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GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 City Classification
1.12 Official Seal
1.16 Official Newspaper
1.20 General Penalty
1.24 Repealed
Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title for citation
- References.
1.01.030 Codification
authority.
1.01.040 Ordinances passed
prior to adoption of the code.
1.01.050 Reference applies
to all amendments.
1.01.060 Title, chapter and
section headings.
1.01.080 Effect of code on
past actions and obligations.
1.01.090 Constitutionality.
1.01.010 Adoption.
Pursuant to the provisions of RCW
35A.21.130, 35.21.500 and 35.21.570, there is hereby adopted
the Cashmere Municipal Code as compiled, edited and
published by Code Publishing Company, Seattle, Washington. (Ord.
862 § 1, 1996; Ord. 566 § 1, 1978).
1.01.020 Title for citation
- References.
This code shall be known as the
"Cashmere Municipal Code" and it shall be sufficient to
refer to the code as the Cashmere Municipal Code in any
prosecution for the violation of any provision thereof or in
any proceeding at law or equity. It shall 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 or repeal of the Cashmere
Municipal Code. Further reference may be had to the titles,
chapters, sections and subsections of the Cashmere Municipal
Code and such references shall apply to that numbered title,
chapter, section or subsection as it appears in the code. (Ord.
566 § 2, 1978).
1.01.030 Codification
authority.
The code consists of all the regulatory
and penal ordinances and certain of the administrative
ordinances of the city of Cashmere, Washington, codified
pursuant to the provisions of RCW 35.21.500 through
35.21.570. (Ord. 566 § 3, 1978).
1.01.040 Ordinances passed
prior to adoption of the code.
The last ordinance included in the
initial code is Ordinance 550, passed June 21, 1977. The
following ordinances, passed subsequent to Ordinance 550,
but prior to adoption of this code, are adopted and made a
part of this code: Ordinances 551, 552, 553, 554, 555, 556,
557, 558, 559, 560, 561, 562 and 563. (Ord. 566 § 4, 1978).
1.01.050 Reference applies
to all amendments.
Whenever a reference is made to this
code as the Cashmere Municipal Code or to any portion
thereof, or to any ordinance of the city of Cashmere,
Washington, the reference shall apply to all amendments,
corrections and additions heretofore, now or hereafter made.
(Ord. 566 § 5, 1978).
1.01.060 Title, chapter and
section headings.
Title, chapter and section headings
contained in this code 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 of this
code. (Ord. 566 § 6, 1978).
1.01.080 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 city of Cashmere shall in
any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the
effective date of this code, nor be construed as a waiver of
any license, fee or penalty at such 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.
566 § 8, 1978).
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. 566 § 9, 1978).
Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions.
1.04.020 Title of office.
1.04.030 Interpretation of
language.
1.04.040 Grammatical
interpretation.
1.04.050 Acts by agents.
1.04.060 Prohibited acts
include causing and permitting.
1.04.070 Computation of
time.
1.04.080 Construction.
1.04.090 Repeal shall not
revive any ordinances.
1.04.010 Definitions.
The following words and phrases,
whenever used in the ordinances of the city of Cashmere,
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" and "town" each mean the city
of Cashmere, Washington, or within the territorial limits of
the city of Cashmere, Washington, and such territory outside
of the territorial limits of the city over which the city
has jurisdiction or control by virtue of any constitutional
or statutory provision.
B. "Council" means the city council of
the city of Cashmere. "All its members" and "all councilmen"
means the total number of councilpersons holding office.
C. "County" means the county of Chelan.
D. "Law" denotes applicable federal
law, the Constitution and statutes of the state of
Washington, the ordinances of the city of Cashmere, and,
when appropriate, any and all rules and regulations which
may be promulgated thereunder.
E. "May" is permissive.
F. "Month" means a calendar month.
G. "Must" and "shall" are each
mandatory.
H. "Oath" includes 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."
I. "Owner," applied to a building or
land, includes any part owner, joint owner, tenant in
common, joint tenant, tenant by the entirety, of the whole
or a part of such building or land.
J. "Person" includes a 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.
K. "Personal property" includes money,
goods, chattels, things in action and evidences of debt.
L. "Preceding" and "following" mean
next before and next after, respectively.
M. "Property" includes real and
personal property.
N. "Real property" includes lands,
tenements and hereditaments.
O. "Sidewalk" means that portion of a
street between the curb line and the adjacent property line
intended for the use of pedestrians.
P. "State" means the state of
Washington.
Q. "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.
R. "Tenant" and "occupant," applied to
a building or land, include any person who occupies the
whole or a part of such building or land, whether alone or
with others.
S. "Written" includes printed,
typewritten, mimeographed, multigraphed, or otherwise
reproduced in permanent visible form.
T. "Year" means a calendar year. (Ord.
863 § 1, 1996; Ord. 537 § 1, 1977).
1.04.020 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. (Ord. 537 § 2, 1977).
1.04.030 Interpretation of
language.
All words and phrases shall be
construed 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. (Ord. 537 § 3, 1977).
1.04.040 Grammatical
interpretation.
The following grammatical rules shall
apply in the ordinances of the city, unless it is apparent
from the context that a different construction is intended:
A. Gender. Each gender includes the
masculine, 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. (Ord. 537 § 4, 1977).
1.04.050 Acts by agents.
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 to include all such acts performed by an
authorized agent. (Ord. 537 § 5, 1977).
1.04.060 Prohibited acts
include causing and permitting.
