Chapter 1.04


1.04.010    Definitions.

1.04.020    Grammatical interpretation.

1.04.030    Construction and validity.

1.04.040    Repeal shall not revive any ordinances.

1.04.050    Aiding and abetting.

1.04.010 Definitions.

The following words and phrases whenever used in the ordinances of the city of Toppenish, Washington, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A. “City/town” means the city of Toppenish, Washington or the area within the territorial limits of the city of Toppenish and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

B. “Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; provided, if the last day is Sunday or a legal holiday, the period runs until the end of the next day which is neither a Sunday nor a legal holiday.

C. “Council” means the city council of the city of Toppenish, Washington. “All its members” or “all councilmen” mean the total number of councilmen provided by the general laws of the state of Washington.

D. “County” means the county of Yakima, Washington.

E. “Law” denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Toppenish, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

F. “May” is permissive.

G. “Month” means a calendar month.

H. Must and Shall. Each means mandatory.

I. “Oath” shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

J. “Ordinance” means a law of the city; provided, that administrative action, order or directive may be in the form of a resolution.

K. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

L. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

M. “Personal property” includes money, goods, chattels, things in action and evidences of debt.

N. “Preceding” and “following” mean next before and next after, respectively.

O. “Property” includes real and personal property.

P. “Real property” includes lands, tenements and hereditaments.

Q. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

R. “State” means the state of Washington.

S. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which are open to public use, or such other public property so designated in any law of this state.

T. “Tenant” and “occupant” applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.

U. Title of Office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.

V. “Written” includes printed, typewritten, mimeographed or multigraphed.

W. “Year” means a calendar year.

X. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

Y. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. B-23 § 1, 1974).

1.04.020 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city:

A. Gender. The masculine gender includes the feminine and neuter 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, unless manifestly inapplicable.

D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. B-23 § 2, 1974).

1.04.030 Construction and validity.

A. Construction. The provisions of the ordinances of the city and all proceedings under them are to be construed with a view to effect their objects and to promote justice.

B. Validity. If any provisions of the city ordinances, or their application to any person or circumstance is held invalid, the remainder of the ordinances or the application of the provision to other persons or circumstances is not affected. (Ord. B-27 § 1, 1974; Ord. B-23 § 3, 1974).

1.04.040 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. B-23 § 4, 1974).

1.04.050 Aiding and abetting.

Every person concerned in the commission of any offense contrary to the ordinances of the city, whether he directly commits the act constituting the offense, or aids or abets in its commission, and whether present or absent; and every person, who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit an offense against the ordinances of the city is a principal, and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. (Ord. A-524 § 1, 1960).