Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions and construction.
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts--Principal defined.
1.04.040 Construction of provisions.
1.04.050 Repeal shall not revive any ordinances.
1.04.010 Definitions and construction.
A. The following words and phrases whenever used in the ordinances of the city of Elma, Washington, 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:
1. "City" means the city of Elma, Washington, or the area within the territorial limits of the city of Elma, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provisions.
2. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last; and, if the last day is Sunday or a legal holiday, that day shall be excluded.
3. "Council" means the city council of the city of Elma, Washington. "All its members" or "all councilmen" means the total number of councilmen provided by the general laws of the state of Washington.
4. "County" means the county of Grays Harbor, Washington.
4a. "Director of public works" means the person who shall from time to time be designated to manage the utility departments of the city. When in the course of this municipal code the terms "city superintendent," "sewer and water superintendent," "street superintendent" or such other terms when by their context it is clear that such official is referenced, they shall be deemed to mean the same as director of public works.
5. "Law" denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Elma and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
6. "May" is permissive.
7. "Month" means a calendar month.
8. "Must" and "shall" are each mandatory.
9. "Oath" shall be construed to include 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."
10. "Ordinance" means a law of the city, provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.
11. "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.
12. "Peace officer" means a duly appointed city, county or state law enforcement officer.
13. "Person" means and includes natural persons of either sex, associations, copartnerships, and corporations, whether acting by themselves or by servant, agent or employee. The singular number, when necessary, shall be held and construed to include the plural, and the masculine pronoun, to include the feminine.
14. "Preceding" and "following" mean next before and next after, respectively.
15. "Property" includes real and personal property.
16. "Property, personal" includes money, goods, chattels, things in action and evidences of debt.
17. "Property, real" includes lands, tenements and hereditaments.
18. "Public officer" comprises police officers, the fire chief, the city health officer, city street, sewer and water superintendents, and the city engineer, or their duly authorized deputies, the city building inspector, or the mayor or city supervisor when performing the official duties of any of said officers.
19. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
20. "State" means the state of Washington.
21. "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.
22. "Tenant" and "occupant," applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
23. 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.
24. "Written" includes printed, typewritten, mimeographed or multigraphed.
25. "Year" means a calendar year.
B. All words and phrases shall be construed and understood 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.
C. 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 as including all such acts performed by an authorized agent. (Ord. 838 §1, 1987; Ord. 606 §2, 1976).
1.04.020 Grammatical interpretation.
Unless the context thereof indicates to the contrary, words and phrases used in this code in the past, present or future tenses include the past, present and future tenses; words and phrases used in this code in the masculine, feminine or neuter genders include the masculine, feminine and neuter genders; and words and phrases used in this code in the singular or plural include the singular and plural. (Ord. 606 §3, 1976).
1.04.030 Prohibited acts--Principal defined.
Every person concerned in the commission of a gross misdemeanor or misdemeanor in violation of any city ordinance, whether he directly commits the act constituting the offense, or aids or abets in its commission, and whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a gross misdemeanor or misdemeanor, is a principal, and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commended, induced or procured could not or did not entertain a criminal intent shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. (Ord. 606 §4, 1976).
1.04.040 Construction of provisions.
The provisions of the ordinances of the city of Elma, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 606 §5, 1976).
1.04.050 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 606 §6, 1976).
1.04.055 City office hours.
The office of the city clerk-treasurer shall be open for the transaction of city business between the hours of eight a.m. and five p.m. of every normal city business day; provided, that recognizing the separation of powers, this section shall not govern the hours of the court, which shall be as set by the judge. Normal city business days shall be Monday through Friday of each week, but shall not include holidays occurring during the normal business week of the city as may be established by state law or actions of city council. In recognition of the fact that other city departments are not staffed in the same manner as the office of the clerk-treasurer, the office of the clerk-treasurer shall be the contact point for such offices in the event the office in question is not open at the time of the attempted contact.
For purposes of this section, "transaction of city business" shall mean staff availability for direct contact by members of the public; provided, that such hours may be modified by the mayor on a temporary basis as a result of staffing shortage or other reasons found by the mayor to constitute good cause. Upon a finding of just cause based upon status of the facilities making it not reasonably feasible to perform business activities, including lack of utility services, or weather conditions, the mayor shall have the authority by executive order to authorize the closing of all or certain of the city offices for such period as is deemed necessary and appropriate by the mayor. For purposes of this action, just cause shall not include action with the purpose and intent of extending a holiday period otherwise established by state law or local ordinance.
In event of the mayor’s closure pursuant to the just cause authority, the staff members affected shall not have the period of closure deducted from vacation or other accrued benefits. The mayor shall provide a copy of the executive order to the members of the council as promptly as is reasonably possible after its issuance. (Ord. 1131 §1, 2014).
1.04.060 Severability.
If any section, sentence, clause or phrase of this chapter or code should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or code. (Ord. 606 §7, 1976).