Title 1 GENERAL PROVISIONS
Chapter 1.01 CODE ADOPTION
1.01.010 Adoption of code.
1.01.020 Citation, reference.
1.01.030 Codification authority.
1.01.040 Ordinances passed prior to adoption of the code.
1.01.050 Reference applies to amendments.
1.01.060 Title, chapter and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Effective date.
1.01.100 Constitutionality.
1.01.010 Adoption of code.
Pursuant to the provisions of Section 4-5 of the Charter of the county of
Maui and Section 62-36, Hawaii Revised Statutes, there is adopted the Maui
County Code as published by the Book Publishing Company, Seattle, Washington.
(Ord. 1113 § 1 (part), 1980)
1.01.020 Citation, reference.
This code shall be known as the Maui County Code and it shall be
sufficient to refer to said code as the Maui County Code 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, amendment to,
correction or repeal of the Maui County Code. Further reference may be held to
titles, chapters, sections and subsections of the Maui County Code and such
references shall apply to that numbered title, chapter, section or subsection as
it appears in the code. (Ord. 1113 § 1 (part), 1980)
1.01.030 Codification authority.
This code consists of all of the ordinances of general application of the
county of Maui, state of Hawaii, codified pursuant to the provisions of Section
4-5 of the Charter of the county of Maui and Section 62-36, Hawaii Revised
Statutes. (Ord. 1113 § 1 (part), 1980)
1.01.040 Ordinances passed prior to adoption of the code.
A. The last ordinance included in this code was Ordinance No. 1019,
approved on February 26, 1980. The following ordinances passed subsequent to
Ordinance No. 1019, but prior to the adoption of this code, are hereby adopted
and made a part of this code: Ordinance Nos. 1025, 1029, 1030, 1044, 1045, 1046,
1050, 1051, 1052, 1053, 1061, 1062, 1069, 1070, 1071, 1073, 1076, 1079, 1080,
1082, 1083, 1084, 1086, and 1088.
B. Any other ordinances of a general
and permanent nature adopted after Ordinance No. 1088, but prior to the
effective date of this code, also are adopted and made a part of this code. To
the fullest extent possible, the numbers of said ordinances, as they become
available, will be inserted as amendments of this section prior to the adoption
of the code.
C. The last ordinance included in this code, amending the
Maui Traffic Code established by Ordinance No. 413 of the County of Maui, was
Ordinance No. 413.148, approved on February 25, 1980. The following ordinances
passed subsequent to Ordinance No. 413.148, but prior to adoption of this code,
and are hereby adopted and made a part of this code: Ordinance Nos. 413.149,
413.150, 413.151, 413.152, 413.153, 413.154, 413.155, 413.156, 413.157, 413.158,
and 413.159. (Ord. 1113 § 1 (part), 1980)
1.01.050 Reference applies to amendments.
Whenever a reference is made to this code as the Maui County Code or to
any portion thereof, or to any ordinance of Maui County, the reference shall
apply to all amendments, corrections and additions heretofore, now or hereafter
made. (Ord. 1113 § 1 (part), 1980)
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. 1113 § 1
(part), 1980)
1.01.070 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 provision contained within this code. (Ord. 1113 § 1 (part),
1980)
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments 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 hereof, 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 effect 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. 1113
§ 1 (part), 1980)
1.01.090 Effective date.
This code shall become effective on the date the ordinance adopting this
code as the Maui County Code shall become effective. (Ord. 1113 § 1 (part),
1980)
1.01.100 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. The council 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 this code should be declared invalid
or unconstitutional, then the original ordinance or ordinances shall be in full
force and effect. (Ord. 1365 § 1, 1984: Ord. 1113 § 1 (part),
1980)
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