Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.030 Interpretation of language.
1.04.040 Grammatical interpretation.
1.04.060 Prohibited acts include causing and permitting.
1.04.010 Definitions.
The following words and phrases, wherever used in the ordinances of the city, shall be construed as defined in this section unless from the content 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 Kelso, Washington, or the area within the territorial limits of the city and such territory outside Kelso, over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
2. “Council” means the city council of the city of Kelso, which is the legislative body of the city established in Article II, Kelso City Charter. The term shall include all its members when spoken of collectively.
3. “County” means the county of Cowlitz.
4. “Law” denotes applicable federal law, the Constitution and statutes of the state of Washington, the ordinances of the city and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
5. The term “may” is permissive and the terms “will” and “shall” are mandatory.
6. “Month” means a calendar month.
7. “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.”
8. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenancy by the entirety of the whole or a part of such building or land. The term may also include purchasers under a real estate contract, mortgagors, grantors of a deed of trust and any other person whose title is subject to a security interest.
9. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.
10. “Personal property” includes money, goods, chattels, things in action and evidences of debt.
11. “Preceding” and “following” means next before and next after, respectively.
12. “Property” includes real and personal property.
13. “Real property” includes lands, tenements and hereditaments.
14. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
15. “State” means the state of Washington.
16. “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 the state.
17. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
18. “Written” means handwriting, typewriting, printing, photostatic, photographic and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds or symbols, or combinations thereof. (Ord. 3263 § 1 (A), 1995; Ord. 2968 § 1, 1985)
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. 3263 § 1 (B), 1995; Ord. 2968 § 2, 1985)
1.04.030 Interpretation of language.
All words and phrases shall be construed 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. (Ord. 3263 § 1 (C), 1995; Ord. 2968 § 3, 1985)
1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city, unless it is apparent from the content 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. 3263 § 1 (D), 1995; Ord. 2968 § 4, 1985)
1.04.050 Acts by agents.
When an act is required or prohibited 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. 3263 § 1 (E), 1995; Ord. 2968 § 5, 1985)
1.04.060 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 3263 § 1 (F), 1995; Ord. 2968 § 6, 1985)
1.04.070 Computation of time.
When, under the provisions of this code, an act is to be done within a certain time period, the time shall be computed by excluding the first day and including the last, except that when the last day is a Saturday, Sunday or a day designated by ordinance or state law as a holiday, then it also is excluded and the act must be completed on the next business day. (Ord. 3263 § 1 (G), 1995; Ord. 2968 § 7, 1985)
1.04.080 Construction.
The provisions of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 3263 § 1 (H), 1995; Ord. 2968 § 8, 1985)
1.04.090 Effect of repeals.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 3263 § 1 (I), 1995; Ord. 2968 § 9, 1985)