Chapter 1.01


1.01.005  Adoption of Mill Creek Municipal Code.

1.01.010  Title – Citation – Reference.

1.01.020  Reference applies to amendments.

1.01.025  Grammatical interpretation.

1.01.030  Codification authority.

1.01.040  Title, chapter and section headings.

1.01.045  Correction of manifest errors.

1.01.050  Reference to specific ordinances.

1.01.060  Effect of code on past actions and obligations.

1.01.070  Ordinances superseded.

1.01.080  Exclusions.

1.01.090  Severability.

Legislative history: Ords. 85-78 and 98-447.

1.01.005 Adoption of Mill Creek Municipal Code.

Pursuant to the provisions of RCW 35A.21.130 and RCW 35.21.500 through 35.21.570, there is hereby adopted the Mill Creek Municipal Code as contained in that certain copy on file in the office of the city clerk.

1.01.010 Title – Citation – Reference.

This code shall be known as the Mill Creek Municipal Code, and it shall be sufficient to refer to the code as the "city code," "the municipal code," or "the MCMC" in any prosecution for the violation of any provisions thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the Mill Creek Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Mill Creek Municipal Code. Such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code.

1.01.020 Reference applies to amendments.

Whenever a reference is made to this code as the Mill Creek Municipal Code or to any portion thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made.

1.01.025 Grammatical interpretation.

The following grammatical rules shall apply in this code:

A. Gender. Any gender includes the other 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.

D. Use of Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language.

1.01.030 Codification authority.

This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the city, codified pursuant to RCW 35A.21.130 and RCW 35.21.500 through 35.21.570.

1.01.040 Title, chapter and section headings.

Title, chapter and section headings contained herein are for organization and convenience only. They shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.

1.01.045 Correction of manifest errors.

A. Should it be apparent at the time of codification of any city ordinance, or thereafter, that the ordinance or the codification thereof contains a manifest spelling, clerical or typographical error, the city clerk shall correct such error and issue an updated codification.

B. The city clerk shall also be authorized to make capitalization uniform with that followed generally in the city code, make chapter or section division and subdivision designations uniform with that followed in the city code, rearrange any misplaced statutory material, incorporate any omitted statutory material, correct manifest errors in references to other laws, and correct manifest errors or omissions in numbering or renumbering sections of the city code.

C. The city clerk shall keep a record of all such corrections. No council action shall be needed to authorize or validate such corrections, but the city clerk shall periodically, but not less than once every five years, present a complete and corrected copy of the city code to the council for ratification.

1.01.050 Reference to specific ordinances.

The provisions of this code shall not in any manner affect documents or other matters of record which refer to, or are otherwise connected with, 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.

1.01.060 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal of amendment hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which 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 and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating 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 ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

1.01.070 Ordinances superseded.

All general ordinances of the city inconsistent with this code are hereby superseded, rather than repealed, and in the event any portion of this code is for any reason found or held to be invalid, the superseded ordinance shall be revitalized and shall prevail.

1.01.080 Exclusions.

Every special ordinance of the city governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of MCMC 1.01.070 and is not affected by the superseding provisions hereof: annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys or public ways; acceptance of any gift, device, license or other benefit; provided, that the foregoing enumeration or exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature.

1.01.090 Severability.

If any section, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code or any portion thereof should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect, subject to MCMC 1.01.080.