Chapter 1.12
ORDINANCES, RESOLUTIONS AND CODIFICATION
Sections:
1.12.020 Codification and revision of ordinances and resolutions – Scope.
1.12.030 Omission of certain sections of ordinances and resolutions.
1.12.060 Inclusion of local rules of the superior court.
1.12.070 Improvement of statutes.
1.12.080 Resolutions and ordinances provided to reviser.
1.12.090 Ordinances and resolutions – Copies to be provided to reviser.
1.12.100 Specifications for code publication – Certificate of compliance.
1.12.110 Publication, sale and distribution of code and supplements – Reprints.
1.12.130 Code reviser revolving fund.
1.12.140 Code deemed official if certified.
1.12.010 Code reviser.
The County prosecuting attorney or his designee shall be the County code reviser. The code reviser shall compile the ordinances and resolutions of the County into titles, chapters and sections without substantial change or alteration of purpose or intent. (Ord. 33-2007 § 2; Res. 86-1977)
1.12.020 Codification and revision of ordinances and resolutions – Scope.
Subject to such general policies as may be promulgated by the County council and to the general supervision of the County council, the reviser shall:
A. Codify for consolidation into the County code all ordinances and resolutions of a general and permanent nature heretofore or hereafter ordained, resolved or adopted by the County council and assign permanent numbers to all new titles, chapters and sections so added to the code;
B. Edit and revise such ordinances and resolutions for such consolidation to the extent deemed necessary or desirable by the reviser and without changing the meaning of any such ordinance or resolution, in the following respects only:
1. Make capitalization uniform with that generally followed 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 resolution” or “this ordinance,” where necessary, the term “section,” “article,” “chapter,” “title” or “code,” or reference to specific section or chapter numbers, as the code may require,
4. Substitute for reference to a section of an ordinance or resolution the proper code section number reference,
5. Substitute for “as provided for 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” 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 the order of sections of ordinances and resolutions, incorporate any omitted 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 in numbering or renumbering sections of the 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 the section captions, if any, and provide captions to new sections and chapters,
13. Strike provisions manifestly obsolete;
C. Create new code titles, chapters and sections of the County code, or otherwise revise the title, chapter and sectional organization of the code, as may be required from time to time, to effectuate the orderly and logical arrangement of the code. Such new titles, chapters, sections and organizational revisions shall have the same force and effect as the 16 titles originally enacted and designated as the “San Juan County Code” pursuant to the code adoption resolution. (Ord. 33-2007 § 3; Res. 86-1977)
1.12.030 Omission of certain sections of ordinances and resolutions.
The reviser may omit from the code all titles to ordinances and resolutions, 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 ordinances or resolutions of which such validity or construction 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 resolution or ordinance as codified. (Ord. 33-2007 § 4; Res. 86-1977)
1.12.040 Code index.
The reviser shall compile and thereafter maintain a comprehensive index and from time to time prepare for publication supplements thereto. (Ord. 33-2007 § 5; Res. 86-1977)
1.12.050 Code tables.
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. 33-2007 § 6; Res. 86-1977)
1.12.060 Inclusion of local rules of the superior court.
The reviser may provide for inclusion in the code of the local rules of the superior court for San Juan County. (Ord. 33-2007 § 7; Res. 86-1977)
1.12.070 Improvement of statutes.
A. The reviser shall from time to time make written recommendations to the County council concerning deficiencies, conflicts or obsolete provisions in, and need for reorganization or revision of, the ordinances and resolutions, and shall prepare for submission to the County council ordinances or resolutions for the correction or removal of such deficiencies, conflicts or obsolete provisions, or to otherwise improve the form or substance of any ordinance or resolution of the County as the public interest or the administration of the subject may require.
