Blaine Municipal Code

Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.08 Classification of City

1.12 Corporate Seal

1.20 Wards

1.28 General Penalty

1.32 Initiatives and Referendums

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption.

1.01.020 Title – Citation – Reference.

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.

1.01.070 Reference applies to specific ordinances.

1.01.080 Effect of code on past actions and obligations.

1.01.090 Effective date.

1.01.100 Constitutionality.

1.01.010 Adoption.

Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the “Blaine Municipal Code,” as compiled, edited and published by Book Publishing Company, Seattle. Washington. (Ord. 1685 § 1, 1983)

1.01.020 Title – Citation – Reference.

This code shall be known as the “Blaine Municipal Code,” and it shall be sufficient to refer to this code as the “Municipal Code” in any prosecution for the violation of any provision hereof 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, correction or repeal of the “Blaine Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Blaine Municipal Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 1685 § 2, 1983)

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 Blaine, Washington, codified pursuant to the provisions of RCW 35.21.500 through 35.21.570. (Ord. 1685 § 3, 1983)

1.01.040 Ordinances passed prior to adoption of the code.

The last ordinance included in the initial code is Ordinance 1677, passed January 17, 1983. The following ordinances, passed subsequent to Ordinance 1677, but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinances 1678, 1679, 1680, 1681, 1682, 1683 and 1684. (Ord. 1685 § 4, 1983)

1.01.050 Reference applies to all amendments.

Whenever a reference is made to this code as the “Blaine Municipal Code” or to any portion thereof, or to any ordinance of the city of Blaine, Washington, the reference shall apply to all amendments, corrections and additions made before, as of or after the effective date of the ordinance codified in this chapter. (Ord. 1685 § 5, 1983)

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. 1685 § 6, 1983)

1.01.070 Reference applies 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. 1685 § 7, 1983)

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 shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this chapter, nor be construed as a waiver of any license, fee or penalty at the 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. 1685 § 8, 1983)

1.01.090 Effective date.

This code shall become effective on the date the ordinance adopting this code as the “Blaine Municipal Code” becomes effective. (Ord. 1685 § 9, 1983)

1.01.100 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 hereof, 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. 1685 § 10, 1983)

Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

1.04.020 Titles 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.

1.04.100 Amending ordinances.

1.04.010 Definitions.

The following words and phrases, whenever used in this code or the ordinances of the city, 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 Blaine, Washington, or the area within the territorial limits of the city and such territory outside 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. “All its members” or “all councilmen” means the total number of councilmen holding office.

C. “County” means the county of Whatcom.

D. “Law” denotes applicable federal law, the Constitution and statutes of the state, 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, or 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 curbline 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, after the adoption of the ordinance codified in this chapter, 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. 1646 § 1, 1982)

1.04.020 Titles 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. 1646 § 2, 1982)

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. 1646 § 3, 1982)

1.04.040 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city and this code, 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. 1646 § 4, 1982)

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. 1646 § 5, 1982)

1.04.060 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city or this code any act or omission is made unlawful, is shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 1646 § 6, 1982)

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. 1646 § 7, 1982)

1.04.080 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. 1646 § 8, 1982)

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. 1646 § 9, 1982)

1.04.100 Amending ordinances.

Any ordinance amending this code shall set forth the section number and the title of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the revision or amendment by ordinance of any part of this code. (Ord. 1142 § 1, 1959; prior code § 1-101)

Chapter 1.08
CLASSIFICATION OF CITY

Sections:

1.08.010 Noncharter code city classification adopted.

1.08.020 Effective date.

1.08.030 City council positions.

1.08.040 Existing ordinances, resolutions and orders.

1.08.010 Noncharter code city classification adopted.*

There is adopted for the city the classification of noncharter code city, retaining the mayor-council plan of government under which the city is operated as of the adoption of the ordinance codified in this chapter, 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 exist as of the adoption of the ordinance codified in this chapter or as may be provided thereafter, including any and all supplements, amendments or other modifications of Chapter 35A.12 RCW enacted thereafter. (Ord. 1567 § 1, 1980; prior code § 1-4001)

* Editor’s note: In November of 1981 the city adopted the city council-manager form of government.

1.08.020 Effective date.

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. Upon such filing the city shall thereafter be classified as a noncharter code city as provided in this chapter. (Ord. 1567 § 2, 1980; prior code § 1-4002)

1.08.030 City council positions.

The city councilmen existing as of the adoption of the ordinance codified in this chapter shall continue to hold office for the balance of the terms for which they were elected, and upon expiration of those terms their successors are to be elected and qualified at the next biennial municipal election, to be conducted as provided in Chapter 35A.29 RCW. The offices of councilman for position Nos. 1, 2 and 3 will be filled at the 1981 general municipal election of four-year terms of office; position 4, the office of council-at-large, will be filled at the 1981 general municipal election for a two-year term of office; the offices of councilman for positions 5, 6 and 7 will be filled at the 1983 general municipal election for four-year terms of office. 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 filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate office for all election purposes as provided by Chapter 35A.29 RCW. (Ord. 1567 § 3, 1980; prior code § 1-4003)

1.08.040 Existing ordinances, resolutions and orders.

All ordinances, resolutions and orders adopted under the third-class city 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. 1567 § 4, 1980; prior code § 1-4004)

* Editor’s note: In November of 1981 the city adopted the city council-manager form of government.

