ORD 2003-24 INCONSISTENT & REDUNDANT CODE LANGUAGE ORDINANCE NO. 2003-24
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, RELATING TO THE GENERAL PROVISIONS OF
THE CODE; AMENDING SECTIONS 1.01.010, 1.01.020, 1.01.040,
1.01.050, 1.01.060, 1.01.070, 1.01.080, 1.01.090, 1.04.010, 1.04.030,
1.04.060, 1.04.080, 8.16.020, 12.20.020, AND 19.02.030 OF THE
BAINBRIDGE ISLAND MUNICIPAL CODE; REPEALING
SECTIONS 1.04.090, 6.04.010(26), 6.04.010(27), 12.16.100, 13.24.200,
15.20.100, 15.21.080, 15.34.090, 19.08.010, AND 19.08.020 OF THE
BAINBRIDGE ISLAND MUNICIPAL CODE; AND ADDING A NEW
SECTION 1.01.085 TO THE BAINBRIDGE ISLAND MUNICIPAL
CODE.
WHEREAS, the City Council is authorized to modify the City code in accordance
with Washington State laws; and
WHEREAS, the current City code contains provisions that were adopted after
incorporation in 1947 when the City's population was less than 3,100 persons and the
City's area was less than three square miles, other provisions of the current City code were
taken from or based on Kitsap County and City of Winslow codes, and other provisions in
the current City code were adopted after annexing the remainder of the island, which was
effective in 1991; and
WHEREAS, the City Council dgsires to remove inconsistencies and redundancies
from the current code; and
WHEREAS, Resolution 2002-38 sets a goal to revise the City code to make the
codes more internally consistent and clear; and
WHEREAS, Chapters in Title 1 are designed to address general provisions
throughout the entire code; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS: ~
Section 1. Section 1.01.010 of the Bainbridge Island Municipal Code is
amended to read as follows:
1.01.010 Title - Citation - Reference.
It shall be sufficient to refer to this code in any prosecution for the violation
of any provision of this code 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 of this code as un addition to,
amendment to, correction of, or repeal of the Bainbridge Island Municipal
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City Council Meeting 051403
1st Reading
Code. Reference may be made to the titles, chapters, sections and'
subsections of this code and such reference shall apply to that numbered
title, chapter, section or subsection as it appears in this code.
Section 2. Section 1.01.020 of the Bainbridge Island Municipal Code is
amended to read as follows:
1.01.020 Reference applies to amendments.
Whenever a reference is made to this code or to any portion of this code, or
to any ordinance of the city, the reference shall apply to all amendments,
corrections and additions to the code or ordinance presently existing or made
in the future.
Section 3. Section 1.01.040 of the Bainbridge Island Municipal Code is
amended to read as follows:
1.01.040 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.
Section 4. Section 1.01.050 of the Bainbridge Island Municipal Code is
amended to read as follows:
1.01.050 Reference to specific ordinances.
The provisions of this code shall not in any manner affect documents or
other matters of record that refer to ordinances that are specifically
designated by number or otherwise, and that are included in this code. Such
reference shall be construed to apply to the corresponding provisions
contained in this code.
Section 5. Section 1.01.060 of the Bainbridge Island. M~unicipal Code is
amended to read as follows:
1.01.060 Effect of code on past actions and obligations.
The adopfibn of this code and the repeal or amendment of any ordinance or
portion of any ordinance of the city by the adoption of this code shall not in
any manner (A) affect the prosecution for violations of ordinances that were
committed prior to the effective date of the ordinance codified in this
chapter, (B) be construed as a waiver Qf any license, fee or penalty due and
unpaid on the effective date of the ordinance codified in this chapter, (C) be
construed as affecting any of the provisions of an ordinance relating to the
collection of any such license, fee, or penalty, or (D) affect the validity of
any bond or cash deposit required to be posted, filed, or deposited pursuant
to any ordinance, and all rights and obligations under the bond or cash
deposit shall continue in full fome and effect.
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Section 6. Section 1.01.070 of the Bainbridge Island Municipal-Code is
amended to read as follows:
1.01.070 Inconsistent ordinances superseded.
All general ordinances of the city inconsistent with this code are superseded,
rather than repealed. If any portion of this code is for any reason found or
held to be invalid, the superseded ordinance shall be revitalized and shall
prevail.
Section 7. Section 1.04.090 of the Bainbridge Island Municipal Code is
repealed.
Section 8. Section 1.01.080 of the Bainbridge Island Municipal Code is
amended to read as follows:
1.01.080 Exclusions.
Every special ordinance of the city governing the following subject matter,
whether contained in whole or in part in this code, is excluded from the
operation and effect of Section 1.01.070: 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 list 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.
