Chapter 1.01
ADOPTION OF CODE

Sections:

1.01.010    Adoption of code.

1.01.020    Copies as proof of ordinances.

1.01.025    Purpose and policy declared.

1.01.030    Adoption of new material.

1.01.040    Title and citation of code.

1.01.050    Purpose of catchlines.

1.01.055    Revisions of ordinances.

1.01.060    Continuation of ordinances.

1.01.070    Reference applies to amendments.

1.01.080    Classification of offenses – Penalties.

1.01.085    Enforcement.

1.01.090    Savings clause.

1.01.100    Severability.

1.01.010 Adoption of code.

The codification of the ordinances of the city of Lynnwood of a general, public or permanent nature, as contained and set forth in a printed copy thereof on file in the office of the city clerk entitled the “Lynnwood Municipal Code,” is adopted as the official code of the city of Lynnwood, as provided for by RCW 35.21.500 through 35.21.570. (Ord. 230 § 1, 1965)

1.01.020 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 of Lynnwood by all courts and administrative tribunals of this state. (Ord. 230 § 2, 1965)

1.01.025 Purpose and policy declared.

This code is enacted as an exercise of the police power of the city of Lynnwood to protect and preserve the public peace, health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of these purposes.

It is expressly the purpose of this code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

It is the specific intent of this code to place the obligation of complying with its requirements upon the licensee or applicant for license within its scope, and no provision of nor term used in this code is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this code will be discretionary and not mandatory.

Nothing contained in this code is intended to be nor shall be construed to form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a licensee or applicant for license to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code on the part of the city by its officers, employees or agents. (Ord. 1078 § 1, 1979)

1.01.030 Adoption of new material.

New material shall be adopted by the city council as separate ordinances prior to the inclusion thereof in such codification. Any ordinance amending the codification shall set forth in full the section(s), subsection(s), or subpart(s) as amended and this shall be sufficient compliance with any statutory requirement that no ordinance or section thereof be revised unless set forth at full length. (Ord. 1725 § 1, 1989; Ord. 230 § 3, 1965)

1.01.040 Title and citation of code.

The codification hereby adopted shall be known as the “Lynnwood Municipal Code” and may be cited as such. The titles, chapters and sections as set forth in the codification hereby adopted shall be declared to be the titles, chapters and sections by which the provisions of the Lynnwood Municipal Code may be designated and cited. (Ord. 230 § 4, 1965)

1.01.050 Purpose of catchlines.

The catchlines appearing in connection with the titles, chapters and sections of the Lynnwood Municipal 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 Lynnwood Municipal Code. (Ord. 230 § 5, 1965)

1.01.055 Revisions of ordinances.

The administration, under the authority and direction of the mayor, has the authority when codifying ordinances into the Lynnwood Municipal Code to:

A. Edit and revise such ordinances for such consolidation, to the extent deemed necessary or desirable by the mayor and without changing the meaning of any such ordinances, in the following respects only:

1. Make capitalization uniform with that followed generally in the code.

2. Make chapter or section division, and subdivision designations uniform with that followed in the code.

3. Substitute for the term “this act,” or “this ordinance” or the like, where necessary, the term “section,” “part,” “code,” “chapter,” or “title” or reference to specific section or chapter numbers as the case may require.

4. Substitution for reference to a section of an “act,” the proper code section number reference.

5. Substitute for “as provided in the preceding section” and other phrases of similar import, the proper code section number references.

6. Substitute the proper calendar date for “effective date of this act,” “date of passage of this act,” and other phrases of similar import.

7. Strike out figures where merely a repetition of written words, and substitute, where deemed advisable for uniformity, written words for figures.

8. Rearrange any misplaced statutory 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.

9. Correct manifest errors in references, by chapter or section number, to other laws.

10. Correct manifest errors or omissions in numbering or renumbering sections of the revised code.

11. Divide long sections into two or more sections, and rearrange the order of sections to conform to such logical arrangement of subject matter as may most generally be followed in the code, when to do so will not change the meaning or effect of such sections.

12. Change the wording of section captions, if any, and provide captions to new chapters and sections.

13. Strike provisions manifestly obsolete.

B. Create new code titles, chapters, and sections of the Lynnwood Municipal 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 code originally enacted and designated as the Lynnwood Municipal Code.

C. All edits and revisions shall be reported to the city council at the next work session after Lynnwood Municipal Code updates occur. (Ord. 2130 § 1, 1997)

1.01.060 Continuation of ordinances.

The provisions of the Lynnwood Municipal Code, insofar as they are substantially the same as ordinances heretofore adopted by the city of Lynnwood, shall be construed as continuations thereof and not as new enactments. (Ord. 230 § 6, 1965)

1.01.070 Reference applies to amendments.

Whenever a reference is made to any portion of the Lynnwood Municipal Code, or to any ordinances of the city of Lynnwood, such reference shall apply to all amendments and additions now or hereafter made. (Ord. 230 § 7, 1965)

1.01.080 Classification of offenses – Penalties.

A. Unless otherwise specifically provided in the Lynnwood Municipal Code, any person, firm or corporation, their agents or servants, who violates any of the provisions of the Lynnwood Municipal Code shall be deemed guilty of a misdemeanor. Any criminal violation of the Lynnwood Municipal Code not specifically designated as a gross misdemeanor shall be a misdemeanor.

B. Every person who is convicted of a misdemeanor under the Lynnwood Municipal Code shall, unless otherwise provided for in this code, be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

C. Every person who is convicted of a gross misdemeanor under the Lynnwood Municipal Code shall, unless otherwise provided for in this code, be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, of by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

D. Each separate day or portion thereof during which any violation of the Lynnwood Municipal Code occurs or continues shall be deemed to constitute a separate and additional offense. (Ord. 2164 § 1, 1997; Ord. 230 § 8, 1965)

1.01.085 Enforcement.

A. It is unlawful for any person, firm or corporation, or their agents or servants, to violate any of the provisions of the Lynnwood Municipal Code.

B. The mayor shall be responsible for enforcing this code; provided, that the mayor may designate to the appropriate department director enforcement authority over code provisions administered by the director. This code may be enforced through criminal prosecutions, infraction proceedings, or civil assessment proceedings, as provided herein. (Ord. 2796 § 1, 2009; Ord. 2285 § 1, 1999; Ord. 2164 § 2, 1997; Ord. 2010 § 9, 1994; Ord. 1368 § 2, 1983; Ord. 1275 § 3, 1982; Ord. 1209 § 1, 1981; Ord. 1046 § 1, 1979; Ord. 1026 § 1, 1979)

1.01.090 Savings clause.

Nothing contained in this chapter or in the Lynnwood Municipal Code adopted herein shall be construed as abating any action now pending under or by virtue of any general ordinance of the city of Lynnwood 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 passage of the ordinance codified in this chapter. (Ord. 230 § 9, 1965)

1.01.100 Severability.

Each title, chapter, section and subdivision of a section of the Lynnwood Municipal Code adopted by this chapter 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 Lynnwood Municipal Code adopted by this chapter shall not invalidate any other title, chapter, section or subdivision of a section thereof. (Ord. 230 § 10, 1965)