Chapter 1.01 - CODE ADOPTION

1.01.010 - Adoption.

There is adopted the "Elgin Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington.

(Ord. 111 § 1, 1996)

1.01.020 - Title—Citation—Reference.

This code shall be known as the "Elgin Municipal Code" and it shall be sufficient to refer to such code as the "Elgin 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 "Elgin Municipal Code." References may be made to the titles, chapters, sections and subsections of the "Elgin Municipal Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code.

(Ord. 111 § 2, 1996)

1.01.030 - Reference applies to all amendments.

Whenever a reference is made to this code as the "Elgin Municipal Code" or to any portion thereof, or to any ordinance of the city of Elgin, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

(Ord. 111 § 3, 1996)

1.01.040 - 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. 111 § 4, 1996)

1.01.050 - 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. 111 § 5, 1996)

1.01.060 - Ordinances passed prior to adoption of the code.

The last ordinance included in this code was Ordinance 104 (1996), passed January 9, 1996. The following ordinances, passed subsequent to Ordinance 104, but prior to adoption of this code, are adopted and made a part of this code: Ordinances 105 through 110.

(Ord. 111 § 6, 1996)

1.01.070 - Effect of code on past actions and obligations.

The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.

(Ord. 111 § 7, 1996)

1.01.080 - 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.

(Ord. 111 § 8, 1996)

Chapter 1.04 - GENERAL PROVISIONS

1.04.010 - Definitions.

The following words and phrases, whenever used in the ordinances of the city of Elgin, 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" means the City of Elgin, or the area within the territorial limits of the city, and such territory outside 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 Elgin. "All its members" or "all council members" means the total number of council members holding office.

C. "County" means the county of Union.

D. "Law" denotes applicable federal law, the Constitution and statutes of the state of Oregon, the ordinances of the city, 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" means next before and next after, respectively.

M. "Property" includes real and personal property.

N. "Real property" includes lands, tenements and hereditament.

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 Oregon.

Q. "Street" includes all streets, highways, avenues, lanes, alleys, court, places, squares, curbs, or other public ways in the 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. 109 § 1, 1996)

1.04.020 - 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. 109 § 2, 1996)

1.04.030 - 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. 109 § 3, 1996)

1.04.040 - 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. 109 § 4, 1996)

1.04.050 - 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. 109 § 5, 1996)

1.04.060 - 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. 109 § 6, 1996)

1.04.070 - 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.

(Ord. 109 § 7, 1996)

1.04.080 - 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. 109 § 8, 1996)

Chapter 1.08 - GENERAL PENALTY

1.08.010 - General penalty.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of an infraction unless the violation is made a misdemeanor by ordinance.

B. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars ($1,000.00).

C. Any person convicted of an infraction for violation of an ordinance of the city is punishable by a penalty of not more than one hundred dollars ($100.00).

D. 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 is committed, continued or permitted by any such person, and he shall be punishable accordingly.

(Ord. 110, 1996)