Chapter 1.12
CORPORATE SEAL

Sections:

1.12.010 Adoption.

1.12.020 Design.

1.12.030 Custodian – Use of seal.

1.12.010 Adoption.

The seal described in BMC 1.12.020 is adopted as the corporate seal of the city. (Prior code § 1-202)

1.12.020 Design.

The corporate seal of the city shall be circular in form with an inner and outer circle, the outer circle being of rope design. The outer circle shall be one and seven-eighths inches in diameter and the inner circle shall be one and three-eighths inches in diameter. It shall bear upon the upper portion of the space between the two circles the words “City of Blaine,” and upon the lower portion of the space between the two circles the words, “State of Washington.” Upon the upper portion and immediately within the inner circle and following the contour of the circle shall be the words, “Seal of Clerk.” On the lower portion, immediately within the inner circle and following the contour of the circle, shall be the words, “Whatcom County.” All printed matter shall be in Gothic-style type. The exact center of the circle shall bear a facsimile of George Washington. (Prior code § 1-201)

1.12.030 Custodian – Use of seal.

The clerk of the city shall be the custodian of the corporate seal of the city and shall affix the seal’s imprint upon all official documents, records, licenses, warrants and/or checks. (Prior code § 1-203)

Chapter 1.20
WARDS

Sections:

1.20.010 Wards designated.

1.20.020 First Ward.

1.20.030 Second Ward.

1.20.040 Third Ward.

1.20.010 Wards designated.

The territory situated and comprised within the corporate limits of the city of Blaine, in the county of Whatcom, in the state of Washington, is hereby divided into three wards to be numbered First, Second and Third Wards, respectively, and bounded and described in the map attached to the ordinance codified in this chapter and as set out in this chapter. (Ord. 2694 § 1, 2008; Ord. 2169 § 2, 1994)

1.20.020 First Ward.

All of the area within the existing city limits lying east of the Interstate 5 right-of-way and north of H Street. (Ord. 2694 § 1, 2008; Ord. 2169 § 2(a), 1994)

1.20.030 Second Ward.

All of the area within the existing city limits lying to the south and west of First Ward and east of the shoreline of Semiahmoo Bay and Drayton Harbor. (Ord. 2694 § 1, 2008; Ord. 2169 § 2(b), 1994)

1.20.040 Third Ward.

All of the area within the existing city limits on the west side of Drayton Harbor lying south of the north end of Semiahmoo Spit. (Ord. 2694 § 1, 2008; Ord. 2169 § 2(c), 1994)

Chapter 1.28
GENERAL PENALTY

Sections:

1.28.010 Violation – Penalty.

1.28.020 Violation – Revocation of city licenses.

1.28.030 Payment of fines and costs.

1.28.040 Payment of fines and costs – Absence of treasurer.

1.28.010 Violation – Penalty.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code or any ordinance of the city is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under this code or the ordinances of the city shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed six months, or by both such fine and imprisonment.

B. Each such person is 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 or this code is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. 1647 § 1, 1982)

1.28.020 Violation – Revocation of city licenses.

When a defendant is operating a business, profession or vocation under a license issued by the city, and is convicted of violating any section of this code, his license may be revoked. (Prior code § 1-901)

1.28.030 Payment of fines and costs.

A. Whenever any assessment of fine or penalty is assessed against any person for a violation of any city ordinance or provision of this code, such fine or penalty shall be collected in the following manner:

1. All costs arising from a prosecution for the violation of any city ordinance or provision of this code and the fine or penalty assessed against the person as a punishment for such violation other than the costs shall, by the person against whom such fine or penalty is assessed, be paid to the clerk of the municipal court.

2. The court clerk shall, upon the receipt of such fine or penalty, give to the person paying the same a receipt therefor.

3. The court clerk shall deposit and file such receipt and papers in the case, and make an entry thereof in the docket when such fine and penalty has been so paid. All moneys so received shall be deposited in the bank checking account trust fund in the name of the municipal court.

B. Disposition of the funds collected according to subsection A of this section shall be at the order of the municipal judge.

C. The court clerk shall deposit with the city treasurer all funds relating to closed cases on or about the twenty-fifth day of each month. (Ord. 1375 § 2, 1975; Ord. 15 § 1, 1891; prior code § 1-1601)

1.28.040 Payment of fines and costs – Absence of treasurer.

Should the treasurer be absent from the city or otherwise unable to attend to his official business at the time the fine is assessed, the amount so assessed, other than the costs of prosecution, shall be paid to the chief of police, who shall execute a receipt therefor and deliver the same to the police judge, who shall proceed with such case as if the receipt was signed by the treasurer. If the fine is not paid to the chief of police then the person shall be committed to the city jail as otherwise provided. When such fine is paid to the chief of police as provided in this section it shall be his duty to pay the amount of such fine to the treasurer within 10 days after and from the day it was received by the chief of police. (Ord. 15 § 2, 1891; prior code § 1-1602)

Chapter 1.32
INITIATIVES AND REFERENDUMS

Sections:

1.32.010 Powers granted – Authority.

1.32.010 Powers granted – Authority.

The citizens of the city have declared their intention that they shall have the powers of initiative and referendum. Pursuant to RCW 35A.11.080 and 35A.02.020 and any and all other applicable statutes, the citizens of the city shall have the powers of initiative and referendum as listed in the applicable statutes providing for such powers in code cities. (Ord. 1948 § 1, 1989)