Chapter 1.01


1.01.010    Title and citation of code.

1.01.020    Adoption of code.

1.01.030    Definitions and rules of construction.

1.01.040    Catchlines of sections.

1.01.050    Reference applies to amendments.

1.01.060    Savings clause.

1.01.070    Copies as proof of ordinances.

1.01.080    Continuation of ordinances and code provisions.

1.01.090    Adoption of new material.

1.01.100    Conflict amending code sections.

1.01.105    Fee resolutions.

1.01.110    Severability.

1.01.120    Noncharter code city classification.

1.01.130    City seal.

1.01.140    Penalty provisions – Exception.

1.01.010 Title and citation of code.

The codification hereby adopted shall be known as the “Kent City Code” and may be cited as such. The titles, chapters, and sections as set forth in the codification hereby adopted shall be, and they hereby are, declared to be the titles, chapters, and sections by which the provisions of the Kent City Code may be designated and cited.

(Ord. No. 2692, § 4. Formerly Code 1986, § 1.02.040)

1.01.020 Adoption of code.

Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the “Kent City Code,” the official codification of all general, public, and permanent ordinances of the city of Kent, Washington, as compiled, edited, and published by Code Publishing Company, Seattle, Washington.

(Ord. No. 2692, § 1; Ord. No. 3477, § 3, 10-19-99. Formerly Code 1986, § 1.02.010)

State law reference(s) – Codification and revision of ordinances, RCW 35.21.500 et seq.

1.01.030 Definitions and rules of construction.

In the construction of this code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

Business. The word “business” shall include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, conducted for private profit, or benefit, either directly or indirectly, on any premises in this city, or anywhere else within its jurisdiction.

City. The word “city” shall mean the city of Kent, Washington.

City council. The words “city council” shall mean the city council of the city of Kent, Washington.

Code. The word “code” shall mean the Kent City Code.

Gender. Words importing the masculine gender shall include the feminine and neuter.

Number. Words importing the singular shall include the plural, and words importing the plural shall include the singular.

Officials, boards, commissions, etc. Whenever reference is made to officials, employees, boards, commissions, committees, and the like by title only, they shall be construed as if followed by the words “of the city of Kent, Washington.”

Person. The word “person” shall mean individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, or corporations; or any officer, agent, employee, factor, or any kind of personal representative of any thereof, in any capacity, acting either for himself, or any other person, under either personal appointment or pursuant to law.

Shall. The word “shall” is always mandatory and not merely directory.

State. The word “state” shall mean the state of Washington.

Tense. Words used in the past or present tense include the future as well as the past and the present.

(Ord. No. 2692, § 15. Formerly Code 1986, § 1.08.010)

1.01.040 Catchlines of sections.

The catchlines appearing in connection with the titles, chapters, and sections of the code are inserted as a matter of convenience, and they shall be wholly disregarded by any person, officer, court, or other tribunal in construing the terms and provisions of the code.

(Ord. No. 2692, § 5. Formerly Code 1986, § 1.02.050)

1.01.050 Reference applies to amendments.

Whenever a reference is made to any portion of the code or to any ordinances of the city, such reference shall apply to all amendments and additions now or hereafter made.

(Ord. No. 2692, § 7. Formerly Code 1986, § 1.02.070)

1.01.060 Savings clause.

Nothing contained in this chapter or in the code adopted in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed, or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of enactment of this chapter.

(Ord. No. 2692, § 9. Formerly Code 1986, § 1.02.090)

1.01.070 Copies as proof of ordinances.

As provided for by RCW 35.21.550, copies of such code in published form shall be received without further proof as the ordinances of permanent and general effect of the city by all courts and administrative tribunals of this state.

(Ord. No. 2692, § 2. Formerly Code 1986, § 1.02.020)

1.01.080 Continuation of ordinances and code provisions.

The provisions of the code, insofar as they are substantially the same as ordinances heretofore adopted by the city shall be construed as continuations thereof and not as new enactments.

