penalty, or the penal 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. (Ord. 399 § 8, 1970).

1.01.090 Effective date.

The Davenport Municipal Code shall become effective on the date that the ordinance codified in this chapter becomes effective, and the ordinance codified in this chapter shall take effect and be in full force from and after five days after its passage, approval, and publication. (Ord. 399 § 9, 1970).

1.01.100 Severability.

If any section, subsection, sentence, clause, phrase, part, or portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Ord. 399 § 10, 1970).