Chapter 1.01
CODE ADOPTION
Sections:
1.01.020 Reference applies to amendments.
1.01.030 New or amendatory material.
1.01.050 Title, chapter, and section headings.
1.01.060 Construction of code.
1.01.070 Reference to specific resolutions and/or ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Repeal not to revive any resolution and/or ordinance.
1.01.100 Code reviser established.
1.01.110 Compilation and revision of ordinances.
1.01.120 Omission of certain sections of ordinances.
1.01.150 Improvement of codes.
1.01.160 Violations – Penalties.
1.01.010 Code adopted.
(1) The compilation and codification of county laws, resolutions, and ordinances of a general and permanent nature, including all such laws, resolutions, and ordinances approved on or before October 24, 1994, including ordinances through Ordinance No. 14-94, is adopted as the official code of Jefferson County to be known hereafter as the “Jefferson County Code.” Ordinances of a general and permanent nature adopted after October 24, 1995, and numbered from Ordinance No. 15-94, remain valid and subsist in the law of Jefferson County. Such ordinances shall be made part of the Jefferson County Code in the manner provided by JCC 1.01.030.
(2) The Jefferson County Code shall be maintained, published and supplemented by the official code reviser. The code may be cited by its abbreviation “JCC” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any portion of the code as an addition to, amendment to, correction of, or repeal of the “Jefferson County Code.” Further reference may be made to the titles, chapters, sections and subsections of the “Jefferson County Code” and such reference shall apply to that number, title, chapter, section or subsection as it appears in this code. [Ord. 20-95 § 1]
1.01.020 Reference applies to amendments.
Whenever a reference is made to this code as the “Jefferson County Code” or to any portion thereof or to any resolution, motion and/or ordinance of Jefferson County, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. [Ord. 20-95 § 2]
1.01.030 New or amendatory material.
New, amendatory or other materials altering the Jefferson County Code shall be adopted by the board of county commissioners as separate ordinances. After adoption of the code, any ordinance amending the codification shall set forth in full the section or sections, or subsection or subsections of the codification being amended, as the case may be. [Ord. 20-95 § 3]
1.01.040 Definitions.
(1) Unless the context otherwise requires, the following words and phrases where used in this code shall have the meaning and construction given in this section:
(a) “Aggrieved person,” “person aggrieved” and/or “aggrieved party of record” means one whose proprietary, pecuniary or personal rights would be substantially affected by a particular action.
(b) “Code” means the “Jefferson County Code.”
(c) “Board of commissioners” means the Jefferson County board of county commissioners.
(d) “County” means the county of Jefferson.
(e) “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or their manager, lessee, agent, servant, officer or employee or any of them.
(f) “State” means the state of Washington.
(g) “Oath” includes affirmation.
(h) Shall, May. “Shall” is mandatory, “may” is permissive.
(2) Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may be applied to the singular; and words importing the masculine gender may be extended as well to the feminine and neuter gender.
(3) The present tense includes the past and future tenses and the future tense includes the present tense.
(4) The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of Jefferson County.
(5) Unless subsequent provisions of this code specifically provide otherwise, the date of action or, in those cases requiring personal or certified mail service, the date of service shall not be included when computing time periods. The last day of the period so computed shall be included unless it is not a business day, in which event the period runs until the close of the next business day. [Ord. 20-95 § 4]
1.01.050 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, meanings or intent of the provisions of any title, chapter or section of this code. [Ord. 20-95 § 5]
1.01.060 Construction of code.
The provisions of this code and all proceeding under it are to be construed with a view to effect its objectives and to promote justice. [Ord. 20-95 § 6]
1.01.070 Reference to specific resolutions and/or ordinances.
The provisions of this code shall not in any manner affect depositary or other matters of record which refer to or are otherwise connected with resolutions and/or 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. 20-95 § 7]
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment hereby of any resolution and/or ordinance or part of portion of any resolution and/or ordinance of the county shall in any manner affect the prosecution for violation of resolutions and/or ordinances when said violations were committed prior to the effective date hereof nor be construed as a waiver of any license, fee or penalty at the effective date due and unpaid under such resolutions and/or ordinances nor be construed as affecting any of the provisions of such resolutions and/or ordinances relation 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 resolution and/or ordinance, nor be construed as to affect any civil right or remedy existing at the time of the effective date, nor shall the omission to specify or affirm any liability to any damages, penalty, forfeiture or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding for any act or omission declared punishable herein affect any right to recover or enforce the same and all rights and obligations thereunder appertaining shall continue in full force and effect. [Ord. 20-95 § 8]