Whenever in the ordinances of the city
any act or omission is made unlawful, it shall include
causing, allowing, permitting, aiding, abetting, suffering,
or concealing the fact of such act or omission. (Ord. 537 §
6, 1977).
1.04.070 Computation of
time.
Except when otherwise provided, the
time within which an act is required to be done shall be
computed by excluding the first day and including the last
day, unless the last day is Sunday or a holiday, in which
case it shall also be excluded. (Ord. 537 § 7, 1977).
1.04.080 Construction.
The provisions of the ordinances of the
city of Cashmere, and all proceedings under them, are to be
construed with a view to effect their objects and to promote
justice. (Ord. 537 § 8, 1977).
1.04.090 Repeal shall not
revive any ordinances.
The repeal of an ordinance shall not
repeal the repealing clause of an ordinance or revive any
ordinance which has been repealed thereby. (Ord. 537 § 9,
1977).
Chapter 1.08
CITY CLASSIFICATION
Sections:
1.08.010 Noncharter code
city classification adopted.
1.08.020 Filing.
1.08.030 City council
positions.
1.08.040 Existing city laws
and regulations.
1.08.010 Noncharter code
city classification adopted.
There is adopted for the city of
Cashmere the classification of noncharter code city,
retaining the mayor-council plan of government under which
the city is presently operated, as provided in Chapter
35A.12 RCW, endowed with all the applicable rights, powers,
privileges, duties, and obligations of a noncharter code
city as the same now exists, or may be provided hereafter,
including any and all supplements, amendments, or other
modifications of said title hereafter at any time enacted. (Ord.
498 § 1, 1976).
1.08.020 Filing.
The city clerk is authorized and
directed to forward to the Secretary of State a certified
copy of the ordinance codified in this chapter for filing
pursuant to RCW 35A.02.040, as amended, on the effective
date of the ordinance codified in this chapter and upon
which filing of the city shall thereafter be classified as a
noncharter code city as herein provided. (Ord. 498 § 2,
1976).
1.08.030 City council
positions.
The city council shall continue to hold
office until their successors are elected and qualified at
the text biennial municipal elections to be conducted as
provided in Chapter 35A.29 RCW. The three existing city
council positions, which terms will expire January 9, 1978,
shall be elected for four-year terms in the 1977 municipal
elections. The two existing city council positions which
terms expire January 14, 1980, shall be elected for new
four-year terms in the 1979 municipal elections. Thereafter,
the requisite number of city council positions shall be
filled by election biennially as the terms of their
predecessors expire and shall serve for terms of four years.
The positions to be filed on the city council shall be
designated by consecutive numbers and shall be dealt with as
separate offices for all election purposes as provided by
Chapter 35A.29 RCW. (Ord. 498 § 3, 1976).
1.08.040 Existing city laws
and regulations.
All ordinances, resolutions, and orders
adopted under the town classification, where not in conflict
with state law, shall continue in force until repealed or
amended by the city council under the newly adopted Optional
Municipal Code classification of noncharter code city under
the mayor-council form of government. (Ord. 498 § 4, 1976).
Chapter 1.12
OFFICIAL SEAL
Sections:
1.12.010 Established.
1.12.020 Custody – Use.
1.12.010 Established.
An official seal for the city is
established and shall contain the following words: “City of
Cashmere, Washington, Official Seal.” The words “Official
Seal” shall be in the center of this seal, and the words
“City of Cashmere, Washington” shall be in a circle around
the words “Official Seal.” (Ord. 15 § 1, 1905).
1.12.020 Custody – Use.
The official seal shall be kept by the
city clerk-treasurer and shall be used to authenticate his
official acts. The city clerk-treasurer shall make an
impression with the official seal on all city warrants at
the time of issuing any such warrants; on all permits or
licenses, issued by the city council, mayor, or city
clerk-treasurer; on his certificate in the book of
ordinances; and on such other documents of the city as may
be necessary to authenticate any official act of the city
council, mayor or clerk-treasurer. (Ord. 15 § 2, 1905).
Chapter 1.16
OFFICIAL NEWSPAPER
Sections:
1.16.010 Designated.
1.16.020 Publication of
ordinances and notices.
1.16.010 Designated.
The Cashmere Valley Record, a weekly
newspaper of general circulation in Cashmere, Chelan County,
Washington, and printed and published in said city, is
established and declared to be the official newspaper of the
city. (Ord. 46 § 1, 1907; Ord. 3 § 1, 1904).
1.16.020 Publication of
ordinances and notices.
All city ordinances, notices and other
public instruments requiring publication by virtue of the
law shall be published in the official newspaper of the
city. (Ord. 864 § 1, 1996; Ord. 3 § 2, 1904).
Chapter 1.20
GENERAL PENALTY
Sections:
1.20.010 Violation
constitutes civil infraction – Penalty.
1.20.010 Violation
constitutes civil infraction – Penalty.
A. Any person violating any provision
of or failing to comply with any of the mandatory
requirements of any ordinance of the city is guilty of a
civil infraction. Except in cases where a different penalty
or remedy is prescribed by any ordinance of the city, any
person who commits a civil infraction shall pay a penalty of
$250.00 for each such infraction.
B. Each such person is guilty of a
separate civil infraction for each and every day during any
portion of which any violation of any provision of an
ordinance of the city is committed, continued or permitted
by any such person. (Ord. 941 § 1, 1999; Ord. 865 § 1, 1996;
Ord. 518 § 1, 1977).
Chapter 1.24
PRECINCTS
(Repealed by Ord. 821) |