Chapter 1.02
General Provisions

Sections:

1.02.010 Interpretation of Code.

1.02.020 Use of “Shall.”

1.02.030 Expression of Prohibition and Requirement.

1.02.040 “City” Defined.

1.02.050 “Day” Defined.

1.02.060 “Law” Defined.

1.02.070 “Mail” Defined.

1.02.080 “Officer” Defined.

1.02.090 “Owner” Defined.

1.02.100 “Person” Defined.

1.02.110 “Signature” Defined.

1.02.120 “Writing” and “Written” Defined.

1.02.130 Delegation of Administration and Ratification.

1.02.150 Approval of Claims.

1.02.900 Savings.

1.02.950 General Penalty.

1.02.010 Interpretation of Code.

A.  Subject to specific definitions and rules of construction as are variously provided in this code, words and phrases used in this code have meaning in accordance with the following rules:

1.   Terms are defined so as to give effect to the obvious legislative intent.

2.   Particular words are construed in context so as to give meaning to every word used and to achieve consistency within the entire context.

3.   Technical terms and jargon have such special meanings as are generally understood by practitioners in the field from custom and usage.

4.   Terms used in laws adopted by reference carry over their meanings in the laws adopted.

5.   Words are given common and ordinary meaning.

B.  The use of nouns and pronouns of the masculine gender is not intended to exclude corresponding words of the feminine gender. Gender, number, and tense are interchangeable.

1.02.020 Use of “Shall.”

Because use of the word “shall” can create ambiguity concerning the intent to use the future tense or the imperative mood of associated verbs, this code sometimes employs alternative phraseology. Hence, for example, the phrase “no person may” expresses a prohibition against acting and has the same meaning as more traditional phrases such as “it shall be unlawful for a person to.”

1.02.030 Expression of Prohibition and Requirement.

A.  Whenever this code prohibits a person from doing a certain act, the provision also prohibits that person from aiding, allowing, causing, or concealing the doing of the act, directly or indirectly, personally or by representative.

B.  Whenever this code requires a person to do a certain act:

1.   The obligation to act also devolves upon any principal, managing agent, or other responsible representative acting on behalf of that person; and

2.   That person is required, if not doing the act personally, to cause the act to be done and such person remains responsible for doing the act through agents, contractors, or other representatives.

1.02.040 “City” Defined.

A.  The word “city” (usually not capitalized), when used geographically, means the territory within the city limits or corporate boundaries of the City of Spokane, Washington, as they exist at any pertinent point in time and, in addition:

1.   may mean real property owned by the City of Spokane situated beyond the corporate limits; and

2.   may include land or other premises over which the City of Spokane has jurisdiction by law or by contract.

B.  The word “City” (usually capitalized), when referring to the entity, means the City of Spokane, Washington, a municipal corporation, acting through the city council, the mayor, an executive officer, or an administrative agency, as appropriate under the Charter, ordinance, or other law.

[Ord. C32755; Passed: 12/4/2000]

1.02.050 “Day” Defined.

“Day” means a calendar day. A time period expressed in a number of days is computed by excluding the first day and including the last day. When an act to be done requires a city business day, and the last day by which the act may be done is not a city business day, then the last day to act is the next following business day.

For example, if a decision be made on a Wednesday, the first day of the month, and it be provided that any appeal from such decision be filed within ten days, then the last day for filing the appeal is Monday, the thirteenth.

1.02.060 “Law” Defined.

“Law,” unless specified, means all applicable provisions of federal and state constitutions and statutes, municipal charter, county, district and municipal ordinances and resolutions, and federal, state, and municipal administrative rules and regulations and judicial rulings.

1.02.070 “Mail” Defined.

A.  Unless specified, “mail” means an item deposited in an established depository of the United States Postal Service, including an organization’s regularly established internal mail processing system, as a first class regular mail item.

B.  “Certified” or “registered” mail means any process whereby the Postal Service furnishes written evidence that the item was delivered or explains why the item was not delivered.

1.02.080 “Officer” Defined.

A.  An “officer” is an individual who has the authority to act on behalf of, and whose act constitutes the act of, a corporation or other association. “Officer” also includes each member of a governing body invested with power to take action having legal effect.

B.  Such terms as “official,” “manager,” “managing agent,” “executive,” and “officer” are generally synonymous and refer to a person acting within the scope of his or her actual authority, which authority partakes of judgment, discretion, or policy, as opposed to clerical or ministerial functions.

C.  Officers of the City include:

1.   members of the city council (Charter article III);

2.   the mayor, city administrator and division directors (Charter article IV; SMC chapter 3.01);

3.   department heads (SMC chapter 3.01);

4.   the city attorney, an assistant city attorney, and a special counsel (Charter sections 29, 32, 33);

5.   hearing examiner (SMC chapter 4.21);

6.   members of the:

a.   building and construction review and examining boards, and hearings officers (SMC chapter 4.06),

b.   civil service commission (Charter article VI),

c.   design review committee (SMC chapter 4.13),

d.   fire code advisory and appeals board (SMC chapter 4.08),

e.   human rights commission (SMC chapter 4.10),

f.   park board (Charter article V; SMC chapter 4.11),

g.   plan commission (Charter article XV, SMC chapter 4.12), and

h.   urban forestry tree committee,

when acting within the bounds of jurisdiction in the particular instance.

[Ord. C32755; Passed: 12/4/2000]

1.02.090 “Owner” Defined.

