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ORDINANCE NO. 03-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, ADOPTING THE CITY OF WHITEFISH, MONTANA CITY CODE.
BE IT ORDAINED by the City Council of the City of Whitefish, Montana as follows:
Section 1: Pursuant to the provisions of § 7-5-107, MCA, and from and after the date of passage of this ordinance, the City Code of the City of Whitefish, Montana, prepared by Sterling Codifiers, Inc., containing the compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the City Council, shall be accepted in all courts without question as the official code and law of the City as enacted by the City Council. The City Code shall contain all ordinances adopted by the City Council after the adoption of Ordinance No. 03-19 on July 7, 2003, even if such ordinances have not yet been inserted into the most recent loose-leaf compilation.
Section 2: There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding, together with the continuous supplement service, provided by Sterling Codifiers, Inc., or a similar company satisfactory to the City, whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, one copy of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that such office is regularly open.
Section 3: All ordinances of a general nature included in this official City Code shall be considered as a continuation of such ordinance provision and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in such official City Code. All ordinances of a special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances shall continue in full force and effect unless specifically repealed or amended by a provision of the City Code. Such ordinances are not intended to be included in the official City Code.
Section 4: It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.
Section 5: All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed; provided, however, that Section 3 of Ordinance No. 00-07, adopted by the Whitefish City Council on June 19, 2000, which adopted the City’s current Sign Ordinance, provided that the previous Sign Ordinance shall remain in force and effect for the purpose of allowing and facilitating the enforcement of existing violations, and provided that in taking enforcement action with respect to a sign violation, the City shall be entitled to utilize enforcement procedure and provisions contained in either Sign Ordinance, as the City chooses on a case-by-case basis; and provided further, that Section 3 of Ordinance No. 00-07 is hereby re-adopted, in order to allow the City to continue to use the previous Sign Ordinance for enforcement purposes.
Section 6: That in the event any word, phrase, clause, sentence, paragraph, section or other part of the amendments set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect.
Section 7: This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Whitefish, Montana, and signing by the Mayor thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, THIS 6TH DAY OF OCTOBER, 2003.