Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.030
Grammatical interpretation.
1.04.050 Effect of repeal of ordinances.
1.04.060 Severability of parts of code.
1.04.070
Laws of the State of Alaska applicable--Violation of state law.
1.04.020 Definitions. The following words and
phrases, whenever used in this Code or the ordinances of the City of Homer,
Alaska, 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 Homer, Alaska, or the area within the
territorial limits of the City of Homer, and such territory outside of the City
over which the City has jurisdiction or control by virtue of any constitutional
or statutory provision.
b. "City Attorney" means the City Attorney of Homer.
c. "City Council" or "Council" means the City Council of
Homer.
d. "City Clerk" means the City Clerk of Homer.
e. "City Manager" means the City Manager of Homer.
f. "Computation of time" means whenever a notice is required to be
given or an act to be done a certain length of time before any proceedings shall
be had, the day on which such notice is given or such act is done shall be
counted in computing the time, but the day on which such proceedings are to be
had shall not be counted.
g. "Law" denotes applicable federal law, the Constitution and
statutes of the State of Alaska, this Code and the ordinances of the City and,
when applicable, any and all rules and regulations which may be promulgated thereunder.
h. "Mayor" means the Mayor of Homer.
i. "Municipal Judge" or "Municipal
Magistrate" means the Municipal Judge or Municipal Magistrate of Homer.
j. "Oath" includes affirmation 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".
k. "Or" may be read "and", and "and" may be read
"or" if the sense requires it.
l. "Owner", applied to a building or land, includes any part owner,
joint owner, tenant in common, joint tenant or tenant of the entirety, or agent
in charge for any of the foregoing, of the whole or a part of such building or
land.
m. "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.
n. "Personal property" includes every species of property except real
property.
o. "Preceding" and "following" mean next before and next
after, respectively.
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 Alaska.
s. "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.
t. "Year" means a calendar year. (Ord. 80-3 2, 1980; prior code
1-100.2)
1.04.030 Grammatical
interpretation. The following grammatical
rules shall apply in the City Code and the ordinances of the city:
a. Any gender includes the other genders;
b. The singular number includes the plural and the plural includes the
singular;
c. Words used in the present tense include the past and the future tenses and
vice versa, unless manifestly inapplicable;
d. Words and phrases not specifically defined shall be construed according to
the context and approved usage of the language;
e. 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. (Ord. 80-3 3, 1980; prior code 1-100.3)
1.04.040 Section catchlines. The words
printed at the beginning of the several sections of this Code are intended as
mere catchlines or catchwords to indicate the general
content of the particular section, and shall not be deemed or taken to be the
titles of such section nor as any part of the section, nor shall they be so
deemed when any of the sections, including the catchlines,
are amended or reenacted unless expressly so provided. (Ord. 80-3 3(part),
1980; prior code 1-100.4)
1.04.050 Effect of repeal of
ordinances. The repeal of any prior
ordinance of the City by any subsequent ordinance shall not operate to revive
the provisions of any ordinance which may be repealed by such prior ordinance,
unless such revival shall be expressly provided for. Ordinances repealed remain
in force and for the trial and punishment of all past violations of them, and
for the recovery of penalties and forfeitures already incurred, and for the
preservation of all rights and remedies existing by them and so far as they
apply, to any office, trust, proceedings, right, contract or event, already
affected by them. (Ord. 80-3 3(part), 1980; prior code 1-100.5)
1.04.055 Amendments to code. a. All ordinances enacted by the City council that add to,
amend, or repeal provisions of the Homer City Code shall be deemed to be
incorporated in such code as of the effective date of each ordinance so that
reference to this code shall be understood and intended to include such
ordinances.
b. All ordinances enacted subsequent to adoption of this code that all to,
amend, or repeal provisions of this code may be numbered in accordance with the
numbering system of this code and printed in supplemental form for inclusion
herein. In the case of repealed titles, chapters, articles, sections, subsections,
or any part thereof, by subsequent ordinances, such repealed portions may be
excluded from the code by omission from reprinted pages affected thereby. (Ord. 92-24 2, 1992; Ord. 82-2, 1982).
1.04.060 Severability of
parts of code. The sections, subsections,
sentences, clauses, phrases and words of this Code are severable, and if any
part of this Code is declared unconstitutional, invalid, or ineffective for any
reason by a valid judgement or decree or any court of
competent jurisdiction, such unconstitutionality, invalidity or ineffectiveness
shall not affect any of the remaining parts of the sections, subsections,
sentences, clauses, phrases and words of this Code. (Ord. 89-12 1, 1989; Ord.
82-2 5, 1982; Ord. 80-3 3(part), 1980; prior code 1-100.6)
1.04.065 Altering code. No person shall change or amend by additions or deletions, any
part of portion of this Code or insert or delete pages, or portions thereof, or
alter or tamper with such Code in any manner whatsoever except by ordinance or
resolution or other official act of the City Council, which will cause the law
of the City to be misrepresented thereby. A person violating this section shall
be subject to the penalty provisions of 1.16.010. (Ord. 90-21 1, 1990)
1.04.070 Laws of the State
of Alaska applicable--Violation of state law. No person shall violate any law of the state of Alaska nor any
rule or regulation adopted by duly authorized agency of the State of Alaska.
Violations of the foregoing shall be violations of this Code except where
jurisdiction of the offense is reserved to the State of Alaska. (Ord. 80-3
3(part), 1980; prior code 1-100.8)
(Homer 07/92)