Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.12 Commissioner Districts

1.16 General Penalty

1.20 Prisoners

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption.

1.01.020 Title– Citation– Reference.

1.01.030 Provisions codified.

1.01.040 Reference applies to all amendments.

1.01.050 Title, chapter and section headings.

1.01.060 Reference to specific ordinances.

1.01.070 Definitions.

1.01.080 Interpretation of language.

1.01.090 Grammatical interpretation.

1.01.100 Acts by agents.

1.01.110 Prohibited acts include causing and permitting.

1.01.120 Computation of time.

1.01.130 Construction.

1.01.140 Effect of code on past actions and obligations.

1.01.160 Repeal shall not revive any ordinances.

1.01.170 Constitutionality.

1.01.180 Effective date.

1.01.010 Adoption.

There is adopted the "Skamania County code," as published by Book Publishing Company, Seattle, Washington.

(Ord. 1979-07 § 1)

1.01.020 Title– Citation– Reference.

This code shall be known as the Skamania County code and it may be referred to as the Skamania County code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. Prosecutions for violations of Skamania County ordinances and/or resolutions, and actions based thereon, shall refer to the Skamania County code section as well as the underlying ordinance and/or resolution upon which the prosecution or action is based. Amendments to any ordinances or resolutions or portions thereof of Skamania County, shall also refer to the Skamania County code sections under which such ordinances or resolutions are codified.

(Ord. 1979-07 § 2)

1.01.030 Provisions codified.

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of Skamania County, Washington.

(Ord. 1979-07 § 3)

1.01.040 Reference applies to all amendments.

Whenever a reference is made to this code as the Skamania County code, or to any portion thereof, or to any ordinance of the county of Skamania, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made.

(Ord. 1979-07 § 4)

1.01.050 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 sections hereof.

(Ord. 1979-07 § 5)

1.01.060 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. 1979-07 § 6)

1.01.070 Definitions.

The following words and phrases, whenever used in the ordinances of the county of Skamania, state of Washington, 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. "County" means the county of Skamania.

B. "Law" denotes applicable federal law, the Constitution and statutes of the state of Washington, the ordinances of the county of Skamania, and, when appropriate, any and a rules and regulations which may be promulgated thereunder.

C. "May" is permissive.

D. "Month" means a calendar month.

E. "Must" and "shall" are each mandatory.

F. "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."

G. "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.

H. "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.

I. "Personal property" includes money, goods, chattels, things in action and evidences of debt.

J. "Preceding" and "following" mean next before and next after respectively.

K. "Property" includes real and personal property.

L. "Real property" includes lands, tenements and hereditaments.

M. "Sidewalk" means that portion of a street between the curbline and the adjacent property line of pedestrians.

N. "State" means the state of Washington.

O. "Street" includes all streets, highway, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in Skamania County which have been or may here after be dedicated and open to public use, or such other public property so designated in any law of this state.

P. "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.

Q. "Written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

R. "Year" means a calendar year.

(Ord. 1979-07 § 7)

1.01.080 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. 1979-07 § 8)

1.01.090 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the county of Skamania, 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. 1979-07 § 9)

1.01.100 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. 1979-07 § 10)

1.01.110 Prohibited acts include causing and permitting.

Whenever in the ordinances of the county, 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. 1979-07 § 11)

1.01.120 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. 1979-07 § 12)

1.01.130 Construction.

The provisions of the ordinances of the county, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.

(Ord. 1979-07 § 13)

1.01.140 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendments hereby of any ordinance, or part or portion of any ordinance of the county, shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee, or penalty at said 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. 1979-07 § 14)

1.01.160 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 hereby.

(Ord. 1979-07 § 16)

1.01.170 Constitutionality.

If any section, subsection, sentence, clause or phrase of the Skamania County code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the code. The board declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, 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, the Skamania County code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

(Ord. 1979-07 § 17)

1.01.180 Effective date.

The Skamania County code shall become effective on the date the ordinance adopting the same became effective.

