Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.02 Classification of City
1.04 General Provisions
1.08 Right of Entry for Inspection
1.12 General Penalty
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title--Citation--Reference.
1.01.030 Codification authority.
1.01.040 Reference applies to all amendments.
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.
1.01.080 Effective date.
1.01.090 Constitutionality.
1.01.010 Adoption.
Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the "Kalama Municipal Code" as published by Book Publishing Company, Seattle, Washington.
(Ord. 550 § 1, 1973).
1.01.020 Title--Citation--Reference.
This code shall be known as the "Kalama Municipal Code" and it shall be sufficient to refer to said code as the Kalama Municipal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It is 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 or repeal of the Kalama Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Kalama Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.
(Ord. 550 § 2, 1973).
1.01.030 Codification authority.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Kalama, Washington, codified pursuant to the provisions of Section 35.21.570 of the Revised Code of Washington.
(Ord. 550 § 3, 1973).
1.01.040 Reference applies to all amendments.
Whenever a reference is made to this code as the Kalama Municipal Code or to any portion thereof, or to any ordinances of the city, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
(Ord. 550 § 4, 1973).
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. 550 § 5, 1973).
1.01.060 Reference to specific ordinances.
The provisions of this code shall not in any manner affect 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 the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.
(Ord. 550 § 6, 1973).
1.01.070 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments 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 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, of 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. 550 § 7, 1973).
1.01.080 Effective date.
The ordinance codified herein, and the code hereby adopted shall become effective on the date of passage and publication of the ordinance codified in this chapter, as required by law.
(Ord. 550 § 8, 1973).
1.01.090 Constitutionality.
If any section, subsection, 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 should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
(Ord. 550 § 9, 1973).
CLASSIFICATION OF CITY
Sections:
1.02.010 Designated.
1.02.010 Designated.
Notwithstanding anything contained in this code of ordinances to the contrary, the city of Kalama, Washington adopts the classification of a noncharter code city operating under the mayor-council plan of government as set forth in RCW Chapter 35A.12, endowed with all the applicable rights, powers, privileges, duties and obligations of noncharter code cities as set forth in RCW Title 35A as the same now exists, including, but not by way of limitation, those set forth in Chapter 35A.11 of said title, and further including any and all supplements, amendments or other modifications of said title hereafter at any time enacted.
(Ord. 673 § 1, 1983; Ord. 589 § 1, 1976).
GENERAL PROVISIONS
Sections:
1.04.010 Definitions.
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts include causing, permitting, etc.
1.04.040 Construction.
1.04.050 Repeal shall not revive any ordinances.
1.04.060 Official newspaper.
1.04.010 Definitions.
The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
A. "City" means the city of Kalama, Washington, or the area within the territorial limits of the city of Kalama, Washington, 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; and if the last day is Sunday or a legal holiday, that day shall be excluded.
C. "Council" means the city council of the city of Kalama, 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 Cowlitz, Washington.
E. "Law" denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Kalama, 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 is mandatory.
I. "Oath" shall be construed to include an affirmation 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. "Or" may be read "and" and "and" may be read "or" if the sense requires it.
K. "Ordinance" means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.
L. "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.
M. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, or employee of any of them.
N. "Personal property" includes money, goods, chattels, things in action and evidences of debt.
O. "Preceding" and "following" mean next before and next after, respectively.
P. "Property" includes real and personal property.
Q. "Real property" includes lands, tenements and hereditaments.
R. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
S. "State" means the state of Washington.
T. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
U. "Tenant" and "occupant," applies to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.
V. Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city.
W. "Written" includes printed, typewritten, mimeographed or multigraphed.
X. "Year" means a calendar year.
Y. 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 such 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.
Z. 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. 534 § l, 1972).
1.04.020 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, 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. 534 § 2, 1972).
1.04.030 Prohibited acts include causing, permitting, etc.
Whenever in this code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Ord. 534 § 3, 1972).
1.04.040 Construction.
The provisions of this code and all proceedings under them are to be construed with a view to effect their objects and to promote justice.
(Ord. 534 § 4, 1972).
1.04.050 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. 534 § 5, 1972).
1.04.060 Official newspaper.
The Daily News shall be designated as an official newspaper of the city. (Res. 288 (part), 1991).
RIGHT OF ENTRY FOR INSPECTION
Sections:
1.08.010 Right of entry for inspection.
1.08.010 Right of entry for inspection.
Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city, may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hours' written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. 536 § 1, 1972).
GENERAL PENALTY
Sections:
1.12.010 General penalty--Fine.
1.12.020 General penalty--Jail sentence permissible.
1.12.010 General penalty--Fine.
Unless otherwise specifically provided, any person violating any provisions or failing to comply with any of the mandatory requirements of this code is guilty of a misdemeanor. Except as otherwise specifically provided in this chapter, any person convicted of a misdemeanor shall be punished by a fine of not more than one thousand dollars. Each such person is guilty of a separate misdemeanor for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by any such person and he shall be punished accordingly. Violations of gross misdemeanors as defined under the Kalama Municipal Code shall be punishable by a fine of not more than five thousand dollars.
(Ord. 901 § 1, 1995: Ord. 567 § 1, 1975: Ord. 535 § 1, 1972).
1.12.020 General penalty--Jail sentence permissible.
In addition to or in lieu of the penalty provided in Section 1.12.010, a person found guilty of a misdemeanor under the Kalama Municipal Code, unless otherwise specifically provided by the provisions of this code, may be imprisoned for a period not to exceed ninety days. A person found guilty of a gross misdemeanor under the Kalama Municipal Code, unless otherwise specifically provided for herein, in addition to or in lieu of the fine provided for in Section 1.12.010, may be imprisoned for a period not to exceed one year.
(Ord. 901 § 2, 1995: Ord. 567 § 2, 1975).