Section 9. A new Section 1.01.085 is added to the Bainbridge Island Municipal
Code to read as follows:
1.01.085 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause in the
ordinance or revive any ordinance that was repealed by the repealing clause.
Section 10. Section 1.01.090 of the Bainbridge Island Municipal Code is
amended to read as follows:
1.01.090 Severability.
If any term, phrase, sentence, or provision of this code shall, to any extent,
be held invalid or unenforceable by a valid order of any cour? or regulatory
agency, the remainder of this code shall be valid and enforceable in all other
respects and continue to be effective. In the event of a subsequent change in
applicable law so that the provision that had been held invalid or
unenforceable is no longer invalid or unenforceable, said provision shall
return to full force and effect without further action by the City. If, as
determined by the City upon appropriate legal advice, or applicable court
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decision, any term, phrase, sentence, or provision of this code imposes a
requirement that is prohibited by applicable federal or state law, or prohibits
an action that must be allowed under applicable federal or state law, then
any such term, phrase, sentence, or provision shall be construed to not
impose the requirement that is prohibited by valid federal or state laws or
not to prohibit the action that must be allowed under valid federal or state
law.
Section 11. Section 12.16.100 of the Bainbridge Island Municipal Code ~s
repealed.
Section 12. Section 13.24.200 of the Bainbridge Island Municipal Code ~s
repealed.
Section 13. Section 15.20.100 of the Bainbridge Island Municipal Code ~s
repealed.
Section 14. Section 15.21.080 of the Bainbridge Island Municipal Code ~s
repealed.
Section 15. Section 15.34.090 of the Bainbridge Island Municipal Code ~s
repealed.
Section 16. Section 19.08.020 of the Bainbridge Island Municipal Code ~s
repealed.
Section 17. Section 1.04.030 of the Bainbridge Island Municipal Code ~s
amended to read as follows:
1.04.030 Interpretation of language.
All words and phrases not defined in the ordinances of the City shall be
construed according to the common usage of the language, but technical
words and phrases and such others as may have acquired a specific and
appropriate meaning in the law shall be construed and understood according
to such technical or specific meaning.
Section 18. Subsection 6.04.010(26) of the Bainbridge Island Municipal Code is
repealed.
Section 19. Subsection 6.04.010(27) of the Bainbridge Island Municipal Code is
repealed.
Section 20. This first paragraph of Section 8.16.020 of the Bainbridge Island
Municipal Code is amended to read as follows; all existing definitions in tkis section are to
remain:
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8.16.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and
their derivations shall have the meaning given in this section:
Section 21. The first paragraph of Section 12.20.020 of the Bainbridge Island
Municipal Code is amended to read as follows; all existing definitions are to remain:
12.20.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and
their derivations shall have the meaning given in this section:
Section 22. The first paragraph of Section 19.02.030 of the Bainbridge Island
Municipal Code is amended to read as follows; all existing definitions are to remain:
19.02.030 Definitions.
For the purposes of this title, the following terms, phrases, words, and their
derivations shall have the meaning given in this section. Unless otherwise
expressly stated, words not defined in this Title shall be construed
consistent with Title 47 of the United States Code. References to
governmental entities (whether persons or entities) refer to those entities
or their successors in authority. If specific provisions of law are
renumbered, then the reference shall be read to refer to the renumbered
provision. References to laws, ordinances or regulations shall be .
interpreted broadly to cover government actions, however nominated, and
include laws, ordinances and regulations now in force or hereafter
enacted or amended.
Seetion 23. Section 1.04.060 of the Bainbridge Island Municipal Coi:le is
amended to read as follows: ' ~ -
1,04.060 Prohibited.acts i~clude causing and permitting.
Whenever an ordinance of the city makes any act or ~nisglon-unlawfut;,' it
shall also be unlawful to cause, allow, permit, aid, abet, suffer, or conceal
the fact of such act or omission.
Section 24. Section 1.04.080 of the Bainbridge Island Municipal Code is
amended to read as follows:
1.04.080 Construction.
The provisions of the ordinances of the city and all proceedings under them
are to be construed to effect their objects and purposes and to promote
justice.
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Section 25. Section 19.08.010 of the Bainbridge Island Municipal Code is
repealed.
Section 26. This Ordinance shall take effect and be in force on and five days
after its passage, approval and publication as required by law.
PASSED by the City Council this 11th day of
,2003.
APPROVED by the Mayor this 12th day of
,2003.
Darlene Kordonowy, Iayor
ATTEST/AUTItENTICATE:
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: May 8, 2003
PASSED BY THE CITY COUNCIL: June 11, 2003 "
PUBLISHED: June 18, 2003
EFFECTIVE DATE: June 23, 2003
ORDINANCE NO. 2003-24
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