(Ord. 1979-07 § 18)

Chapter 1.04
GENERAL PROVISIONS

(Reserved)

Chapter 1.12
COMMISSIONER DISTRICTS

Sections:

1.12.010 Boundaries designated.

1.12.010 Boundaries designated.

The boundaries of the county commissioner districts run as follows:

A. District No. 1. To commence at the southwest corner of the boundary line of the county, and running easterly to the southwest boundary line of the E.C. Hardy Donation Land Claim; thence due north to the county line; thence west to the county line; thence south to the place of beginning.

B. District No. 2. To commence at the southwest boundary line of the E.C. Hardy Donation Land Claim, and running easterly to the section line between Sections 27 and 18 Township 3 north 8 east; thence north to the north line of the county; thence west to a line parallel with the southwest boundary line of the E.C. Hardy Donation Land Claim; thence south to the place of beginning.

C. District No. 3. To commence at the southwest section line between Sections 27 and 28 Township 3 North 8 east, and running easterly to the eastern boundary line of the county; thence north on said line to the northern boundary line of the county; thence west to a point parallel in line with the southwest section line between Sections 27 and 28 Township 3 north 8 east; thence south to the place of beginning.

(Res. dated 2/2/1890)

Chapter 1.16
GENERAL PENALTY

Sections:

1.16.010 Purpose and intent.

1.16.020 Penalty classifications.

1.16.010 Purpose and intent.

A. All violations of the county ordinances shall be deemed infractions unless the county ordinance expressly makes a violation a misdemeanor or gross misdemeanor or imposes a penalty in excess of the maximum penalty for infractions.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provisions of the ordinances of Skamania County is committed, continued or permitted by any such person, and he is punishable accordingly.

(Ord. 1998-02 (part))

1.16.020 Penalty classifications.

There shall be three penalty classifications:

A. Infractions– punishable by a maximum fine of two hundred fifty dollars;

B. Misdemeanors– punishable by a fine not exceeding one thousand dollars, imprisonment not exceeding ninety days or both;

C. Gross misdemeanors– punishable by a fine not exceeding five thousand dollars, imprisonment not exceeding one year or both.

(Ord. 1998-02 (part))

Chapter 1.20
PRISONERS

Sections:

1.20.020 Prisoner labor.

1.20.030 County work program alternative to portion of fine or jail time.

1.20.020 Prisoner labor.

In accordance with RCW 36.28.100, the sheriff of Skamania County may cause persons under sentences of imprisonment in the county jail to work and perform work for the public, including in and on the public roads and public highways of the county. Such labor shall be performed on each working day during the sentence of any such prisoner, a full eight hours and no more to be considered a day's work under this section. The labor contemplated under this section shall be under the direction of the board of county commissioners, or the proper road supervisor acting for the commissioners, except within the limits of any town in the county, when it shall be done under the direction of the authorities of such town. The sheriff of the county shall have immediate control of said prisoners, and be responsible for their safekeeping, as provided by law.

(Res. 1997-77 (part); Res. dated 8/8/1917)

1.20.030 County work program alternative to portion of fine or jail time.

A. Any person convicted of a crime in Skamania County, who has as part or all of their sentence been committed to the county jail and/or ordered to pay a fine, may as an alternative to the payment of a portion of the fine or the serving of all or a portion of the jail time, opt to participate in a county work program at the county dump site or sites; provided, that credit towards fines shall be given to such person only towards that portion of the fine that would otherwise go to the county general fund; that no portion of a fine otherwise allocated to other units of government shall be so credited.

B. Any such person shall be given credit for his or her participation in such a work program at the state's minimum hourly wage rate towards payment of a fine or any such person shall receive a full day's credit for each day worked on the county work program towards reduction of jail time.

C. This program shall be entirely voluntary on the part of its participants

(Ord. 1987-13 §§ 1, 2, 3)