B. Such or similar projects may be undertaken at the request of the County council or other County agencies and departments if such undertaking will not impede the other functions of the reviser. (Ord. 33-2007 § 8; Res. 86-1977)
1.12.080 Resolutions and ordinances provided to reviser.
All resolutions or ordinances submitted to the County council shall, in addition to any other requirements, contain:
A. A title reflecting the subject matter of the resolution or ordinance;
B. The date at which the resolution or ordinance shall become effective if passed;
C. A final paragraph next below the council members’ signatures reading as follows:
This resolution/ordinance has/has not been codified as SJCC on the __ day of ____, 20___.
Immediately following this paragraph there shall be a signature line under which shall be the title “Code Reviser.” (Ord. 33-2007 § 9; Res. 86-1977)
1.12.090 Ordinances and resolutions – Copies to be provided to reviser.
The County council shall cause to be made two duplicate originals of all ordinances or resolutions passed. One of the two such duplicate originals shall be immediately forwarded to the code reviser. (Ord. 33-2007 § 10; Res. 86-1977. Formerly 1.04.090)
1.12.100 Specifications for code publication – Certificate of compliance.
A. The code reviser shall formulate specifications relative to the format, size and style of paper, paper stock, number of volumes, method and quality of binding, contents, indexing and general scope and character of footnotes and annotations, if any, for any publication for general use of the code and supplements thereto. No such publication or the contents thereof, other than such temporary edition as may be authorized by the County council, shall be received as evidence of the ordinances and resolutions of this County unless it complies with the specifications of the code reviser as are current at the time of publication, including compliance with the section numbering adopted by the reviser. If a publication complies with such specifications, the code reviser shall furnish a certificate of compliance to the publisher, and the certificate shall be reproduced at the beginning of each volume or supplement.
B. Upon request of any publisher in good faith interested in publishing the code, the code reviser shall furnish a copy of the current specifications and shall not during the process of any bona fide publication of said code or supplement thereto modify any such specifications, if such modification would result in added expense or material inconvenience to the publisher, without written concurrence therein by such publisher. (Ord. 33-2007 § 11; Res. 86-1977. Formerly 1.04.100)
1.12.110 Publication, sale and distribution of code and supplements – Reprints.
The code reviser shall publish, sell and distribute, or arrange for the publication, sale and distribution of, the County code and of supplements thereto and of such other materials as in his discretion may be incorporated in or appended to the code. He may republish, reprint or authorize the republishing or reprinting of the code or any portion thereof. (Ord. 33-2007 § 12; Res. 86-1977. Formerly 1.04.110)
1.12.120 Publication, sale and distribution of code and supplements – Contracts or other arrangements.
The code reviser may enter into contracts or otherwise arrange for the publication and/or distribution provided for in SJCC 1.12.110, with or without calling for bids by the public printer or by private printer, upon specifications formulated under the authority of SJCC 1.12.100, and upon such basis as the code reviser deems to be most expeditious and economical with the approval of the County council. Any such contract may be upon such terms as the code reviser deems to be most advantageous to the County and to potential purchasers of the publication and approved by the County council. The code reviser shall fix terms of purchase and prices for such publications with the approval of the County council. (Ord. 33-2007 § 13; Res. 86-1977. Formerly 1.04.120)
1.12.130 Code reviser revolving fund.
A. For the purpose of financing the production and sale of the County code, supplements and appendices thereto and revisions, as in the judgment of the code reviser may be advantageously financed by the use of revolving fund moneys, there is created, and the code reviser is authorized to maintain, a revolving fund to be known as the code reviser’s publication account.
B. All moneys shall be paid from said account by warrant from the County auditor upon submission by the reviser to the County council for approval. (Ord. 33-2007 § 14; Res. 86-1977. Formerly 1.04.130)
1.12.140 Code deemed official if certified.
The County code and any supplement or addition thereto or reprint edition thereof which contains the certificate of the code reviser referred to in SJCC 1.12.100 shall be deemed official and shall be prima facie evidence of the ordinances and resolutions contained therein. (Ord. 33-2007 § 15; Res. 86-1977. Formerly 1.04.140)