GENERAL PROVISIONS
 CHAPTERS
1.01  Code Adoption
1.04  General Provisions
1.08  General Penalty - 




Chapter 1.01  CODE ADOPTION
Sections:
1.01.010     Adoption.
1.01.020     Title"Citation" Reference.
1.01.030     Reference applies to all amendments.
1.01.040     Title, chapter and section headings.
1.01.050     Reference to specific ordinances.
1.01.060     Ordinances passed prior to adoption of the code.
1.01.070     Effect of code on past actions and obligations.
1.01.080     Constitutionality.

1.01.010   Adoption.
      There is adopted the þElgin Municipal Code,þ as compiled,
edited and published by Book Publishing Company, Seattle,
Washington. (Ord. 111 par, 1996)

1.01.020   Title "Citation" Reference.
      This code shall be known as the Elgin Municipal Codeþ and it
shall be sufficient to refer to such code as the þElgin Municipal
Codeþ 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 þElgin Municipal Code.þ
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 par, 1996)

1.01.030   Reference applies to all amendments.
      Whenever a reference is made to this code as the þElgin
Municipal Codeþ 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 par, 1996)

1.01.040   Title, chapter and section headings.
      Title, chapter and section headings contained herein shall
notbe 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 par, 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 par, 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 par, 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 par, 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 par, 1996)

Chapter 1.04  GENERAL PROVISIONS
Sections:
1.04.010     Definitions.
1.04.020     Interpretation of language.
1.04.030     Grammatical interpretation.
1.04.040     Acts by agents.
1.04.050     Prohibited acts include causing and permitting.
1.04.060     Computation of time.
1.04.070     Construction.
1.04.080     Repeal shall not revive any ordinances.

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 par, 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 par,
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 par, 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 par, 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 par, 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 par,
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 par, 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 par, 1996)


Chapter 1.08  GENERAL PENALTY
Sections:
1.08.010   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)