Chapter 1.01
CODE ADOPTION

Sections:

1.01.010    Code adopted.

1.01.020    Title – Citation – Reference.

1.01.030    Reference applies to amendments.

1.01.040    Codification authority.

1.01.050    Definitions and construction.

1.01.060    Title, chapter and section headings.

1.01.090    Effective date.

1.01.100    Severability.

1.01.110    Use of brackets.

1.01.010 Code adopted.

The Albany Municipal Code, as compiled from the ordinances of the City of Albany, Oregon, is hereby adopted as the official code of the City of Albany, Oregon. (Ord. 5013 § 1, 1992; Ord. 3483 § 1, 1970).

1.01.020 Title – Citation – Reference.

This code shall be known as the “Albany Municipal Code” and it shall be sufficient to refer to this code as the “Albany Municipal Code” in any prosecution for the violation of any provisions thereof or in any proceeding at law or equity. It shall also 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 of or repeal of the “Albany Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Albany Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that code. (Ord. 3483 § 2, 1970).

1.01.030 Reference applies to amendments.

Whenever a reference is made to this code as the “Albany Municipal Code” or to any portion thereof, or to any ordinances of the City of Albany, Oregon that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 3483 § 3, 1970).

1.01.040 Codification authority.

This code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to ORS 221.928. (Ord. 3483 § 4, 1970).

1.01.050 Definitions and construction.

Unless the context otherwise requires, the following words and phrases where used in the ordinances of the City of Albany shall have the meaning and construction given in this section:

(1) “Code” means the “Albany Municipal Code”;

(2) “City” means the City of Albany;

(3) “Common Council” means the City Council of the City of Albany;

(4) “County” means the counties of Linn and Benton;

(5) “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer, or employee of any of them;

(6) “State” means the State of Oregon;

(7) “Oath” includes affirmation;

(8) Number. The singular number includes the plural, and the plural includes the singular;

(9) Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense;

(10) Shall, May. “Shall” is mandatory, and “may” is permissive;

(11) Title of Office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Albany;

(12) “Owner” when pertaining to a building or land includes any part owner, joint owner, contract purchaser, tenant in common, or joint tenant of the whole or part of such building or land;

(13) “Street” includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalk, parkways, or other public ways in Albany 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;

(14) “Tenant or occupant” when pertaining to a building or land includes any person who occupies the whole or part of such building or land, whether alone or with others;

(15) “Goods” includes wares and merchandise;

(16) “Operate” or “engage in” includes carry on, keep, conduct, maintain, or cause to be kept or maintained;

(17) “Across” includes along, in or upon;

(18) “Sale” includes any sale, exchange, barter or offer for sale;

(19) “Ex officio” means by virtue of office. (Ord. 5026 § 1, 1993; Ord. 4510 § 1, 1982; Ord. 3483 § 5, 1970).

1.01.060 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. 3483 § 6, 1970).

1.01.090 Effective date.

The Albany Municipal Code shall become effective on June 12, 1970. (Ord. 3483 § 9, 1970).

1.01.100 Severability.

If any section, subsection, sentence, clause, phrase, part, or portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The Albany City Council hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Ord. 3483 § 10, 1970).

1.01.110 Use of brackets.

Whenever a section of this code contains a blank line surrounded by brackets, [____], it shall denote a fee, charge, fine, or like monetary notation which shall be separately set by motion or resolution of the City Council. (Ord. 5013 § 1, 1992).