[Code, 8-20-1963]
All ordinances embraced in the following chapters and sections
shall constitute and be designated "The Lake Oswego Code" and may
be so cited. When citing a specific section of the Lake Oswego Code,
"LOC" may be used as an abbreviation.
[Ord. No. 1444, 11-16-1971]
That compilation known as the Lake Oswego Code, 1968 Edition
as amended from time to time, is hereby recognized as the official
compilation of general city ordinances and shall be prima facia evidence
of municipal law. Any such ordinance included in the Code may be amended
or repealed by reference to its code number or ordinance number, or
both. The City Recorder shall administer the Code and shall supervise
the production and distribution of all amendments or replacement parts
to the Code.
[Ord. No. 1588, 7-1-1975]
The City Recorder is empowered to make certain editorial changes
and corrections in the Lake Oswego Code, provided such changes shall
not alter the sense, meaning, affect, or substance of any ordinance.
Said changes and corrections may include the following:
1.
Numbering
and re-numbering sections and parts of sections of ordinances, either
as enacted or as codified;
2.
Changes
in the wording of headnotes;
3.
Rearrangements
of sections;
4.
Changes
of reference numbers to agree with renumbered chapters, sections and
statutes;
5.
Substitutions
of the proper subsection, section, chapter, or other division numbers;
6.
Omission
of figures or words which are merely repetitious;
7.
Changes
of capitalization and punctuation for purposes of uniformity;
8.
Correction
of manifest clerical or typographical errors.
[Code, 8-20-1963; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2890, Amended, 3-17-2022]
In the construction of this Code and all other ordinances of
the City, the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the Council or the
context clearly requires otherwise:
The words "the city" or "this city" shall be construed as
if followed by the words "of Lake Oswego, Oregon."
The words "the Code" or "this Code" shall mean "The Lake
Oswego Code."
The time within which an act is to be done, as provided in
the civil procedure statutes, is computed by excluding the first day
and including the last unless the last day falls upon any legal holiday
or on Saturdays in which case the last day is also excluded.
Whenever the word "council" is used, it shall be construed
to mean the City Council of the City of Lake Oswego, Oregon.
The words "the county" or "this county" shall mean Clackamas
County, Oregon.
A day is the period of time between any midnight and the
midnight following.
"Daytime" is the period of time between sunrise and sunset.
"Nighttime" is the period of time between sunset and sunrise.
Whenever any department, board, commission, office, officer
or employee is referred to, it shall mean a department, board, commission,
office, officer or employee of the City of Lake Oswego, Oregon, unless
the context clearly indicates otherwise.
The term "fiscal year" shall mean the period from July first
through June thirtieth of each year.
The masculine gender includes the feminine and neuter.
The words "in the city" or "within the corporate limits of
the city" shall mean and include all territory over which the city
now has or shall hereafter acquire jurisdiction for the exercise of
its police powers or other regulatory powers.
All words giving joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
The word "month" shall mean a calendar month.
The singular number includes the plural, and the plural the
singular.
"Oath" includes affirmation.
All references to the Oregon Revised Statutes (ORS) shall
be construed to refer to those statutes in effect on October 23, 1999.
Whenever certain hours are named herein, they shall mean
the standard of time as set out in Oregon Revised Statutes 187.110.
"Or" may be read "and", and "and" may be read "or", if the
sense requires it.
The word "owner", applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety of the whole or of a part of
such building or land or vendee in possession under a land sale contract.
"Person" includes individuals, corporations, associations,
firms, partnerships and joint stock companies.
"Personal property" includes every species of property, except
real property, as herein defined.
The words "preceding" and "following" mean next before and
next after, respectively.
"Process" includes a writ or summons issued in the course
of judicial proceedings of either a civil or criminal nature.
The word "property" shall include real and personal property.
The words "real property" shall include lands, tenements
and hereditaments.
"Shall" is mandatory and "may" is permissive.
"Signature" or "subscription" includes mark when the signer
or subscriber cannot write, such signer’s or subscriber’s
name being written near the mark by a witness who writes their own
name near the signer’s or subscriber’s name; but a signature
or subscription by mark can be acknowledged or can serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
The words "the state" or "this state" shall be construed
to mean the State of Oregon.
The words "tenant" or "occupant," applied to a building or
land, shall include any person holding a written or an oral lease
of or who occupies, the whole or a part of such building or land,
either alone or with others.
The present tense includes the past and future tenses, and
the future includes the present.
"To" means "to and including" when used in reference to a
series of sections of this Code or when reference is made to the Oregon
Revised Statutes.
A week consists of seven consecutive days.
Writing includes any form of recorded message capable of
comprehension by ordinary visual means. Whenever any notice, report,
statement or record is required or authorized by this Code, it shall
be made in writing in the English language unless it is expressly
provided otherwise.
The "year" shall mean a calendar year, except where otherwise
provided.
[Code, 8-20-1963]
The provisions appearing in this Code, so far as they are the
same as those of ordinances existing at the time of the effective
date of this Code, shall be considered as continuations thereof and
not as new enactments.
[Code, 8-20-1963]
The repeal of an ordinance shall not revive any ordinances in
force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or
penalty incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal, for any offense committed
under the ordinance repealed.
[Code, 8-20-1963; amended 11-21-2023 by Ord. No.
2937]
It is hereby declared to be the intention of the council that
the sections, paragraphs, sentences, clauses and phrases of this Code
are severable, and if any phrase, clause, sentence, paragraph or section
of this Code shall be declared unconstitutional by the valid judgment
or decree of the court of competent jurisdiction or is preempted by
state or federal law, such unconstitutionality or preemption shall
not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this Code.
[Code, 8-20-1963]
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catch-words to indicate the
contents of the section and shall not be deemed or taken to be titles
of such sections, nor as any part of the section, nor, unless expressly
so provided, shall they be so deemed when any of such sections, including
the catchline, is amended or re-enacted.
[Ord. No. 2140, Amended, 12-17-1996; Ord. No. 430, 9-18-1951]
The National Geodetic Vertical Datum of 1929 (NGVD 29) is hereby
established as the official datum of the City.
[Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2140, Amended, 12-17-1996; Ord. No. 430, 9-18-1951]
All surveys required to be approved by the City that require
determination of elevation shall be calculated from either the National
Geodetic Vertical Datum of 1929 (NGVD 29) or the North American Vertical
Datum of 1988 (NAVD88).