(Ord. No. 2692, § 6. Formerly Code 1986, § 1.02.060)

1.01.090 Adoption of new material.

New material shall be adopted by the city council as separate ordinances prior to the inclusion thereof in this codification. Any ordinance amending the codification shall set forth in full the section of the codification being amended, and this shall constitute a sufficient compliance with any statutory requirement that no ordinance nor any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in full.

(Ord. No. 2692, § 3. Formerly Code 1986, § 1.02.030)

1.01.100 Conflict amending code sections.

A. Intent. The current version of the Kent City Code reflects an iterative drafting process that has been developed and amended over the life of the city. In particular, various councils have elected to reorganize the city’s departmental structure at various times in order to meet the demands of a growing city and changing laws. Because of this ongoing process, despite best efforts, it is not always possible to capture and resolve all conflicts that may arise within the code.

B. Definition of references made. References to specific departments or specific department directors or generic references to “department” or “director” should be construed to refer to the department or director that has authority over the code subject or function in question as established in KCC Title 2, Subtitle II, Departments and Offices.

Any otherwise unreasonable conflict amending code sections shall be resolved in favor of the section most recently enacted.

(Ord. No. 2692, § 14; Ord. No. 3926, § 1, 8-4-09. Formerly Code 1986, § 1.12.010)

1.01.105 Fee resolutions.

Any fees, rates or charges established by city council resolution shall be deemed lawfully established by authority of the city council regardless of whether the fee, rate or charge is established by a separate ordinance.

(Ord. No. 4019, § 1, 12-13-11)

1.01.110 Severability.

Each title, chapter, section, and subdivision of a section of the code hereby adopted is declared to be independent of every other title, chapter, section, or subdivision of a section, and the invalidity of any title, chapter, section, or subdivision of a section of the code shall not invalidate any other title, chapter, section, or subdivision of a section thereof.

(Ord. No. 2692, § 10. Formerly Code 1986, § 1.02.100)

1.01.120 Noncharter code city classification.

Notwithstanding anything contained in the ordinances of the city to the contrary, the city hereby adopts the classification of a noncharter code city operating under the concept of a seven (7) member city council plus a mayor form of government as set forth in Chapter 35A.12 RCW. The city shall be endowed with all the applicable rights, powers, privileges, duties, and obligations of noncharter code cities as set forth in RCW Title 35A as the same now exists, including, but not limited to, those set forth in Chapter 35A.11 RCW, and further including any and all supplements, amendments, and/or other modifications of such title hereafter.

(Ord. No. 1622, § 1. Formerly Code 1986, § 1.04.010)

State law reference(s) – Noncharter code city, optional municipal code, RCW 35A.01.020.

1.01.130 City seal.

The corporate seal of the city shall be a metallic circular device on which shall be engraved and embossed around the circle the words “City of Kent” encircling the words “Corporate Seal.” This device shall be capable of making an impression of such words on paper.

(Ord. No. 679, § 1. Formerly Code 1986, § 1.06.010)

1.01.140 Penalty provisions – Exception.

A. Unless otherwise specifically provided for in the code, any violation of any of the provisions of the code or any code adopted by reference by any person, firm, or corporation, their agents or servants, shall constitute a misdemeanor punishable by a fine of a sum not exceeding five thousand dollars ($5,000) or by imprisonment not exceeding twelve (12) months or by both such fine and imprisonment. Each separate day or portion thereof during which any violation of any adopted code or provision of this code shall constitute a separate violation and upon conviction thereof, shall be punished as provided in this section.

B. The appropriate penalty provision stated in this section is not intended to effect the validity of other remedies, and/or penalties other than fine and/or imprisonment. All other remedies, including but not limited to abatement, removal, and replacement shall continue to be effective as stated in the adopted code or statute.

(Ord. No. 2692, §§ 8, 12; Ord. No. 3013, § 1, 12-3-91. Formerly Code 1986, §§ 1.02.080, 1.10.020)

State law reference(s) – Penalty, RCW 35A.11.020; actions in court, RCW 35A.21.195.