Chapter 1.01
CODE ADOPTION
Sections:
1.01.005 Copies in clerk-treasurer’s office.
1.01.010 Title-Citation-Reference.
1.01.020 Reference applies to amendments.
1.01.030 Codification authority.
1.01.040 Definitions and construction.
1.01.050 Title, chapter and section headings.
1.01.060 Reference to specific ordinances.
1.01.070 Effect of code on past actions and obligations.
1.01.112 Maximum limit on penalties.
1.01.115 Violator’s promise to appear.
1.01.118 Penalty for violation of promise to appear.
1.01.120 Failure to pay fine, costs.
1.01.001 Code adopted.
The Sumas Municipal Code, a code of general ordinances, is hereby adopted. (Ord. 646 § 1, 1967)
1.01.005 Copies in clerk-treasurer’s office.
Five copies of the Sumas Municipal Code, together with any amendments hereafter adopted, shall be kept for the use of the general public at the office of the clerk/treasurer or any successor at the city hall of the city of Sumas. (Ord. 646 § 2, 1967)
1.01.010 Title-citation-reference.
This code shall be known as the “Sumas Municipal Code” and it shall be sufficient to refer to this code as the “Sumas Municipal Code” in any prosecution for the violation of any provision 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 “Sumas Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Sumas Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. (Ord. 646 § 3 (part), 1967)
1.01.020 Reference applies to amendments.
Whenever a reference is made to this code as the “Sumas Municipal Code” or to any portion thereof, or to any ordinance of the town of Sumas, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 646 § 3 (part), 1967)
1.01.030 Codification authority.
This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the town of Sumas, Washington, codified pursuant to the laws of the state of Washington. (Ord. 646 § 3 (part), 1967)
1.01.040 Definitions and construction.
Unless the context otherwise requires, the following words and phrases where used in the ordinances of the town of Sumas shall have the meaning and construction given in this section:
(a) “Code” means the “Sumas Municipal Code.”
(b) “Town” means the town of Sumas.
(c) “Town Council” means the town council of the town of Sumas.
(d) “County” means the county of Whatcom.
(e) “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer, or employee of any of them.
(t) “State” means the state of Washington.
(g) “Oath” includes affirmation.
(h) Gender. The masculine gender includes the feminine and neuter.
(i) Number. The singular number includes the plural, and the plural the singular.
(j) Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense.
(k) Shall, May. “Shall” is mandatory, “may” is permissive.
(l) Title of office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the town of Sumas. (Ord. 646 § 3 (part), 1967)
1.01.050 Title, chapter and section headings.
Title, chapter and section headings contained herein 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. (Ord. 646 § 3 (part), 1967)
1.01.060 Reference to specific ordinances.
The provisions of this code shall not in any manner affect deposits 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. (Ord. 646 § 3 (part), 1967)
1.01.070 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the town 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 said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances 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. (Ord. 646 § 3 (part), 1967)
1.01.080 Repeal.
All general ordinances of the town of Sumas not included in this code or excluded from the operation and effect of this section are hereby repealed. (Ord. 646 § 3 (part), 1967)
1.01.090 Exclusions.
Every special ordinance of this town governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Section 1.01.080 and is not affected by the repeal 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 of 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. (Ord. 646 § 3 (part), 1967)
1.01.100 Effective date.
This code shall become effective on the date the ordinance adopting this code as the “Sumas Municipal Code” shall become effective. (Ord. 646 § 3 (part), 1967)
1.01.110 Violations-penalty.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city of Sumas shall be guilty of amisdemeanor. Any person convicted of a misdemeanor under the ordinances of the city of Sumas shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city of Sumas is committed, continued, or permitted by any such person, and he shall be punished accordingly. (Ord. 646 § 3 (part), 1967)
1.01.112 Maximum limit on penalties.
(a) The city of Sumas hereby limits all fines, penalties and forfeitures for any and all single violations of ordinances, either now existing or hereafter enacted, and for any breach or violations of any ordinance, now existing or hereafter enacted, to a maximum fine of five hundred dollars and/or a term of imprisonment not to exceed six months.
(b) All ordinances or parts of ordinances or portions of the Sumas Municipal Code which are in conflict with this section are repealed to the extent that such ordinances are in conflict with this section; so that should an ordinance provide for a fine and/or punishment in excess of the maximum limits as set forth in this section, said inconsistent ordinance would be repealed only to the extent that it allowed fine and/or imprisonment in excess of the limits as set forth in subsection (a). (Ord. 793 §§ 1, 2, 1980)
1.01.113 Jail sentences.
(a) All mandatory jail sentences presently required by any and all criminal codes or enactments by the city of Sumas are revoked.
(b) All Sumas City ordinances with mandatory jail sentences which are affected by the ordinance codified in this section are amended to provide that the imposition of any jail sentence by statute, and the extent thereof as otherwise authorized by statute, shall be left to the sound discretion of the Sumas municipal court judge. (Ord. 820 §§ 1, 2, 1981)
1.01.115 Violator’s promise to appear.
Any person arrested or charged with violation or violations of any portions of this Sumas Municipal Code, including sections and/or portions enacted hereinafter, may, with approval of the presiding judge or person or persons acting on behalf of the presiding judge, give his written promise to appear in proper court, be it the municipal court of the city of Sumas or the Whatcom County district court, at any agreed time. (Ord. 657 § 1, 1968)
1.01.118 Penalty for violation of promise to appear.
Any person wilfully violating his written and signed promise to appear after being charged or arrested for violation under the Sumas Municipal Code, including any sections or portions of the code to be enacted hereinafter, shall be punishable by a jail sentence of not more than thirty days and a fine not in excess of three hundred dollars, regardless of the disposition of the charge upon which he was originally arrested; provided, that a written promise to appear in court may be complied with by an appearance of counsel on behalf of the person. (Ord. 657 § 2, 1968)
1.01.120 Failure to pay fine, costs.
Upon the rendition of judgment against any defendant for violation of any ordinance of this city, the police magistrate or justice of the peace shall make an order and enter the same upon his docket, that if the defendant shall neglect or refuse to satisfy such judgment and costs of suit, he shall be confined in the city jail or other place of confinement provided for that purpose, one day for each six dollars of such judgment and costs, and during such confinement he may be required to labor upon the streets or do other work for the city under the supervision and direction of the chief of police. Execution shall be issued immediately upon the rendition of judgment. (Ord. 646 § 3 (part), 1967)
1.01.130 Severability.
If any section, subsection, sentence, clause, phrase, portion, or part of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Ord. 646 § 3 (part), 1967)