A.  For the purposes of the principle that the owner of property has the ultimate legal responsibility for its use and condition, an “owner” may be any of the following:

1.   With respect to real property:

a.   holder of fee title or a life estate,

b.   holder of purchaser’s interest in a sale contract in good standing,

c.   holder of seller’s interest in a sale contract in breach or in default,

d.   grantor of deed of trust,

e.   presumptively, a legal owner and a taxpayer of record,

f.   fiduciary representative of an owner,

g.   person having a right of possession or control, or

h.   any one of a number of co-owners, including joint, in common, by entireties and spouses as to community property;

2.   With respect to personal property:

a.   registered owner,

b.   holder of legal or equitable title,

c.   person having a right of possession or control,

d.   fiduciary representative of an owner,

e.   any one of a number of co-owners.

B.  For purposes of determining the right of an owner to take action with respect to property, an “owner” is any of the following:

1.   in the case of real property, as defined in subsection (A)(1) of this section;

2.   in the case of personal property, as defined in subsection (A)(2) of this section.

1.02.100 “Person” Defined.

Subject to the rules set forth in SMC 1.02.010, the word “person” is employed in this code in the broadest possible sense. It includes a natural person, whether acting individually or in a representative capacity, corporation, estate, trust, partnership, joint venture, association, marital community, or other organization recognized as a legal entity, private or public, and successors, and agencies, departments, and subdivisions of the State of Washington and the County of Spokane, except the City, its officers, employees and agents.

Cross Reference: SMC 11.01.090.

1.02.110 “Signature” Defined.

Whenever this code provides that a document be signed, subject to specification by rules and subject to any particular requirement otherwise provided by law, signature consists of a writing, stamping, or other marking by, or at the direction of, the signatory, indicating his intent to adopt, acknowledge, attest, or authenticate the document.

1.02.120 “Writing” and “Written” Defined.

Such terms as “writing,” or a thing “in writing,” or a “written” thing, denote a communication of thought in permanent and visible form, such as by handwriting, printing, typewriting, photographing and photostating, and may, depending upon context, include data in some permanent form, such as magnetic or paper tape, film, disc, or other medium, capable of being reproduced in legible form.

1.02.130 Delegation of Administration and Ratification.

Except to the extent that state law may require certain municipal code enforcement or other personnel to be specially qualified, every function, authority and responsibility vested by this code in a particular officer is delegable, subject to the City’s personnel system. Any act performed by a person or body without actual authority at the time may be ratified.

[Ord. C32957 § 11; Passed: 12/10/2001]

Cross Reference: Charter § 22(c).

1.02.150 Approval of Claims.

Every claim against the City for money paid or to be paid must be presented to and approved by the city council.

[Ord. C32957 § 12; Passed: 12/10/2001]

Cross Reference: Charter § 24.18.

1.02.900 Savings.

Unless specifically provided in the particular ordinance, the passage of an ordinance, including the amendment or repeal of an existing ordinance, does not affect the rights and responsibilities of any person or the City under prior law or relieve a person from any liability, civil or criminal, arising from violation of such prior law. Any proceeding pending at the time an amendatory or repealing ordinance takes effect continues under the law in effect at the time the proceeding began, unless otherwise specified.

1.02.950 General Penalty.

A.  Under the constitution and laws of Washington, the Charter and general ordinances, the City has and hereby asserts the right to enforce the provisions of this code by all appropriate means, including actions and suits in the superior court and municipal court; and administrative proceedings for revocation of license or permit, for collection of penalty or recovery of costs of enforcement, for summary abatement of nuisance, and otherwise.

B.  Each of the following persons is liable for any penalty provided herein:

1.   a person doing an act which this code provides a person may not do;

2.   a person omitting to do an act which this code provides a person is required to do;

3.   a person committing an act or omission which this code provides to be unlawful; or

4.   a person otherwise violating this code. The principles of liability set forth in SMC 10.01.050, 10.01.070 and 10.01.080 for persons legally responsible for the conduct of another, for owners of property in the custody of others and for principals and agents apply equally in cases of civil and criminal liability.

C.  The maximum civil penalties and default amounts, not including statutory assessments, for a violation of this code, unless otherwise provided by state law, are:

1.   for a class 1 civil infraction, two hundred fifty dollars;

2.   for a class 2 civil infraction, one hundred twenty-five dollars;

3.   for a class 3 civil infraction, fifty dollars;

4.   for a class 4 civil infraction, twenty-five dollars.

D.  Whenever a monetary penalty is imposed by a court under SMC chapter 1.05, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

E.  The court may also order a person found to have committed a civil infraction to make restitution.

F.  The maximum criminal penalty for a violation of this code is a fine of five thousand dollars, imprisonment for one year, or both such fine and imprisonment.

G.  The penalties for violations of SMC title 16, both infractions and criminal offenses, are as fixed by statute, court rule, or SMC chapter 8.02.

H.  The penalties for violations of the City Penal Code, SMC title 10, division I, chapters 10.01 through 10.20, are as set forth in each section, or as provided in the statutory counterpart, or as otherwise provided.

I.  Unless otherwise provided, a violation of this code, except for a failure to pay a bill or other charge, is a misdemeanor.

[Ord. C32021; Passed: 11/10/1997]

Cross Reference: Washington Constitution art. 4, § 27; RCW 7.80.120, 35.22.280; SMC chs. 5.03, 10.20.