1.01.090 Repeal not to revive any resolution and/or ordinance.
The repeal of a resolution and/or ordinance shall not repeal the repealing clause of such resolution and/or ordinance or revive any resolution and/or ordinance which has been repealed thereby. [Ord. 20-95 § 9]
1.01.100 Code reviser established.
The clerk of the board of county commissioners shall be designated the official code reviser and shall compile the ordinance law of Jefferson County as enacted by the board of commissioners into a code (or compilation) of laws by title, chapter and section, without substantive change or alteration of purpose or intent. The code reviser may appoint an assistant or assistants as required to perform the duties of code reviser. The prosecuting attorney shall be the legal advisor of the code reviser. [Ord. 20-95 § 10]
1.01.110 Compilation and revision of ordinances.
Subject to such general written policies as may be promulgated by the board of commissioners and subject to the general supervision of the board of commissioners, the reviser shall:
(1) Codify for consolidation into the Jefferson County Code all ordinances of a general and permanent nature heretofore or hereafter enacted by the board of commissioners and assign permanent numbers as provided by law to all new titles, chapters, and sections so added to the code.
(2) Edit and revise such ordinances for such consolidation, to the extent deemed necessary or desirable by the reviser, without changing the meaning of any such ordinance in the following respects only:
(a) Make capitalization uniform with that followed generally in the code;
(b) Make chapter or section division and subdivision designations uniform throughout the code;
(c) Substitute 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;
(d) Substitute for reference to a section of an “ordinance” the proper code section number reference;
(e) Substitute for “as provided in the preceding section” and other phrases of similar import the proper code section number references;
(f) Substitute the proper calendar date for “effective date of this ordinance,” “date of passage of this ordinance,” and other phrases of similar import;
(g) Rearrange any misplaced ordinance material, incorporate any omitted ordinance material as well as correct manifest errors in spelling and manifest clerical or typographical errors, or errors by way of additions or omissions;
(h) Correct manifest errors in references, by chapter or section number, or other ordinances;
(i) Correct manifest errors or omissions in numbering or renumbering sections of the code;
(j) Provide captions to new chapters and sections as required;
(k) Strike provisions manifestly obsolete.
(3) Create new code titles, chapter, and sections of the Jefferson County Code, or otherwise revise the title, chapter and sectional organization of the code, all as may be required from time to time to effectuate the orderly and logical arrangement of the ordinances. Such new titles, chapters, and sections, and organizational revisions shall have the same force and effect as the titles originally enacted and designated as the Jefferson County Code pursuant to the code adoption provisions of this chapter. [Ord. 20-95 § 11]
1.01.120 Omission of certain sections of ordinances.
The reviser may omit from the code all titles to ordinances, enacting and repealing clauses, preambles, declarations of emergency, and validity and construction sections unless, in a particular instance, it may be necessary to retain such to preserve the full intent of the law. The omission of validity or construction sections is not intended to, nor shall it change, or be considered as changing, the effect to be given thereto in construing legislation of which such validity and construction sections were a part. Any section so omitted, other than repealing, emergency or validity provisions, shall be referred to or set forth as an annotation to the applicable sections of the ordinance as codified. [Ord. 20-95 § 12]
1.01.130 Code index.
The reviser shall compile and thereafter maintain a comprehensive code index and from time to time prepare for publication of supplements thereto. [Ord. 20-95 § 13]
1.01.140 Historical records.
The reviser shall prepare and maintain full historical records showing the enactment, amendment, revision, supersession, and repeal of the various sections of the code. [Ord. 20-95 § 14]
1.01.150 Improvement of codes.
The reviser shall from time to time make written recommendations to the board of commissioners concerning deficiencies, conflicts, or obsolete provisions in, and need for reorganization or revision of the code, and shall prepare for submission to the board of commissioners, legislation for the correction or removal of such deficiencies, conflicts or obsolete provision, or to otherwise improve the form of substance of any portion of the code as the public interest or the administration of county government may require. Such or similar projects may also be undertaken at the request of the board of commissioners. All such proposed legislation shall be annotated so as to show the purposes, reasons, and history thereof. [Ord. 20-95 § 15]
1.01.160 Violations – Penalties.
Any person violating any provision or failing to comply with any mandatory requirement of the laws, resolutions or ordinances of Jefferson County shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the laws, resolutions or ordinances of Jefferson County shall be punished by a fine of not more than $500.00 and/or be incarcerated for a period not to exceed 90 days. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provision of the laws, resolutions or ordinances of Jefferson County is committed, continued or permitted by any such person, and shall be punished accordingly. [Ord. 20-95 § 16]
1.01.170 Effective date.
This code shall become effective November 27, 1995. [Ord. 20-95 § 17]
1.01.180 Severability.
If any section, subsection, sentence, clause, phrase, portion or part 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 portion of this code. The board of county commissioners hereby 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. 20-95 § 18]